Establishing intent to Domicile in the US

[Robbai 0]

Hi everyone

 

I've been looking through past threads on establishing domicile in the US and I'm a bit confused.

 

Firstly, I am a dual national (UK / US) and have never officially lived in the US. I do plan to move to the US with my wife and live there permanently. I'm hoping we can both arrive at the same time. 

In order to complete the form I864 affidavit of support, it says I should establish domicile in the US. Obviously, as I lived in the UK previously (and currently am living in China), I have no domicile there.

 

I do have a family member who will be a joint sponsor for us, so I think that the financial side of things is ok.

 

So, as well as my family member, am I still also supposed to fill out form I864?

If I do, is there a way for me to prove intent to domicile in the US? If so, how?

Will I need to travel to the US before my wife to secure domicile or can I arrive at the same time?

 

Thanks again for your help! 

 

[Penguin_ie 5,993]

Yes, you will still need to fill in the I-864 and show 3 years tax filings (you likely won;t need to pay any taxes since you worked abroad, but as a US citizen you are always supposed to FILE taxes with the IRS).

 

You can arrive at the same time as your wife; the rule is that you need to establish domicile before or at the same time she arrives. However, proving that if you have never lived in the USA can be difficult.  What I generally recommend is a visit to the USA where you can get a drivers license, sign up with some job agencies, buy a home (or at least sign up with a realtor/ rental agency, and have email proof that you did) etc.  If you have kids, you can also enroll them in a US based daycare/ school.