Understanding of "US Domicile" + other I-864 Questions

[Okalian 41]

A little bit of context; Married since 2012, and applied for I-130 for my wife in March 2019, and it was approved earlier this year. It honestly took more time than I thought! So the case was transferred to NVC in March of this year and we frankly weren't quite certain at that point when we would move to the states, as it will depend on when the actual visa will be granted. 

 

Now we're putting everything together to carry on with documents to be provided, and went though the little survey https://nvc.state.gov/aos where this question popped up while looking at their requirements for financial documents

 

I currently live and work in Egypt since 2015, but I do have a US mailing address (which is where I've been receiving all correspondence specific to I-130). If I answer as "Yes", then it only requires my tax filing documents.

 

But if i conservatively choose No (which honestly is what I'm leaning towards), it will then ask for proof of US domicile. I have been working in Egypt (and intend to use assets for financial support as part of I-864) but maintained a US bank account, voted in the 2020 elections, renewed my driver's license and maintaining my US cellular phone line (one i've had since 2004!), 401K plan, and stock options in a US account, along with several active US credit cards. I honestly don't know if this will suffice as US domicile. In the meantime, I cannot simply move to the US beforehand just for the purpose of re-establishing domicile there..I have no clue how long the process will further take and don't want to leave my wife and kids for God knows how long. I do intend to travel there with my wife once the visa is granted.

 

My 3 questions:

1. Should I choose Yes or No for that question?

2. If i choose No, are the aforementioned items sufficient to show US domicile?

3. Can I use stocks and/or fully-vested 401K balance as assets? It covers the 3X poverty line requirements while keeping in mind the early withdrawal tax penalty.

 

Thanks in advance!

 

 

[Saqib-s 188]

From our limited experience, my wife was in the UK when we applied, for US domicile we were advised by our attorney that we would need to show that my wife had every intention to move to the US with me, we showed the various aspect of her maintaining a life similar to what you've described and submitted a signed and notarized affidavit from her stating that she has every intention to move to the US with me, and is actively applying for US jobs etc. Showing evidence of this. 
 

We were advised against using assets to meet the AOS requirements, we were told that the NVC and consulate are trained to look for income and assets can be difficult for the NVC and CO to approve, for example any assets would be subject to scrutiny if they would impose a hardship on the petitioner (like using your retirement savings). So we used a joint sponsor, which is a more common path. 

[Okalian 41]

On 10/3/2021 at 10:04 PM, Saqib-s said:

From our limited experience, my wife was in the UK when we applied, for US domicile we were advised by our attorney that we would need to show that my wife had every intention to move to the US with me, we showed the various aspect of her maintaining a life similar to what you've described and submitted a signed and notarized affidavit from her stating that she has every intention to move to the US with me, and is actively applying for US jobs etc. Showing evidence of this. 
 

We were advised against using assets to meet the AOS requirements, we were told that the NVC and consulate are trained to look for income and assets can be difficult for the NVC and CO to approve, for example any assets would be subject to scrutiny if they would impose a hardship on the petitioner (like using your retirement savings). So we used a joint sponsor, which is a more common path. 

Thanks so much for your response! So she put country of Domicile something other than USA? Specifically, question 5 in Part 4 of I-864  

 

 

 

 

[Saqib-s 188]

we answered: "UK (see addemdum)" for Country of domicile and then added an addendum note "Please note that the Petitioner Spouse has taken necessary steps to establish domicile in the United States as early as xxxx 20xx. Please see affidavit."  

[Okalian 41]

14 hours ago, Saqib-s said:

we answered: "UK (see addemdum)" for Country of domicile and then added an addendum note "Please note that the Petitioner Spouse has taken necessary steps to establish domicile in the United States as early as xxxx 20xx. Please see affidavit."  

Wonderful. Thanks again for your help