Lease Agreement question for intent of reestablishing of US domicile

[acidonyx 3]

Hi all! 

 

 

My husband and I (USC) both live outside of US for many years and now planning to come back.

 

My i-130 petition got approved and we are currently at NVC stage and preparing the documents to submit along with i-864.

 

I know that proving the intent to re-establish the US domicile will be the most crucial part of the interview, so we want to do it right.

 

Our friends will lend us a hand by renting their New Jersey guest house for a year to us upon our arrival to US. They could simply write a letter explaining their intent, but we've decided to go the official rote with formal Lease Agreement and all.

 

We want to submit the lease agreement to NVC now but, since the date of the interview is unknown at this point and outcome is uncertain, my question is what should we put down as a lease start date? The house will be available for us as soon as we land in US.

 

Does anyone else experienced this or have any advice?

 

From what I've gathered around the web, some people use some conditional clauses without specified start date, but I can't seem to find any templates or examples of this.

 

Thanks in advance ❤️

[Crazy Cat 41,845]

I see no requirement to specify a specific date for this lease.  "lease to begin 3 days after arrival in the US"......or something similar should be sufficient. 

[JeanneAdil 6,498]

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos20

What does domicile mean?

Domicile is the place where a sponsor has his or her principal “residence” with the intention to maintain that residence for the foreseeable future.  To qualify as a financial sponsor, a petitioner must be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States. 

 

 

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.

[acidonyx 3]

3 minutes ago, JeanneAdil said:

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos20

What does domicile mean?

Domicile is the place where a sponsor has his or her principal “residence” with the intention to maintain that residence for the foreseeable future.  To qualify as a financial sponsor, a petitioner must be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States. 

 

 

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.

Yes, I am aware of this and i-864 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf) state similar:

 

"If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply: 3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.".

 

As far as I know, getting a Lease Agreement is one of the most critical concrete steps showing the intent to reestablish the domicile along with securing a US Job among other things. 

 

We haven't spent a day apart for the past 7 years of marriage and are intending to fly together to US so fingers crossed   

[JeanneAdil 6,498]

i believe from reading past post,  you have to come back to the US before him  

i stand corrected if wrong as i did not experience this and could not find it on USCIS site and it may say on other online places but i tend not to trust them

but others will chime in with that info

[acidonyx 3]

No worries, the link in my previous post is from USCIS site and I did read many other contradicting things regarding it too, that's why I take preparations for meeting the requirements for showing the intent to re-establish US domicile very serious. I have a list of many other documents lined up and ready to attach, it is just the wording part of the lease agreement is what I am was not sure about.