Living abroad & the Affidavit of Support

[Alexsea 45]

Hi all!

 

Really hoping for some advice from this wonderful community! 😊

 

I'm currently working on the NVC documents, specifically the Affidavit of Support for my husband (I'm a US citizen).

 

I moved to Europe on a student visa for 3 years, and then got changed over to a resident card after that. I've been working here in Europe as a resident the last 4 years. 

 

During these 4 years, I was employed by a US company for a year, but the other 3 years (including current job) have been with EU companies.

 

I have voted in my state elections (not every year but a couple times), have a permanent address and two bank accounts in the US. I have renewed my driver's license once since living abroad and I have visited at least 2-3 times a year since I left. I also still receive mail regarding my 401k (and other things), and I file taxes every year (though I never have to pay due to living abroad and dual taxation laws).

 

I don't know if this counts as being "domiciled" in the US or not. If not, is this enough to at least prove that my intent is and always has been to return to the US? We are planning to move as soon as we get the green light for my husband.

 

Does anyone have any experience with this? Should I get an immigration lawyer for this part of the process? So far, for the USCIS part, we have just done it on our own.

 

Thank you all!!

[Alexsea 45]

Just to add - my parents will joint sponsor with me, and they of course are domiciled in the US and have been all their lives. Does that make a difference, or is it ME THE SPONSOR (spouse) who has to comply with the domicile? 

 

Finally, I may have posted this on the wrong forum. Feel free to move! 😬

[givionte 138]

If you live overseas, no, you can't be domiciled in the US.  But what can be done is you can prepare a statement that says you intend to domicile on or before the date of your husband's admission into the USA. I actually wrote a similar formal note like this on the I-864 addendum page, and on country of domicile I wrote to see the notes. That's generally sufficient, assuming you have a worthy joint sponsor lined up.  If you will be living with someone else, such as the joint sponsor, you may also wish to include a letter from them stating your intentions to domicile with them.  Otherwise, bring some proof you absolutely intend to move back to the US, as you mentioned you have, bank statements, dl license renewals, recent voting records, etc. Anything that proves your intention is helpful.

[Alexsea 45]

Great, thanks for the reply!! We will be moving in with our joint sponsors, at least temporarily while we look for our own place. It's also the same address where I receive all my voter's ballot, all of my mail, the address on my driver's license, etc. Thanks again!

[NikLR 13,227]

~~removed duplicate topic without answers. Please post only once per topic as per the TOS.~~

[Nitas_man 3,100]

13 hours ago, Alexsea said:

Hi all!

 

Really hoping for some advice from this wonderful community! 😊

 

I'm currently working on the NVC documents, specifically the Affidavit of Support for my husband (I'm a US citizen).

 

I moved to Europe on a student visa for 3 years, and then got changed over to a resident card after that. I've been working here in Europe as a resident the last 4 years. 

 

During these 4 years, I was employed by a US company for a year, but the other 3 years (including current job) have been with EU companies.

 

I have voted in my state elections (not every year but a couple times), have a permanent address and two bank accounts in the US. I have renewed my driver's license once since living abroad and I have visited at least 2-3 times a year since I left. I also still receive mail regarding my 401k (and other things), and I file taxes every year (though I never have to pay due to living abroad and dual taxation laws).

 

I don't know if this counts as being "domiciled" in the US or not. If not, is this enough to at least prove that my intent is and always has been to return to the US? We are planning to move as soon as we get the green light for my husband.

 

Does anyone have any experience with this? Should I get an immigration lawyer for this part of the process? So far, for the USCIS part, we have just done it on our own.

 

Thank you all!!

We have a little experience LOL
You have enough.  It is incorrect that you cannot maintain US domicile and still live/work overseas.

Your permanent address:  US address, your physical address:  Overseas address.

You do not need a letter.  If asked, your bank statements, drivers license, credit cards if you have one, voter registration etc will suffice.

A ruling was made for Nita that she/we satisfactorily maintained US domicile for (4) years working overseas.  DCF in 2011 (returning overseas) was much easier with similar documentation.

 

Edited April 5, 2020 by Nitas_man