Domicile requirement for petitioner

[Jose1014 0]

5 minutes ago, SusieQQQ said:

Who’s the co-sponsor? She obviously does not have the income.

 

You need to do a lot more work on the domicile aspect. Example from DoS FAQs

 

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "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 departed 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.

Examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained a domicile in the United States may include:

• A voting record in the United States
   
• Records of paying U.S. state or local taxes
   
• Having property in the United States
   
• Maintaining bank or investment accounts in the United States
   
• Having a permanent mailing address in the United States
   
• Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

 

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

 

@SusieQQQ thanks for your response. The only proof of domicile we can submit is the US debit and credit account. My mom will go back to the states before my consular interview and we plan to inform uscis about her going back to the states. so that the consular offices will be updated about the location of my mom. I hope that will work?

[Cassis1978 28]

3 minutes ago, Jose1014 said:

@Cassis1978 thanks for your response. Yes, my aunt will be a joint sponsor for I-864. That's why we are planning for my mom to go back to the states 2-3 months before my consular interview. Maybe it will break the problem of domicile once she back there before my consular interview? Do you think that will work?

No, sorry, I don’t think it will work. 

@SusieQQQ as always gives great advise - read the message above. Just to be 2-3 month before the interview won’t break the problem of domicile.  

 

 

[Boiler 45,966]

This is not exactly the first case I have seen like this, I assume she uses your Aunt as her US address so I would use that.

 

By the time you have your interview she will be fully back in the USA.

[SusieQQQ 11,587]

5 minutes ago, Jose1014 said:

@SusieQQQ thanks for your response. The only proof of domicile we can submit is the US debit and credit account. My mom will go back to the states before my consular interview and we plan to inform uscis about her going back to the states. so that the consular offices will be updated about the location of my mom. I hope that will work?

Staying at your aunt? Really depends on the CO.  If the CO gets picky, no it won’t be enough. I mean, I had US bank accounts and a relative to stay with years before I moved here, and I definitely wasn’t domiciled here. This is one case where filing tax returns even though income below the threshold would have helped show ties. Did she vote in any of the elections in the last couple of years?  No place of her own where she has a name on a rental contract, a utility bill etc?

[Jose1014 0]

4 minutes ago, Cassis1978 said:

No, sorry, I don’t think it will work. 

@SusieQQQ as always gives great advise - read the message above. Just to be 2-3 month before the interview won’t break the problem of domicile.  

 

 

@Cassis1978 and @SusieQQQ based on the list above, we can only provide hard evidence of her SSN, US debit and credit accounts, and permanent mailing address, which is the address of my aunt. My mom legally lived in the states for more than 10 years before she went back to India in 2019. We can also provide a letter that her stay in the India is temporary and will be back before my arrival to the US. Those are the only things we think we can do. What do you think?

[SusieQQQ 11,587]

Well, I mean if you don’t have more then that’s all you can do and hope it’s enough. 

[SalishSea 18,102]

50 minutes ago, Jose1014 said:

@Jorgedig my mom only depend on me when I come to the states. I can work there and buy a property and we can live together. Right now, she finds it hard to live with relatives in the states that's why she prefers to live in India for now. She's also a senior citizen that's why she can't work in the states anymore.

Right, I get that.  However, the fact that she has no real ties to the US and is not domiciled here calls into question her eligibility to petition you.

[Jose1014 0]

1 minute ago, Jorgedig said:

Right, I get that.  However, the fact that she has no real ties to the US and is not domiciled here calls into question her eligibility to petition you.

To all, thank you so much for all your thoughts and responses. I am very stressed right now. I think we really have to be honest and tell the truth about her location in India right now. Definitely dept of state and uscis have records of her leaving the states and the consular offices will have those records. We can just provide the proofs that we have now. It will definitely be so sad if I will be denied with this petition. But I really don't know what else to do.

[SalishSea 18,102]

Just now, Jose1014 said:

To all, thank you so much for all your thoughts and responses. I am very stressed right now. I think we really have to be honest and tell the truth about her location in India right now. Definitely dept of state and uscis have records of her leaving the states and the consular offices will have those records. We can just provide the proofs that we have now. It will definitely be so sad if I will be denied with this petition. But I really don't know what else to do.

Correct, always tell the truth.  To not do so can have bad repercussions.

[Jose1014 0]

Hi again! I just have a follow up question. Does anyone know how many days or weeks of notice I will be given before my consular interview? Would that be a notice after the medical? 

[Hilde 381]

I lived abroad with my husband when he applied for the IR1 visa. We submitted the following evidence of domicile: US bank account (many months worth of statement - to show it wasn´t just opened), property deed, my child´s school acceptance letter, State driver´s licence, utility bill.

 

We were given about a month´s notice prior to interview. You must (on your own) schedule the medical with a doctor from the consulate pannel. The medical should happen BEFORE the interview. 

[Jose1014 0]

3 hours ago, Hilde said:

I lived abroad with my husband when he applied for the IR1 visa. We submitted the following evidence of domicile: US bank account (many months worth of statement - to show it wasn´t just opened), property deed, my child´s school acceptance letter, State driver´s licence, utility bill.

 

We were given about a month´s notice prior to interview. You must (on your own) schedule the medical with a doctor from the consulate pannel. The medical should happen BEFORE the interview. 

@Hilde thank you so much for sharing your experience. The only domicle proof we can provide is my mom’s bank account and state ID. We can just hope for the best. Is the medical and interview notice sent at the same time via email? Within that 1 month of notice, the medical must be done too? 

[SusieQQQ 11,587]

5 minutes ago, Jose1014 said:

@Hilde thank you so much for sharing your experience. The only domicle proof we can provide is my mom’s bank account and state ID. We can just hope for the best. Is the medical and interview notice sent at the same time via email? Within that 1 month of notice, the medical must be done too? 

When you get your interview notice it will include instructions on how to schedule the medical. The medical should be done before your interview, specifics will depend on the doctor you end up with. 

[Jose1014 0]

18 minutes ago, SusieQQQ said:

When you get your interview notice it will include instructions on how to schedule the medical. The medical should be done before your interview, specifics will depend on the doctor you end up with. 

@SusieQQQ thanks for the info. So that’s 1 month notice for medical and interview. It’s going to be a tight schedule and medical must be scheduled asap. Thanks. 

[SusieQQQ 11,587]

21 minutes ago, Jose1014 said:

@SusieQQQ thanks for the info. So that’s 1 month notice for medical and interview. It’s going to be a tight schedule and medical must be scheduled asap. Thanks. 

Most embassies give more than one months notice.