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nkk0

Proof of intent to re-establish domicile

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My wife and I are getting ready to send over all of our documents to the Frankfurt consulate, including the affidavit of support.

 

While filling out her affidavit of support we got stuck at the "current country of domicile" question, since the instructions say that only people domiciled in the US can be sponsors. For that reason, we got her parents as joint sponsors, just in case, since they are domiciled in the US. However, we aren't 100% sure how to answer the domicile question for my wife. If put down that her domicile is in Germany is that fine as long as we prove she is intending to re-establish domicile in the US?

 

She has been living in Europe for 2.5 years now, the last 1.5 years in Germany with her current company. Her company recently opened up an office in the US and they have agreed to transfer her to the US office once she moves there. Would a letter from her employer stating that be enough to prove that she is intending to re-establish domicile?

 

Thanks a lot, really appreciate any input!

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Every I-864 sponsor must have US domicile, or show sufficient intent to establish US domicile. This includes the primary sponsor (the petitioner) even if they have a joint sponsor.

 

It sounds like she hasn't been away for that long and a pending job offer is pretty good intent. Germany is not known to be too strict on intent IIRC.

The NVC wiki (despite your case not going through NVC since it's DCF) has other suggestions for domicile: https://www.visajourney.com/wiki/index.php/NVC_Process

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Saudi Arabia
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3 hours ago, nkk0 said:

My wife and I are getting ready to send over all of our documents to the Frankfurt consulate, including the affidavit of support.

 

While filling out her affidavit of support we got stuck at the "current country of domicile" question, since the instructions say that only people domiciled in the US can be sponsors. For that reason, we got her parents as joint sponsors, just in case, since they are domiciled in the US. However, we aren't 100% sure how to answer the domicile question for my wife. If put down that her domicile is in Germany is that fine as long as we prove she is intending to re-establish domicile in the US?

 

She has been living in Europe for 2.5 years now, the last 1.5 years in Germany with her current company. Her company recently opened up an office in the US and they have agreed to transfer her to the US office once she moves there. Would a letter from her employer stating that be enough to prove that she is intending to re-establish domicile?

 

Thanks a lot, really appreciate any input!

More than enough

If her income will continue with the same company then there is likely no need for a joint sponsor either.

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Filed: AOS (apr) Country: Philippines
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58 minutes ago, nkk0 said:

Thanks a lot, that's great to hear!

Sorry to throw a wrench in your plans but Frankfurt stopped accepting petitions on 10.31.19 as they are closing the office next month 

 

 

Edited by payxibka

YMMV

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Filed: AOS (apr) Country: Philippines
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Just now, nkk0 said:

Petition is approved, dealing with the consulate now to schedule the interview.

Good 

YMMV

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Filed: Other Country: Saudi Arabia
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1 hour ago, nkk0 said:

Thanks a lot, that's great to hear!

Some things we presented:

 

Assets in the US

US bank accounts

US credit cards

US drivers licenses/vehicle registration/insurance

 

Employment contract or offer is specifically listed however so this is one of the strongest justifications / evidence of intent to domicile.

 

The ruling of USC intent and qualification to file is made at the petition level, not the interview level.  They verify intent at the interview but if the petition is approved then you shouldn’t expect any problems with that issue.

 

good luck

Edited by Nitas_man
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12 minutes ago, Nitas_man said:

Some things we presented:

 

Assets in the US

US bank accounts

US credit cards

US drivers licenses/vehicle registration/insurance

 

Employment contract or offer is specifically listed however so this is one of the strongest justifications / evidence of intent to domicile.

 

The ruling of USC intent and qualification to file is made at the petition level, not the interview level.  They verify intent at the interview but if the petition is approved then you shouldn’t expect any problems with that issue.

 

good luck

Awesome! Thanks a lot again, really appreciate it.

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