Establish vs Maintained domicile. I am very confused which one I am

[nick050183 9]

I'm am at the NVC part of the IR1 process. I meet the income requirements.

 

However I'm not sure if I have maintained domicile or I plan on reestablishing it. Because I have lived in Ukraine with my wife and our daughter for the past 15 months. 

 

The state.gov website has this quote

 

"He/she departed the United States for a limited and not indefinite period of time,"

 

This makes me think that I have to reestablish it. Because although I always knew I was coming back. It was "I will come back when my wife gets a visa". Which was somewhat indefinite. Or am I reading this wrong? 

 

Some other important facets

1) I work for an American company remotely. I don't even have a work permit in Ukraine. I have a job waiting for me when I come back to US.

2) All my bank accounts are American.

3) All my credit cards are American.

4) I have maintained an American phone number

5) I have a mailing address in America where I receive my mail (My sisters apartment)

My sisters apartment is also listed as our future address in her DS-260. Because our plan is to live there until we rent an apartment. Thing is I don't expect it to take long for us to find an apartment (2-3 weeks). 

6) I own a car in America.

 

The only things tying me to Ukraine are

1) Temporary residence permit. Which I had to get so I don't stay here as an illegal alien.

2) I purchased a car here for $15,000. 

 

In all honesty I always knew I was coming back to US. It was always temporary me staying here. But due to the fact that this process is unpredictable (how long it takes). I couldn't really put a concrete date on when I would be coming back. 

[Crazy Cat 42,433]

I don't think you have anything to worry about in that area. 

[nick050183 9]

1 minute ago, Lucky Cat said:

I don't think you have anything to worry about in that area. 

So should I just put "United States" as my domicile. Attach my tax returns that prove that I make enough. And that's it?

Cause I'm sitting here gathering evidence lol. Just in case I need it. 

[nick050183 9]

Ahhhhhhh I just realized I missed an important point

 

While I do work for an American company. I work as an independent consultant. So technically I am self employed. 

 

I don't have any deductions or anything. But I am up to date with Federal IRS taxes. I'm from Florida so there is no state taxes to worry about. 

[carmel34 3,657]

5 hours ago, nick050183 said:

My sisters apartment is also listed as our future address in her DS-260. Because our plan is to live there until we rent an apartment. Thing is I don't expect it to take long for us to find an apartment (2-3 weeks).

If you want to add more evidence you could upload at the NVC stage details about some apartments you are considering, completed application forms, etc.  From what you've posted you should be fine.  Good luck with the rest of the process!

[SteveInBostonI130 3,489]

Kyiv is not one of the difficult embassies.

 

As long as you show you have maintained ties to the US, which seems so by what you stated, and that you will move back to the US either before or at the same time with your wife, and that your employment will continue, you should be fine.