domicile in U.S.A. while living in U.K.

[andywv 0]

Hi all ,my question is ,my U.S. wife has to prove she has a domicile in the states ,she is living in england while our uscis stuff is sorted ,how is she supposed to prove this if she is not even living there??

[Yodrak 7]

andywv,

See

9 FAM 40.41 Notes, N6 "DOMICILE"

Yodrak

Hi all ,my question is ,my U.S. wife has to prove she has a domicile in the states ,she is living in england while our uscis stuff is sorted ,how is she supposed to prove this if she is not even living there??

[YuAndDan 153]

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "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 left 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.
  

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

MORE....

http://travel.state.gov/visa/immigrants/in....html#_Domicile

Also another requirement is the US citizen needs to be filing IRS returns every year.

What does the sponsor do when he/she was not required by law to file an income tax return during a given year?

If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.

I failed to file required tax returns, what do I do, since I want to be a sponsor?

Failure to file a required income tax return does not excuse the sponsor from the requirement for tax returns as supporting documents. If a tax return should have been filed, the Affidavit of Support will not be considered sufficient until the sponsor has done so and supplied the appropriate copies for with the Form I-864, Affidavit of Support. If the income requirement cannot be met, but the sponsor claims to have under-reported his or her income, an original or amended tax return will be necessary to process the immigrant visa application to conclusion.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[justbee 0]

hi andy,

my name is bee, i was in the same boat as you, so i can tell you what i did!

i was living in wales with my hubby while sorting out our relocation to the states and his spousal visa.

i moved back to the states 2 months ago, while hubby is waiting his interview (next week!!!).

but when we started i was in wales, and put the address where i was going to be living, with a friend.

plus, i still had my bank of america account which shows i kept my ties to the us.

but if you do not have a place to live yet, i would put a parents address or a friend that will let you use their address until you get your own place.

hope this helps!

if you have ANY other questions, please feel free to write me!

good luck,

bee

[FutureAmerican 2]

We used my wife's parent's address for all the forms etc (which is where we'll be living initially anyway), and she had filed US tax returns for all the most recent years. She also had a couple of bank accounts etc in her name back in the US - we were never asked about the domicile issue, but had all the above in documented form in case it came up (she was living in the UK on an LLR - Limited Leave to Remain Visa).

[elmcitymaven 9,712]

The London Embassy is known for being less stringent than other embassies on domicile requirements, and will take all your circumstances into account. For example, showing that the USC has bank accounts in America, has re-established a US address (even if it's just at Mom and Dad's) and is taking some steps to come back to a life in America before or at the same time as the non-USC will be enough. And of course, filing tax returns is a must.

At the same time, they do tell you not to take any permanent and irrevocable steps just in case the visa is not granted. For example, get your house valued or maybe put it on the market, but don't exchange contracts. The USC could look for a job in the States but shouldn't resign theirr UK job. I hadn't lived in the States for over 11 years and had no problems at all proving re-establishment. I opened a bank account, got the Social Security Administration to send me a letter at my last known US address (my parents), got a letter from my boss stating I had stated my intention to resign IF my husband was granted a visa, backfiled 3 years of US taxes and showed emails from an employer in America that is headhunting me. I passed the test!

It is NOT 100% necessary for the USC to travel ahead from the UK, but the UKC must not travel ahead of the USC (of course, entry together is fine). Also useful is this page from the Embassy website: http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

[Cry_Tuff 0]

I just found this post..and it answers some questions that I had from a post in the UK forum I just made. I have 2 children from my previous marriage, and their father has agreed to sign papers so I may get their passports and go to the UK if need be. So, my ties to the US would be my children's father (his visitation rights)..my family...my bank account...would that be good enough? And how hard ...or how does one go about filing for a visa to the UK on a Limited Leave to Remain Visa?

I like to get all the info..nothing is definite in my case...