DCF and I-864 Domicile: Mexico City

[RamirezUSA 2]

I am very confused about the Domicile Requirement for the I-864. My current residence is Mexico City and I have a residence card. I will petition my husband through the US Embassy via DCF. I work in Mexico AND have a job online in the US (University of Missouri - not on list of approved universities in I-864 instructions) AND am in Grad school online through a US Institution. 

 

I have a joint sponsor (mom) who resides where I currently consider my permanent home US address. But, on the I-130 Petition forms and all forms I intend to put my Mexico address (it is also my tax home). 

 

I wonder - which address should I put on the forms? If I put my US address, this will show that I am domiciled in the US - but could possibly not be considered able to file DCF? If I put the Mexico address, I will have to show through I-864 that I intend to reestablish domicile, even though I have bank account, voting records, school and work, etc?

 

Also, do I need to file a I-864A? This is new to me. Very confused! Thank you in advance. 

And, hi Jorge if you read this. 

[Jorge V 195]

Hello to you, @RamirezUSA

 

The domicile requirement is definitely confusing if the US citizen lives abroad, whether doing DCF or not. Fortunately, it's not too difficult.

 

You and I actually have a similar case. I was living in Mexico right up until my wife was approved and we moved to the US together. I also have a job online, though I wasn't in grad school nor did I have a joint sponsor.

 

On our I-130 I wrote down my Mexico address. This is because we still had our apartment and when we filed we knew we were at least 3 months from moving. It also served as part of our bona fide marriage evidence as we had been living together at that address for a few years.

 

The I-864 comes later. You don't have to turn it in until your husband's interview, so that gives you some time. The form will ask for the petitioner's (your) mailing and physical address. Since I had all but setup my return to the US by this point, I opted to use my US address (actually my mom's) for both. The I-864 also asks for your country of domicile. I wrote down USA. My reasoning for using USA as my country of domicile was the following blurb in the official I-864 instructions (https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf):

 

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You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.

You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

I prepared proof, including proof of employment (even though I work online), bank accounts, credit cards, a moving quote, a letter from my mom, and printed email correspondence with an apartment complex. My wife took all of this evidence with her to her interview, but in the end it proved to not be needed. She was never asked for it, and she even offered it to the officer, but he refused it.

 

Even if you do not consider your physical or mailing address to be in the US at the time of the interview, the official instructions allow you to specify your domicile as USA as long as you meet the above guideline. Here's another blurb:

 

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If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

So in short, You should use your Mexican address on the I-130. If you've established your residence in the US before the interview, then use that address on the I-864. Otherwise, use your address in Mexico. Whichever way you go, you should answer the "Country of Domicile" question with "USA".