Domicile & income requirements

[adastra 0]

Hi all,

I have a question about the domicile and income requirements. I (USC) live in London with my husband (UKC) and we're DCF filing in London. Sent the I-130 last month. I'm moving back to the States in September to do a Phd and I'm hoping my husband can move there with me around the same time.

Once the I-130 is approved I'll need to send the Affidavit of Support, but at this point I'll still be living in the UK. I will shortly be signing a lease on an apartment through the University and I already have documents from the University stating that I will get a yearly stipend of $24,000 (above the poverty line requirements) for the next 5 years.

My questions:

1) Will the lease contract (starts September 1st) be enough to cover the US domicile requirement?

2) Will the letter from the university be enough to cover the income requirement?

If not, then what do I have to do? Do I have to wait until I've moved back to the US to complete the Affidavit of Support or is there anything else I can do to prove I'm (going to be) domiciled in the US?

Thanks for your help.

P.S. Anyone know where I can find out what the vaccination requirements are for my husband? Best to get this sorted before the medical, right?

[homesick_american 1]

1) Will the lease contract (starts September 1st) be enough to cover the US domicile requirement?

Yes.

2) Will the letter from the university be enough to cover the income requirement?

I think so but don't quote me on that. Read this for more info:

http://london.usembassy.gov/cons_new/faqs/...864_income.html

If not, then what do I have to do? Do I have to wait until I've moved back to the US to complete the Affidavit of Support or is there anything else I can do to prove I'm (going to be) domiciled in the US?

Thanks for your help.

You'll hear a lot of cr@p about domicile; it does seem that different embassies have different interpretations of what domicile actually means. I'm going to try to put a line under the London domicile policy by posting this from the US Embassy's website:

What if I have not maintained a residence in the United States?

If you are acting as a joint sponsor you are required to show that you have maintained a residence in the United States. However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since a child, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a sponsor. In such cases, the question becomes do you intend to reestablish a residence in the United States. If this is indeed your intention and you can prove that you have or intend to re-establish U.S. residence, it may be possible for you to act as a sponsor.

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in the United Kingdom; for example obtaining a valuation of your property from an estate agent.

http://london.usembassy.gov/cons_new/faqs/...tml#domicile002

Hopefully this will put this debate to bed once and for all. I did NOT maintain domicile in the United States...I had lived in the UK for over five years by the time I filed the I-864 for my husband, and never once was domicile an issue. The word 'domicile' was not uttered once during our interview. Do not worry about it.

P.S. Anyone know where I can find out what the vaccination requirements are for my husband? Best to get this sorted before the medical, right?

It's right here:

http://london.usembassy.gov/cons_new/visa/...ccinechart.html

And you're right, it is best to sort it out in advance, otherwise you'll pay full whack for the vaccinations at the private clinic.