Re-establishing a US domicile - but we live overseas!

[autumn1976 0]

We are awaiting USCIS approval since Oct 2022. The I-864 FAQ says:

"A sponsor who is not currently living in the United States may meet the domicile requirement if he can submit evidence to establish that ... the sponsor intends in GOOD FAITH to establish his domicile in the United States no later than the date of the intending immigrant’s admission to the United States."

AND

"He 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."

 

Once I have my visa, we would naturally like to travel together and find an apartment when we arrive in the US.

 

QUESTION: What will be considered sufficient evidence that we intend to follow this path in GOOD FAITH, and what CONCRETE STEPS do we need to show to fulfill the domicile requirements?

 

We worry that we won't be able to provide the data the NVC officers are looking for.

The alternative would be a hardship for us: for my husband to move to the US before the NVC submission, and pay rent there living alone, while I continue to maintain housing expenses overseas. Since we estimate at least 4-5 months before I arrive, that is $5000 extra just for US rent, utilities, etc.!

 

MORE INFORMATION:

Since our marriage in 2016, my husband has lived with me in Vietnam. Even so, he has maintained his domicile by:

1. Paying the US state and local taxes

2. Maintaining his bank account in the US.

3. Using his aunt’s permanent address, and a US virtual mailing address (since he sold his house in the US in 2020)

4. Having his private doctor

5. Having renewed his US. driver’s license

6. Writing emails to his friends about our upcoming US return when I am issued a visa.

7. Visiting his aunt in the US every year, except for the period of COVID-19 lockdowns

 

He also composed a letter mentioning that he has a concrete strategy to establish a domicile.

He said that when we arrive in the US., we will stay in his aunt’s house temporarily while searching for an apartment.

 

Thanks for reading and helping me with this issue!

All reactions:

11

 

[Dashinka 24,493]

The list you outlined is good.  One item I would think about is when you do plan to repatriate, are you planning on living with his aunt temporarily until you find a place of your own?  If so, maybe a letter from her stating that.

 

Good Luck!

[autumn1976 0]

Thank you, Dashinka!

 

Our problem is that our aunt is now suffering from dementia and she is living alone in a small senior apartment. Hence, it is impossible to get her letter. 

 

Although we said that we planned to stay in her apartment, we will stay in a hotel or airbnb until we find an apartment to rent. 

 

So, instead of saying staying in our relative's house for temporarily, can we tell the NVC and US interviewers that my husband (an USC) will arrive at the US with me, and we will stay in a hotel or rent an apartment right after I am issued a US visa?

 

Thank you!

[Dashinka 24,493]

Sorry to hear about the aunt.  Yes, take that plan with you showing your plan to rent an AirBnB.

 

Good Luck!

[powerpuff 6,697]

~~ Topic moved from Progress Reports to Process & Procedures ~~

[Chancy 6,241]

On 5/9/2023 at 11:48 AM, autumn1976 said:

We worry that we won't be able to provide the data the NVC officers are looking for.

 

Not really NVC you should be concerned about, with regard to your domicile evidence.  The list you have will be enough for NVC.  As to whether that will be enough for the consulate (where it really matters), you'll find out at the interview.