Will I qualify as being domiciled in the US for I-864 purposes?

[Dongbei 22]

Hello VJ folks. I am going to be going the DCF route for my wife and I have a question about if I will qualify as being domiciled in the US for filing my I-864. Please read below for details.

 

I have lived in China for the past 3 years, traveling back to the US 2 times over that period. Over the next year I will be working for a university in China (will be working for them when going through the DCF process). During those 3 years I was employed by a US company while also studying in China and online at an American university. The company does not appear on the automatic exemption list.

 

I have also maintained a US bank account (with frequent deposits and withdrawals), US stock brokerage account, US credit card with activity every month and filed federal taxes every year (already requested tax transcripts for 2014-2017). In addition, I have been studying online at an accredited US institution and plan on moving to that school to finish my degree once my wife gets her visa and my contract is up with the Chinese university (about a year from now). I also have maintained a permanent mailing address (my father's place of business). I could easily have my father write up a letter saying we will stay temporarily in his home before moving to my university to finish my degree in America as well.

 

All that said, I'm wondering if the above would count as being domiciled in the US?

 

In sum:

 

Things I have: 2 trips back to America (no boarding passes, just the digital records of my ticket purchases), US stock brokerage account and bank account with frequent activity, US credit card account, federal tax transcripts, and records of online study during entire time overseas with intent to finish my degree in the US after moving back. All my family is in the US as well.

 

Things I don't have: voting records, utilities (cell phone, etc.), property in my name, a lease or rental property, a car in my name, kids to be enrolled in US schools or a job offer (too far out).

[shumway1756 304]

The big criteria is have you always, since leaving the US, had the uninterrupted intention of returning to the US as your place of domicile. If the answer is "yes", then you are domiciled in the US. However, the burden is on you to prove that, and it's not the easiest thing to prove after a long absence.

 

I was able to successfully establish domicile in the US at NVC stage despite being absent for almost a year and a half now. I provided bank statements, property ownership, proof that I've maintained my place of residence with utilities, insurance, etc. I also included a letter from my US employer showing that they've granted me the ability to work remotely but that they expect me to return after my wife has her visa. It helps that my income is fully American based so the affidavit of support was a breeze for me, so I don't think they questioned my domicile in great detail because it's clear that my financial income is established and will continue uninterrupted when I return with my wife.

 

Again, I really don't know how your case will work out, I can only share my experience which is not as lengthy of an absence as yours.

[Dongbei 22]

5 minutes ago, shumway1756 said:

property ownership, proof that I've maintained my place of residence with utilities, insurance, etc.

Yes, unfortunately I don't have that, so it makes a bit harder to prove. I also am not continuing with my previous employer, so I don't have that bit of proof, either. 

 

Thanks for sharing your experience!

[shumway1756 304]

You could instead go the route of re-establishing domicile. So instead of trying to say that you have domicile at this moment, you can show proof that you've taken steps to re-establish your domicile in the US. A place to call home, bank accounts, job offer (if applicable), things like this. I'm not an expert in this, but I'm wondering if that may be an easier route for you to take instead of trying to prove present domicile. Something to look at.

[Dongbei 22]

1 minute ago, shumway1756 said:

You could instead go the route of re-establishing domicile. So instead of trying to say that you have domicile at this moment, you can show proof that you've taken steps to re-establish your domicile in the US. A place to call home, bank accounts, job offer (if applicable), things like this. I'm not an expert in this, but I'm wondering if that may be an easier route for you to take instead of trying to prove present domicile. Something to look at.

This would require me getting a lease on an apartment or job offer, which I can't really do so far out from when I'm actually going to be moving back (July 2019). 

[geowrian 22,337]

It doesn't make much sense to do DCF - requiring you to be living abroad - and also actually be domiciled in the US. You can't have it both ways. However, as noted, you can file via DCF then either establish US domicile OR show sufficient intent to establish domicile before they will issue the visa.

 

If you don't plan to move until July 2019, then you have plenty of time to plan things out. DCF usually takes weeks to months. You can start the process and then delay actually filing for the visa. The I-864/domicile requirement isn't needed with the initial I-130 filing.

[shumway1756 304]

16 minutes ago, geowrian said:

It doesn't make much sense to do DCF - requiring you to be living abroad - and also actually be domiciled in the US. You can't have it both ways.

Good catch, I overlooked the DCF part.

[JC&BS 75]

41 minutes ago, shumway1756 said:

I also included a letter from my US employer showing that they've granted me the ability to work remotely but that they expect me to return after my wife has her visa. It helps that my income is fully American based so the affidavit of support was a breeze for me, so I don't think they questioned my domicile in great detail because it's clear that my financial income is established and will continue uninterrupted when I return with my wife.

 

Did you still need a joint sponsor even though you lived abroad and had steady US income?

[shumway1756 304]

 

@JC&BS

 

No, I did not require a joint sponsor. My US income is well above the minimum level.

 

As a disclaimer here, I've only passed NVC's screening. My wife's interview is coming up in August so the CO will also need to be satisfied with everything. We don't expect any issues, but we do have a joint sponsor lined up just incase the CO is not satisfied.

Edited July 25, 2018 by shumway1756

[Dongbei 22]

28 minutes ago, geowrian said:

If you don't plan to move until July 2019, then you have plenty of time to plan things out. DCF usually takes weeks to months. You can start the process and then delay actually filing for the visa. The I-864/domicile requirement isn't needed with the initial I-130 filing.

So I can go ahead and do the initial I-130 filing and wait on the later stages?

 

The issue is, I'm not sure how I can prove intent to re-establish domicile, other than show my transcripts from school and write a letter discussing my intent to move there once the visa is issued. Not sure how far out I can get a job offer, lease an apartment, etc. The latter needs to be done in person as far as I know.

 

As far as income goes, I do not qualify since all of my income over the past 3 years has been "foreign income" (even though it came from a US company). However, my assets are above the minimum requirement so I don't think that should be an issue at all.

Edited July 25, 2018 by Dongbei

[geowrian 22,337]

1 minute ago, Dongbei said:

So I can go ahead and do the initial I-130 filing and wait on the later stages?

 

The issue is, I'm not sure how I can prove intent to re-establish domicile, other than show my transcripts from school and write a letter discussing my intent to move there once the visa is issued. Not sure how far out I can get a job offer, lease an apartment, etc. The latter needs to be done in person as far as I know.

Yes, although you are likely way early if doing DCF. haha But yes, the I-130, once approved, does not automatically expire. The I-130 is the piece you do DCF with. As long as you stay in contact with the embassy/consulate, they should keep the case open. Feel free to contact them directly to confirm.

 

Moving quotes? Lease/mortgage or deed (or agreement with a family member if you will live together)? Driver's license? US bank account(s) and credit card(s), which you said you had already.

Honestly, I doubt they wold give you much hassle with the domicile requirement given that you are a student. Don't overthink it. Plan ahead, but I doubt they would question much other than your stated intent to return home after school. Some embassies are stricter with this than others (i.e. Canada is notoriously strict), but your circumstances don't seem like they would raise much of an eyebrow.

[Dongbei 22]

18 minutes ago, geowrian said:

Some embassies are stricter with this than others (i.e. Canada is notoriously strict), but your circumstances don't seem like they would raise much of an eyebrow.

 

That's good to hear, thank you. Do you think it would be best to file with a joint sponsor just in case? I think my father is willing to do it and he definitely meets all of the qualifications. He said he'd be willing to write a letter for residence or even offer me a job as well if necessary as he owns a business (but I don't plan on working for him so I'd rather not go that route). 

[geowrian 22,337]

5 minutes ago, Dongbei said:

That's good to hear, thank you. Do you think it would be best to file with a joint sponsor just in case? I think my father is willing to do it and he definitely meets all of the qualifications. He said he'd be willing to write a letter for residence or even offer me a job as well if necessary as he owns a business (but I don't plan on working for him so I'd rather not go that route). 

You would file the I-130 first. Since you would be doing DCF, NVC won't see the I-864 so your partner will just present it to the CO for the interview.

 

As for if you need a joint sponsor or not, that depends on the circumstances. Will your income continue from the same source upon returning to the US? if so, and the amount is sufficient, then there's no need for a joint sponsor. Or you can use assets. If the income will not continue from the same source or is insufficient, then a joint sponsor will be necessary.

Promises of future employment does not meet the requirements for an I-864 (although there is a recent post on here where a CO approved somebody based on that alone...by law they are required to look at current income and/or assets so I would not rely on this being the typical case). The letter of residencce, if you plan to live there, would be good to include for domicile, though.

[Dongbei 22]

21 minutes ago, geowrian said:

Will your income continue from the same source upon returning to the US?

No, but my assets qualify. 

 

22 minutes ago, geowrian said:

The letter of residencce, if you plan to live there, would be good to include for domicile, though.

Would a letter from family saying they will provide temporary accommodation before I move on/near campus suffice?

 

Would it be beneficial just to go ahead and get all the joint sponsorship paperwork done and file it together, just so that in case they think I don't meet the domicile requirements they can just use the joint sponsor?

[geowrian 22,337]

Just now, Dongbei said:

No, but my assets qualify.

Then you should be fine. It's never really a bad idea having a joint sponsor's I-864 + documentation on hand if needed for the interview, but no need for one if you meet the requirements.

Note that assets must be at least 3x the minimum income level for a spouse.

 

Just now, Dongbei said:

Would a letter from family saying they will provide temporary accommodation before I move on/near campus suffice?

It's certainly something I would include as evidence of intent to restablish domicile.

Just now, Dongbei said:

Would it be beneficial just to go ahead and get all the joint sponsorship paperwork done and file it together, just so that in case they think I don't meet the domicile requirements they can just use the joint sponsor?

As the petitioner, you must be the primary sponsor for the I-864. An I-864 sponsor must meet the US domicile requirement. The purpose of a joint sponsor is for the financial requirements only...it has nothing to do with domicile.

As noted, it's not a bad idea to have an I-864 from a joint sponsor ready just in case. For DCF, this would be for the interview...no need to use one sooner.