Proof to reestablish domicile - good enough?

[Bill Hamze 89]

Case at NVC. AOS & IV Fees paid yesterday. Living abroad in Vietnam with spouse and child.

 

I'm putting together a letter and a bunch of documents showing proof of my intent to reestablish domicile. 

 

Although I've maintained a driver's license, bank accounts, credit cards, voter registration, filed tax returns and all that, I'm putting together some documents to show I'm serious about moving back:

 

- Auto insurance quotes

- A print out of cars I'm interested in buying along with their Kelley Blue Book values

- Email confirmation that I opened a new healthcare.gov account

- Shipping estimates for sending possessions to the U.S. (along with excess baggage fee schedules from airlines if I choose to go that route instead)

- Brief email exchanges with daycare centers for the little one

- Print outs of a few apartment rental choices (with monthly rent, floor plans, amenities, etc) in the locations we want to live

 

There may be a couple of potential weaknesses, though:

 

1. I'm not applying for jobs because I have my own business (and I have the papers to back it up, too). 

 

2. I haven't made an 'official' agreement to rent from either my mother or sister, because I see it as an informal "stay at your place until we find our own" thing. We're also considering staying with my mom for a few months first (so she could get her baby time in with my daughter, they haven't had a chance to meet each other because of covid)... and THEN move to Texas where my domicile is going to be.

 

Despite this, would the documents I already have be good enough to "reestablish" domicile in the eyes of NVC and consulate? 

Edited July 17, 2021 by Bill Hamze

[seekingthetruth 1,246]

I think you are in good shape.  I am doing the same.  Where are you headed in Texas?

 

Is your child a USC already?  I think that helps a bit.

 

My main letter is titled "Declaration of Intent to Re-establish U.S. Domicile".  I may be a bit longwinded and a bit of overkill, but I give a lot of info, starting with the background of why I was living in the Philippines, my family and why we are moving to the U.S. now.  Then other paragraphs about some of the other stuff you mentioned.

 

I don't have your problem with the job because I am retired, but if I were you I would include details about your work and how it is portable.

 

For the rent or a place to live, just explain things as they are, when making your document.  On a few things, I noted that updated information can be provided at the time of interview.  Right now, I don't know where we will live, and there are many USC in our shoes who do not know exactly where they will live.

 

 

[Bill Hamze 89]

Nice tips, thanks @seekingthetruth! I’ll definitely add some more details to my declaration letter like you have. 
 

Yes, my child is a USC as well as Vietnamese citizen. We did her CRBA not too long ago and now have her US passport in hand. 

[0580nvc 4]

8 hours ago, Bill Hamze said:

Case at NVC. AOS & IV Fees paid yesterday. Living abroad in Vietnam with spouse and child.

 

I'm putting together a letter and a bunch of documents showing proof of my intent to reestablish domicile. 

 

Although I've maintained a driver's license, bank accounts, credit cards, voter registration, filed tax returns and all that, I'm putting together some documents to show I'm serious about moving back:

 

- Auto insurance quotes

- A print out of cars I'm interested in buying along with their Kelley Blue Book values

- Email confirmation that I opened a new healthcare.gov account

- Shipping estimates for sending possessions to the U.S. (along with excess baggage fee schedules from airlines if I choose to go that route instead)

- Brief email exchanges with daycare centers for the little one

- Print outs of a few apartment rental choices (with monthly rent, floor plans, amenities, etc) in the locations we want to live

 

There may be a couple of potential weaknesses, though:

 

1. I'm not applying for jobs because I have my own business (and I have the papers to back it up, too). 

 

2. I haven't made an 'official' agreement to rent from either my mother or sister, because I see it as an informal "stay at your place until we find our own" thing. We're also considering staying with my mom for a few months first (so she could get her baby time in with my daughter, they haven't had a chance to meet each other because of covid)... and THEN move to Texas where my domicile is going to be.

 

Despite this, would the documents I already have be good enough to "reestablish" domicile in the eyes of NVC and consulate? 

Wow, do not know about all the proof, from my prospective some of them are too much and does not proof anything, would better for you to return to US and start working like all other couples do. It is difficult to be separated from you spouse and kids, but it is what it is 

Edited July 17, 2021 by 0580nvc

[Bill Hamze 89]

12 hours ago, 0580nvc said:

Wow, do not know about all the proof, from my prospective some of them are too much and does not proof anything, would better for you to return to US and start working like all other couples do. It is difficult to be separated from you spouse and kids, but it is what it is 

 

I know other couples do this, but I won't do that. Leaving my wife and child in an era of covid restrictions is not even under consideration. 🙂

[Chancy 6,241]

1 hour ago, Bill Hamze said:

I know other couples do this, but I won't do that. Leaving my wife and child in an era of covid restrictions is not even under consideration. 🙂

 

Since your wife is not interviewing in Canada, you have more leeway with regard to meeting the domicile requirement.  I doubt HCM comes close to how strict Montreal is with domicile.  Given the evidence you're already putting together (plus the advice from @seekingthetruth), I don't think your wife will have a problem at the interview with this particular requirement.  In your case, moving to the US at the same time as your family seems like a very viable option.

 

[seekingthetruth 1,246]

14 hours ago, 0580nvc said:

Wow, do not know about all the proof, from my prospective some of them are too much and does not proof anything, would better for you to return to US and start working like all other couples do. It is difficult to be separated from you spouse and kids, but it is what it is 

Nonsense.

In the OP's case and in my case, we have a family unit that is migrating to the U.S., and proving intent is not that hard.  In our case, our families also include U.S. citizen kids, which strengthens our case of intent to reestablish domicile.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos22

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
   
• Securing a residence in the United States
   
• Registering children in U.S. schools
   
• Applying for a Social Security number
   
• Voting in local, State, or Federal elections

[0580nvc 4]

12 hours ago, seekingthetruth said:

Nonsense.

In the OP's case and in my case, we have a family unit that is migrating to the U.S., and proving intent is not that hard.  In our case, our families also include U.S. citizen kids, which strengthens our case of intent to reestablish domicile.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos22

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
   
• Securing a residence in the United States
   
• Registering children in U.S. schools
   
• Applying for a Social Security number
   
• Voting in local, State, or Federal elections

Are you sponsoring you family yourself or you found joint sponsor? For most of the the families the one should be in the USA working, paying  taxes  to sponsor their spouse, kids because searching a joint sponsor is not that easy (usually brothers, sisters, if any or elderly parents). Even if you found a joint sponsor he/she should make enough income to cover for his and yours family members. And interviews scheduled not that fast even for IR1(many people have to bring fresh AOS to interview). What if your sponsor financial situation changes? That is why it is good for this process to be in US and work

[seekingthetruth 1,246]

2 hours ago, 0580nvc said:

Are you sponsoring you family yourself or you found joint sponsor? For most of the the families the one should be in the USA working, paying  taxes  to sponsor their spouse, kids because searching a joint sponsor is not that easy (usually brothers, sisters, if any or elderly parents). Even if you found a joint sponsor he/she should make enough income to cover for his and yours family members. And interviews scheduled not that fast even for IR1(many people have to bring fresh AOS to interview). What if your sponsor financial situation changes? That is why it is good for this process to be in US and work

The OP and I may not fit the profile you mention and that is why your answer was nonsense for this particular thread.

 

I can't speak for the OP but finances are not an issue for me.  People with assets can sponsor even if they have no job.  I don't need a joint sponsor and my financial situation is secure.

[Bill Hamze 89]

3 hours ago, seekingthetruth said:

The OP and I may not fit the profile you mention and that is why your answer was nonsense for this particular thread.

 

I can't speak for the OP but finances are not an issue for me.  People with assets can sponsor even if they have no job.  I don't need a joint sponsor and my financial situation is secure.

 

Agree, we don't fit that profile. 

 

Although I'm using the FEIE, which makes my income "appear" too low, I provided an explanation clarifying how my income will continue once in the US and if it weren't for the FEIE, my i-864 would show that I make enough to qualify as a sponsor for my family. But I also included my own assets plus my mom as a joint sponsor just in case. 

 

Both mine and my mom's financial situations are stable and unlikely to change over the next 6-12 months, so I'm not too concerned about meeting the income/asset threshold. 

Edited July 19, 2021 by Bill Hamze

[0580nvc 4]

4 hours ago, Bill Hamze said:

 

Agree, we don't fit that profile. 

 

Although I'm using the FEIE, which makes my income "appear" too low, I provided an explanation clarifying how my income will continue once in the US and if it weren't for the FEIE, my i-864 would show that I make enough to qualify as a sponsor for my family. But I also included my own assets plus my mom as a joint sponsor just in case. 

 

Both mine and my mom's financial situations are stable and unlikely to change over the next 6-12 months, so I'm not too concerned about meeting the income/asset threshold. 

Everything is up to reviewing your AOS person. I am just retranslated advises giving to me by a lawyer 

[Bill Hamze 89]

Just submitted my own AOS documents.

 

Then added my mom as a joint sponsor. But it's now "N/A" and cannot upload the joint sponsor documents yet... one popup said something about it taking an hour for it to approve, but I closed it too quickly before reading it carefully. So not sure. 

 

CEAC is a bit rickety 😑

Edited July 26, 2021 by Bill Hamze

[Bill Hamze 89]

JS approved, and now it's asking for proof of domicile from the joint sponsor. 

 

If I just send her real estate deed (her residence that she owns), would that be enough? Or should I ask her for her drivers license, voter registration, and recent utility bill?