Reestablishing Domicile Questions

[NotAFish 11]

I have created a letter to show the NVC that I intend to reestablish US domicile and return to the USA, can you please tell me if it appears that it would satisfy the requirements?

 

Also, should I create one PDF with the letter and all supporting documents together, or separate the supporting documents into their own PDF files and upload them seperately?

 

Quote

NVC Case Number:  XXX

NAME

SOCIAL SECURITY NUMBER: XXX

Form I-864 

Part 4, Question 5: Country of Domicile 

 
I, XXX, am currently residing in Vietnam with my spouse, XXX. Below you will find a list of attached documents and the steps that I have taken to show that I intend to reestablish my domicile to the USA. 

 
Steps I have taken to reestablish my US Domicile and return to the US to take up residence: 

• Maintained my Mastercard credit card registered in the US 

• Maintained my bank account at the XXX Credit Union 

• Renewed my Michigan driver’s license 

• Maintained my US home ownership 

• Maintained my State of Maryland PROFESSIONAL license 

 
Supporting Documents for the above steps I have taken: 

• Mastercard credit card statement showing US billing address 

• XXX Credit Union statement showing permanent US address 

• Michigan driver’s license showing permanent US address 

• 1098 Form showing ownership of our house in Maryland 

• Web retrieval of proof of current Maryland PROFESSIONAL license 

 
I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US. 

 

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct. 

 

Thank you!

Edited June 13, 2020 by NotAFish

[Punisher 40]

22 hours ago, NotAFish said:

I have created a letter to show the NVC that I intend to reestablish US domicile and return to the USA, can you please tell me if it appears that it would satisfy the requirements?

 

Also, should I create one PDF with the letter and all supporting documents together, or separate the supporting documents into their own PDF files and upload them seperately?

 

 

Thank you!

You have to show proof that you will "reestablish" domicile in US only if you don't have it already.

 

If your stay abroad is temporary in nature and you can prove that you have strong connections to US (like you do) then you meet the criteria of being domiciled.

 

Based on what you presented you already ARE DOMICILED IN US, so you meet the criteria of domicile and by definition you can't (and don't need to) "reestablish" something you have.

 

A few things though:

1. make sure you correctly fill 864 box that you are domiciled in US.

2. proof of property is better done by copy of deed etc, can be done from county website etc. Filed tax document is not a real proof of property ownership, it's what you claim.

3. you could add 1-2 very simple lines that say you are abroad temporarily and why. 

 

By the way, I often saw incorrect advise given on forums: if you are already domiciled in US (even though temporarily staying abroad) then you do not have the requirement to return to US with or before intending immigrant does. 

Edited June 14, 2020 by Punisher

[NotAFish 11]

2 hours ago, Punisher said:

You have to show proof that you will "reestablish" domicile in US only if you don't have it already.

 

If your stay abroad is temporary in nature and you can prove that you have strong connections to US (like you do) then you meet the criteria of being domiciled.

 

Based on what you presented you already ARE DOMICILED IN US, so you meet the criteria of domicile and by definition you can't (and don't need to) "reestablish" something you have.

 

A few things though:

1. make sure you correctly fill 864 box that you are domiciled in US.

2. proof of property is better done by copy of deed etc, can be done from county website etc. Filed tax document is not a real proof of property ownership, it's what you claim.

3. you could add 1-2 very simple lines that say you are abroad temporarily and why. 

 

By the way, I often saw incorrect advise given on forums: if you are already domiciled in US (even though temporarily staying abroad) then you do not have the requirement to return to US with or before intending immigrant does. 

Thanks very much!

 

Would this hold true considering I have been living outside of the USA for almost 10 years?

 

I also have a 'green card' here in Vietnam based on my marriage to my Vietnamese spouse.  Would this impact your assessment?

 

Finally, the 1098 is what my mortgage company gives me, not a tax document I fill out.  Does this change your view on that?

 

Again, thanks!

[Punisher 40]

52 minutes ago, NotAFish said:

Thanks very much!

 

Would this hold true considering I have been living outside of the USA for almost 10 years?

 

I also have a 'green card' here in Vietnam based on my marriage to my Vietnamese spouse.  Would this impact your assessment?

 

Finally, the 1098 is what my mortgage company gives me, not a tax document I fill out.  Does this change your view on that?

 

Again, thanks!

actually being "legal" in a foreign country is expected by USCIS so having Vietnam's issued 'green card" is fine for that. 

 

as far as 1098, if that is the only thing you can get then you have no other choice, after all it should be one of many documents you present to make your domicile case.

However, by definition, finance company is not the one that issues and records property ownership documents, neither can change ownership records etc, this is done by the courts usually.

Have you looked at your County Clerk of Court's website? A lot of records are public and free to access, you may be able to pull copy of the deed from there. Give it a try.

 

10 years is quite a lot but then again there is no time limit that decides what is no longer US domicile.

I guess it would be judged more on the circumstances. If, for example, your spouse was removed (or fiance, and you got marrried soon after removal), you followed her there and you have been staying there until her inadmissibility passes, then that would be a good explanation. After all, if spouse is inadmissible, one of the reasons you have to overcome "extreme" hardship to get a waiver is because normal stay abroad with your spouse is to be expected and considered not or at best regular hardship. In other words they expect you to temporarily join spouse abroad and that means you wouldn't be abandoning your domicile in US, which seems you already have a good proof of. Paying your US taxes is an obligation but if you have been doing so since you left US, then that's another argument in your domicile case.

 

Given your circumstances, even IF you assumed (worst case) you currently have no US domicile then there is not that much more (besides what you already have) you can prove that you will "reestablish" domicile besides adding typical signed statement that you will return to US no later than your spouse's entry. After all you you already have US home, bank, credit card, prof license.

Edited June 14, 2020 by Punisher

[NotAFish 11]

2 minutes ago, Punisher said:

actually being "legal" in a foreign country is expected by USCIS so having Vietnam's issued 'green card" is fine for that. 

 

as far as 1098, if that is the only thing you can get then you have no other choice, after all it should be one of many documents you present to make your domicile case.

However, by definition, finance company is not the one that issues and records property ownership documents, neither can change ownership records etc, this is done by the courts usually.

Have you looked at your County Clerk of Court's website? A lot of records are public and free to access, you may be able to pull copy of the deed from there. Give it a try.

 

10 years is quite a lot but then again there is no time limit that decides what is no longer US domicile.

I guess it would be judged more on the circumstances. If, for example, your spouse was removed (or fiance, and you got marrried soon after removal), you followed her there and you have been staying there until her inadmissibility passes, then that would be a good explanation. After all, if spouse is inadmissible, one of the reasons you have to overcome "extreme" hardship to get a waiver is because normal stay abroad with your spouse is to be expected and considered not or at best regular hardship. In other words they expect you to temporarily join spouse abroad and that means you wouldn't be abandoning your domicile in US, which seems you already have a good proof of. Paying your US taxes is an obligation but if you have been doing so since you left US, then that's another argument in your domicile case.

 

Given your circumstances, even IF you assumed (worst case) you currently have no US domicile then there is not that much more (besides what you already have) you can prove that you will "reestablish" domicile besides adding typical signed statement that you will return to US no later than your spouse's entry. After all you you already have US home, bank, credit card, prof license.

Thanks very much.  I originally left the US to work with the US government in Japan (1 year DoD contractor, then 1 year GS), after 2 years of that I had a small business in Japan for about 2 more years, and following that I have spent the last 3 years in Vietnam doing volunteer work and working online for my paid work having opened a US LLC (but the LLC doesn't have my name on it because I opened it online through an agency).  So a total of about 7 years with 2 of those years working for the US government or a contracting agency.  Nothing like my spouse being removed, I met her a few years ago here in Vietnam and we got married about 2 years and 4 months ago.  Now we would like to go to the USA to start a family where we feel more comfortable about the education system, food safety, and healthcare.

 

I looked on my county's website and I was able to pull a PDF of the information about my property in the USA using the Real Property Data Search from Maryland Department of Assessments and Taxation, but not an actual deed.  

 

Do you feel this satisfies the requirements as domiciled in the USA?

[Punisher 40]

5 minutes ago, NotAFish said:

Thanks very much.  I originally left the US to work with the US government in Japan (1 year DoD contractor, then 1 year GS), after 2 years of that I had a small business in Japan for about 2 more years, and following that I have spent the last 3 years in Vietnam doing volunteer work and working online for my paid work having opened a US LLC (but the LLC doesn't have my name on it because I opened it online through an agency).  So a total of about 7 years with 2 of those years working for the US government or a contracting agency.  Nothing like my spouse being removed, I met her a few years ago here in Vietnam and we got married about 2 years and 4 months ago.  Now we would like to go to the USA to start a family where we feel more comfortable about the education system, food safety, and healthcare.

 

I looked on my county's website and I was able to pull a PDF of the information about my property in the USA using the Real Property Data Search from Maryland Department of Assessments and Taxation, but not an actual deed.  

 

Do you feel this satisfies the requirements as domiciled in the USA?

I'm sure you can pull your last property tax bill from the same website. As far as the copy of the deed etc these are usually on County Clerk of Court website. 

 

Again, seems to me that you will have no problem meeting domicile requirement. However, you may want to add that signed statement I mentioned about in my previous post. Not much more you can or would be (IMHO) expected to do. Keep in mind though about what I said regarding US taxes throughout whole that time.

[NotAFish 11]

3 minutes ago, Punisher said:

I'm sure you can pull your last property tax bill from the same website. As far as the copy of the deed etc these are usually on County Clerk of Court website. 

 

Again, seems to me that you will have no problem meeting domicile requirement. However, you may want to add that signed statement I mentioned about in my previous post. Not much more you can or would be (IMHO) expected to do. Keep in mind though about what I said regarding US taxes throughout whole that time.

Yes, I've paid my taxes the entire time, though FEIE.

 

Much appreciated!