US Domicile

[Ozii 0]

Hey everyone,

My name is Azad Ismail, i am the petitioner and my spouse is the beneficiary. I am at the NVC stage and i recently submitted all my forms. All forms which were submitted got accepted. My forms, my joint sponsors and my spouses. The only form which was rejected due to non-clarity was my proof of US domicile. I have been living abroad for about 6 years and have been married for 3. I have been living abroad temporarily and still consider the US my permanent home. I hold US bank accounts and renewed my drivers license last year with my new physical address (my mom and dads house).  My mom and dad recently moved 2-3 months ago. I received a message from NVC that stated Azad might not have a principal residence or be domiciled in the United States. Please submit proof of domicile. I Submitted my drivers license. What should i do? Thank you guys so much, youre always helpful. Mad love!

 

Azad

[Lucky2Lucky 2,526]

Just a drivers license isn’t enough proof. Submit your last 3 tax transcripts as well as your bank statements. 

[Ozii 0]

3 minutes ago, Luckycuds said:

Just a drivers license isn’t enough proof. Submit your last 3 tax transcripts as well as your bank statements. 

I have been unemployed. No tax returns. I wrote an official letter saying that where it requested my tax returns and it got accepted.

[Ozii 0]

3 minutes ago, Azad Ismail said:

I have been unemployed. No tax returns. I wrote an official letter saying that where it requested my tax returns and it got accepted.

My joint sponsor met all the requirements without me having an income and it got accepted aswell. What should i do?

[Lucky2Lucky 2,526]

9 minutes ago, Azad Ismail said:

My joint sponsor met all the requirements without me having an income and it got accepted aswell. What should i do?

Meeting the financial requirements is only one part. You also have to show domicile. You can always move to the US to establish domicile...it is common for people to do..move, get a job, bank/savings account, etc. A drivers license alone does not show/prove domicile. The whole point is family reunification and if you can’t show you have maintained domicile in the US then where is the Reunification ? IMO 🤷🏻‍♀️ You can’t prove what you don’t have.. you need domicile proof 

[Lucky2Lucky 2,526]

From USCIS -

Can a sponsor maintain U.S. domicile while living abroad temporarily?

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she departed the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

Examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained a domicile in the United States may include:

• A voting record in the United States
• Records of paying U.S. state or local taxes
• Having property in the United States
• Maintaining bank or investment accounts in the United States
• Having a permanent mailing address in the United States
• Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

How can a financial petitioner establish a domicile?

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

• Opening a bank account
• Transferring funds to the United States
• Making investments in the United States
• Seeking employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Applying for a Social Security number
• Voting in local, State, or Federal elections

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html

Edited October 7, 2020 by Luckycuds

[Ozii 0]

4 minutes ago, Luckycuds said:

Meeting the financial requirements is only one part. You also have to show domicile. You can always move to the US to establish domicile...it is common for people to do..move, get a job, bank/savings account, etc. A drivers license alone does not show/prove domicile. The whole point is family reunification and if you can’t show you have maintained domicile in the US then where is the Reunification ? IMO 🤷🏻‍♀️ You can’t prove what you don’t have.. you need domicile proof 

Ive been living with my wife abroad, were waiting to go back to the states and settle in. So i have to leave her, go back, establish domicile, then come back to Erbil, then go to UAE for the Interview and then go back to the states? There has to be an easier way to prove domicile. I have mail that comes to my mom and dads house under my name, i have a bank account....

[Ozii 0]

2 hours ago, Azad Ismail said:

Ive been living with my wife abroad, were waiting to go back to the states and settle in. So i have to leave her, go back, establish domicile, then come back to Erbil, then go to UAE for the Interview and then go back to the states? There has to be an easier way to prove domicile. I have mail that comes to my mom and dads house under my name, i have a bank account....

I just watched some Youtube Videos online in reference to this issue. Theyre all saying that now that im at the NVC stage and NVC is having issues proving my domicile that i should go back to the states, physically be there till my wife arrives. Is this really the only for sure way to do it?

[Lucky2Lucky 2,526]

51 minutes ago, Azad Ismail said:

I just watched some Youtube Videos online in reference to this issue. Theyre all saying that now that im at the NVC stage and NVC is having issues proving my domicile that i should go back to the states, physically be there till my wife arrives. Is this really the only for sure way to do it?

If you had kept domicile this whole time you wouldn’t have this issue. I don’t know anyone who can’t afford to work for 6 years. If you worked and filed taxes you may not have had this issue- or if you owned property in the US, etc. In reference to your previous post yes, most people have to have separation from their family during immigration. You will not need to go back to urbil/uae- you wife attends the interview herself. 

[Ozii 0]

5 minutes ago, Luckycuds said:

If you had kept domicile this whole time you wouldn’t have this issue. I don’t know anyone who can’t afford to work for 6 years. If you worked and filed taxes you may not have had this issue- or if you owned property in the US, etc. In reference to your previous post yes, most people have to have separation from their family during immigration. You will not need to go back to urbil/uae- you wife attends the interview herself. 

Ive only been unemployed since 2018, i didn't have to file taxes between 2014-2017 because my income was below the filing threshold.

[carmel34 3,633]

4 hours ago, Azad Ismail said:

I have been living abroad for about 6 years

Some embassies/consulates are more strict than others at enforcing "US domicile," or "intent to re-establish US domicile."  You have been living abroad for 6 years, so they may look closely at your situation.  Some have been successful by showing documents like a lease, job offer, etc. in the US.  Be prepared to move to the US before your spouse if necessary.  Good luck!

[Ozii 0]

26 minutes ago, carmel34 said:

Some embassies/consulates are more strict than others at enforcing "US domicile," or "intent to re-establish US domicile."  You have been living abroad for 6 years, so they may look closely at your situation.  Some have been successful by showing documents like a lease, job offer, etc. in the US.  Be prepared to move to the US before your spouse if necessary.  Good luck!

So its NVC thats asking for the domicile proof. Ya sounds like im going to have to move back to the US. The purpose is for family reunification like Luckycuds said.

[JFH 12,190]

3 hours ago, Azad Ismail said:

Ive only been unemployed since 2018, i didn't have to file taxes between 2014-2017 because my income was below the filing threshold.

I hope you will be more honest with the NVC and the embassy. You previously claimed to have been working up until last year (2019) but hadn’t filed tax returns and that  you were going to file late returns to bring them up to date. 
 

 

 

[aaron2020 11,651]

You have a giant domicile issue.

 

Even though you consider the US your permanent home, that is not enough to prove domicile.  You've been living abroad for 6 years.  

 

A domicile is a home (house) that you leave with the intent to return to after a brief absence.  Your parents just moved to a new home and gave up their old home.  You can't use their new home as your domicile since you've never lived there.  You can't use their old home as your domicile since they no longer live there.

Your only real solution is to come back and establish a new domicile.

Immigration often involves separation.  Sometimes there is no way to avoid it.  
 

[Ozii 0]

3 hours ago, JFH said:

I hope you will be more honest with the NVC and the embassy. You previously claimed to have been working up until last year (2019) but hadn’t filed tax returns and that  you were going to file late returns to bring them up to date. 
 

Yah, sorry. I have employment paperwork that shows that i worked from 2014-2017. But stopped working from 2018-now. As far as my tax returns go, i contacted my parents CPA and she told me that i would  not have to file for those years because my income didn't exceed the minimum filing threshold, so i didnt file.