Am I able to prove intent of domicile? Too soon to file I-864?

[ztiberiusd 38]

I'm a USC born and raised in New Zealand. My wife's I-130 application has just switched to "actively reviewing" so I'm expecting NOA2 any day now and as such, trying to get everything organized to make NVC as smooth as possible. 

 

I'm still living in New Zealand until I finish my college degree in November. My wife is also in college and we'll both finish at the same time. I'll move immediately after finishing my degree and hopefully (with a joint sponsor) my wife will be able to move shortly after me. 

 

As soon as the case moves to NVC I will pay the fees for AOS and IV and complete DS-260. I wouldn't complete I-864 until I arrange a Joint Sponsor, but when I do, will this be enough to prove intent to establish domicile? 

 

• I registered to vote as soon as I was eligible and have voted in every federal and state election that I've been able to. 
• I have a permanent mailing address I use in the U.S. which is where I will initially reside when I live there. It is owned by a close family friend. Would it be worth getting him to write an affidavit stating that he was happy for me to live there, in place of a lease agreement? 
• I have an SSN. 
• I've filed U.S. taxes for 2020 but not for previous years as my income was too low. 

 

Would the above qualify as proof that I intend in good faith to establish domicile in the US before my wife would get there? Keeping in mind we are applying from a low-fraud country. Otherwise, is there anything else I could do to solidify this case, short of actually moving to the US? 

 

In the case we are unable to get a joint sponsor, if I move alone first and are employed in the US from December onwards, I'll file 2021 taxes which will have minimal U.S. income on it. Then, how long would I have to wait before having sufficient evidence to submit for the I-864 to sponsor alone? And is it okay to complete DS-260 in April 2021 and not complete I-864 until April 2022 or later? 

 

Thanks in advance. 

[Sammy.NZ 45]

Hi,

I think what is required or deemed acceptable evidence is determined case by case so depends on your case officer but from what I've read I'd expect to provide more than that. Especially since it sounds like you haven't lived in the US since you were born. I'm in a similar boat, USC but have lived in NZ the last 4 yrs with my kiwi partner and although I've kept a permanent address in the US, voted in every federal and local election, and visit the US often - I've been told I should expect to provide evidence of establishing domicile. A letter from the homeowner of where you intend to live is a good start.

From what I've read evidence of this typically looks like:

Evidence you've set up bank accounts / credit cards / transferred your assets

A rental agreement or mortgage

A job offer or letter from future employer

Registering kids in local schools

Car lease / or ownership 

 

Alternatively, if you decide to move over before your wife and establish yourself in the U.S. before she arrives they probably won't require as much of this as you being there is enough proof.

I'm not at this stage in my process yet but from what I read and what I was told during a brief consultation with an immigration lawyer - this is what I'm expecting. 

 

 

Can I ask if you've received approval of your I-130 yet?

Our I-130 application switched to "actively reviewing" status as of April 9th so curious if you've heard back by now or are still waiting?

 

Cheers

 

[pushbrk 12,883]

It's often enough to simply provide a letter explaining your intentions, including details of any plans/addresses.  

[ztiberiusd 38]

4 hours ago, Sammy.NZ said:

Hi,

I think what is required or deemed acceptable evidence is determined case by case so depends on your case officer but from what I've read I'd expect to provide more than that. Especially since it sounds like you haven't lived in the US since you were born. I'm in a similar boat, USC but have lived in NZ the last 4 yrs with my kiwi partner and although I've kept a permanent address in the US, voted in every federal and local election, and visit the US often - I've been told I should expect to provide evidence of establishing domicile. A letter from the homeowner of where you intend to live is a good start.

From what I've read evidence of this typically looks like:

Evidence you've set up bank accounts / credit cards / transferred your assets

A rental agreement or mortgage

A job offer or letter from future employer

Registering kids in local schools

Car lease / or ownership 

I appreciate the advice, but from the research I've done I'm not so sure that the information you've provided is true. I will have a letter from the homeowner for where I'll live, and I have set up bank accounts and transferred some assets already. I am quite confident that I will be able to prove intent of domicile based on the criteria provided by the NVC website. Additionally, I don't think proving domicile is as big of a priority on the I-864 as some make it out to be. If you have all the appropriate financial information and meet all the requirements, on show reasonable intent to domicile with as much evidence as you can possibly give for your situation, I doubt the CO would reject your case. Again, this is just based off what I've read.

 

4 hours ago, Sammy.NZ said:

I'm not at this stage in my process yet but from what I read and what I was told during a brief consultation with an immigration lawyer - this is what I'm expecting. 

In many cases, you may find that the experienced members on here know more than many immigration lawyers. I've lost count of the amount of times that people have been misinformed by their immigration lawyers.

 

4 hours ago, Sammy.NZ said:

Can I ask if you've received approval of your I-130 yet?

Our I-130 application switched to "actively reviewing" status as of April 9th so curious if you've heard back by now or are still waiting?

Yes, we received approval on April 2nd. If I were you, I would expect approval any day now. 

[pushbrk 12,883]

Please note that "I've been told" and "I have read" are notoriously unreliable sources of information on pretty much any subject.

 

Each case is different, but how much domicile related evidence is needed depends on many factors including the Country.  I would be giving totally different advice for a Canada case.