Proof of Domicile (Petitioner living abroad)

[pinetime 0]

Hello,

 

NVC has requested additional support documentation.

 

"I" (the petitioner) might not have principal residence of be domiciled in the United States. Please provide proof of domicile. (I have been living in Japan since 04/01/18)

 

NVC timeline:

 

11/08/19 - First submit to NVC

11/26/19 - NVC requests proof of domicile and 2018 taxes (or reasoning for not filing in 2018)

11/27/19 - Submitted my drivers license and passport as proof of domicile. (also provide reasoning for not filing taxes in 2018.)

01/28/19 - NVC requests support documentation. "I (the petitioner) might not have principal residence or be domiciled in the United States. 

 

I am self employed, and used my family for I-864 income support. Currently I live in Japan with my spouse, we are planning to move to the U.S. once her Visa is approved. 

 

Additional documents I'm thinking to provide:

 

** Car ownership (with update registration and proof of insurance of the last 2 years)

** Credit card accounts with the same address as my drivers license

** Bank accounts with the same address as my drivers license 

** Passport stamps that shows me coming back into the U.S. 4 times since leaving 

** A signed letter stating my intent to move with my spouse once the Visa is approved 

 

Questions:

 

Will this new information be enough to prove domicile?

 

After submitting, will we have to wait the entire 8 weeks again to be reviewed?

 

ANY and ALL help would be very very much appreciated. We did not anticipate this problem occurring, we thought we were in line for an interview date. It's pretty disheartening after over 8 weeks you get a tiny email that says "give us more" with no specificity in which to provide. 

 

 

 

 

Edited January 29, 2020 by pinetime
Wrong photo attachment

[pinetime 0]

Hello, 

 

I have been requested additional documentation by the NVC as follows:

 

Additional support documentation is required. (I, the petitioner) might not have principal residence or be domiciled in the United States, please provide proof of domicile. 

 

NVC Timeline

 

11/08/19  First submittal to NVC

11/26/19  NVC requests proof of domicile and 2018 taxes (or reasoning for not filing) 

11/27/19 Submitted *current* US drivers license and US passport, as well as reasoning for not filing taxes in 2018. 

01/28/20 NVC requests additional proof of domicile from me (the petitioner) 

 

My family co-sponsored the financial portion of the I-864. Currently living in Japan with my spouse, waiting to be approved and then move to the U.S. after. (As is why they are asking for proof of domicile I guess?)

 

Additional documents I'm thinking to provide:

 

** Car ownership (with updated registration and proof of insurance of the last 2 years)

** Credit card accounts with the same address as my drivers license

** Bank accounts with the same address as my drivers license 

** Passport stamps that shows me coming back into the U.S. 4 times since leaving 

** A signed letter stating my intent to move with my spouse once the Visa is approved 

 

Questions:

 

Looking for advice on which specific documents to provide as proof of domicile. (I don't want to get this wrong again)

 

After submitting, will we have to wait the entire 8 weeks again to be reviewed? Anyway to speedup the process, we have been at the NVC level for 3 months now. 

 

ANY and ALL help would be very very much appreciated. We did not anticipate this problem occurring, we thought we were in line for an interview date. It's pretty disheartening after over 8 weeks you get a tiny email that says "give us more" with no specificity in which to provide. 

 

 

[Dashinka 24,848]

This may be helpful.

 

Good Luck!

 

https://www.nolo.com/legal-encyclopedia/how-overseas-us-citizen-proves-us-domicile-form-i-864-sponsorship.html

[TheChheavFamily 135]

I am the US Citizen currently living and working overseas and petitioning for my spouse. 
 

I sent these to the NVC - 

 

letter from my US based employer stating that my job is transferring me to the US 

 

my son’s US school registration forms

 

bank statements from the last few months with US based bank and US address. 
 

letter signed that I will be returning to the US concurrently with my spouse when his visa is approved 

 

application and approval with deposit confirmation for an apartment in the US with both mine and my spouse’s names 

 

I tried my best to follow - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

for keeping domicile and establishing domicile 

 

I was DQ this week with the exception of my Income, the NVC said they could not make a determination on my income and will forward to the embassy for the decision to approve or reject. 

 

 

 

 

[pinetime 0]

Thank you for the reply, I've actually read this link and a few others. 

 

Unfortunately these lists appear to be rather ambiguous in their definitions of proving domicile. I provided a current drivers license with a permanent mailing address on the first submittal. 

 

Long story short, I'm just trying to be extremely clear on which documents to send considering it can take another 8 weeks to even look at them.

[TheChheavFamily 135]

The key that they want is “concrete steps” meaning things that you’ve done to re-establish yourself in the US from the foreign country that makes it difficult to go back and change your mind. 
 

 

[pinetime 0]

@ TheChheavFamily

 

Thank you for your reply. Unfortunately I am self employed, showing a job will be difficult for me. I used my parents to Joint sponsor the financial portion, so far they have not rejected that part. We also do not have any kids. 

 

Do you remember how long it took for them to view your document support? It's really disheartening if we truly end up back at the end of the line after waiting 8 weeks to say "give us more info"

[TheChheavFamily 135]

Just now, pinetime said:

@ TheChheavFamily

 

Thank you for your reply. Unfortunately I am self employed, showing a job will be difficult for me. I used my parents to Joint sponsor the financial portion, so far they have not rejected that part. We also do not have any kids. 

 

Do you remember how long it took for them to view your document support? It's really disheartening if we truly end up back at the end of the line after waiting 8 weeks to say "give us more info"

It took from November 27-January 27. 
I uploaded as much as I could possibly think of to show that I was making concrete steps to prove that I was moving back to the US. 

 

[TheChheavFamily 135]

One more thing, when I wrote the letter I added a bulleted list of the things that had done to prove that I was making concrete steps. I had always kept my driver license and my mailing address so I didn’t add that info. I added new things that showed I was working on going back just like I had to do things or make changes in my life to move myself and my son overseas 8 years ago. 
 

Oh, and the supporting documents to prove it.  

Edited January 29, 2020 by TheChheavFamily
Added info

[pinetime 0]

5 minutes ago, TheChheavFamily said:

One more thing, when I wrote the letter I added a bulleted list of the things that had done to prove that I was making concrete steps. I had always kept my driver license and my mailing address so I didn’t add that info. I added new things that showed I was working on going back just like I had to do things or make changes in my life to move myself and my son overseas 8 years ago. 
 

 

Thank you for the additional information. It sounds like you are building a "plausible" story to re-establish domicile. This is very helpful. Unfortunately the US government has a harder time believing self employed people with no kids. More reasons for us to just run away again I guess lol

Edited January 29, 2020 by pinetime
more info.

[TheChheavFamily 135]

Not just a story, at this point I’ll be out a lot of money, including out of a job if I don’t go back! My son already left last year to go back and it would be near impossible for me to get him

back here with me after he’s tasted being back in the US. 

Don’t forget to upload the proof to go along with the steps you’ve taken. 
 

You can also try calling the NVC and see if you can speak with a supervisor to see what it is that you’re lacking if you’re unable to provide more documents. 

[pinetime 0]

Currently on hold with the NVC as I write this message. Thanks again. 

[carmel34 3,657]

Another option is for you to move to the US before your spouse, to get a job in the US and establish a domicile in the US.  It means some months living apart, but if it helps for the visa approval, it may be worth it.  Many other couples have done this.  Good luck!

[canadavisa22 202]

4 hours ago, pinetime said:

Thank you for the reply, I've actually read this link and a few others. 

 

Unfortunately these lists appear to be rather ambiguous in their definitions of proving domicile. I provided a current drivers license with a permanent mailing address on the first submittal. 

 

Long story short, I'm just trying to be extremely clear on which documents to send considering it can take another 8 weeks to even look at them.

The problem is you're trying to prove you already live in the US when you clearly don't. 

You need to show your intent to "re-establish domicile". You can very easily do things like keep a driver's license active or keep your name on a bill with a permanent address, but embassies want to see proof of you actually living in the US or intending to.

 

That means normally one of two things - housing or a job. Sign a formal lease with your mom for a date in the future and submit that. That shows proof that you intend to return to the US before your spouse receives their visa. That should get you through the NVC stage.

 

Then, if you feel like you want to have additional proof you can move back to the US about a month before the interview and provide things that show you HAVE re-domiciled. Voter registration cards, a cell phone contract with a permanent mailing address, or utilities etc. 

 

NVC wants to see that you intend to return to the US. The main issue is you're saying that you already are there when it's clear that you live in Japan. I hope you understand the difference because it's often miscommunicated and misunderstood on the forums.

Edited January 29, 2020 by canadavisa22

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.