Intent to reestablish domicile.

[TPaul 3]

My wife and daughter are applying for US permanent residence.  We live in Mexico.  We were advised by a lawyer in San Diego that for all cases in Ciudad Juarez, if the petitioner shows intent to reestablish domicile but is not in fact domiciled in the US at the time of the interview, the visa application is rejected.  Does anyone know if this is true?  Thanks for any replies.

[Just Paul 4,595]

6 minutes ago, TPaul said:

We were advised by a lawyer in San Diego that for all cases in Ciudad Juarez, if the petitioner shows intent to reestablish domicile but is not in fact domiciled in the US at the time of the interview, the visa application is rejected.  Does anyone know if this is true?

Absolutely true.

 

It was relatively easy for me since I kept my condo, paid real estate and income taxes, voted and kept utilities, car insurance and bank accounts in my name. 

[geowrian 22,337]

The petitioner (and any I-864 sponsor) must show either US domicile or sufficient intent to establish US domicile. The individual's circumstances usually determine ow much intent needs to be shown. For instance, somebody born in Mexico and lived there almost all their life is a different case than somebody who moved there a year ago to live with their spouse until the visa processed.

[Nitas_man 3,100]

10 hours ago, TPaul said:

My wife and daughter are applying for US permanent residence.  We live in Mexico.  We were advised by a lawyer in San Diego that for all cases in Ciudad Juarez, if the petitioner shows intent to reestablish domicile but is not in fact domiciled in the US at the time of the interview, the visa application is rejected.  Does anyone know if this is true?  Thanks for any replies.

We were domiciled in another country when we filed DCF.  Bank accounts, credit cards, retirement accounts, and a family member’s address where all that was mailed to was enough to establish intent.

[TPaul 3]

7 minutes ago, Nitas_man said:

We were domiciled in another country when we filed DCF.  Bank accounts, credit cards, retirement accounts, and a family member’s address where all that was mailed to was enough to establish intent.

Thanks for the response but when was your interview? We are being told that in the past yes but, now all petitioners with foreign domicile are rejected. Can anyone confirm?  Thanks 

[geowrian 22,337]

6 minutes ago, TPaul said:

Thanks for the response but when was your interview? We are being told that in the past yes but, now all petitioners with foreign domicile are rejected. Can anyone confirm?  Thanks 

There are people doing DCF all the time (likely an uptick actually as it's going away soon), and there's no known changes in consideration of domicile. If there was a change, I'm pretty sure it would be reported pretty heavily.

[payxibka 10,045]

12 minutes ago, TPaul said:

Thanks for the response but when was your interview? We are being told that in the past yes but, now all petitioners with foreign domicile are rejected. Can anyone confirm?  Thanks 

Rejection in any country that doesn't have a local uscis field office, but that's been the case for some time.  And will become more as they implement the closure plans 

Edited July 17, 2019 by payxibka

[Just Paul 4,595]

1 hour ago, TPaul said:

Thanks for the response but when was your interview? We are being told that in the past yes but, now all petitioners with foreign domicile are rejected. Can anyone confirm?  Thanks 

Our DCF was approved in CDJ last October.  It was good I was there as domicile and other questions came up and I got interviewed too.

[Nitas_man 3,100]

6 hours ago, TPaul said:

6 hours ago, TPaul said:

Thanks for the response but when was your interview? We are being told that in the past yes but, now all petitioners with foreign domicile are rejected. Can anyone confirm?  Thanks 

I think you might have possibly misunderstood what your lawyer or someone else told you.

The USCIS field offices are closing so overseas petitioners will be lockbox filing but USCIS rules have not been changed to exclude overseas USC residents from filing petitions.

4 hours ago, Paul & Mary said:

Our DCF was approved in CDJ last October.  It was good I was there as domicile and other questions came up and I got interviewed too.

As did I.