Domicile Dilemma!

[WoodlandsFamily 12]

Hi

 

I am really hoping someone can help me with this query. I am a dual USC/UKC married to a British man and have kids. We intend to move to the US, our i-130 is pending since October. On the issue of re-establishing domicile I have a dilemma. I moved to the UK as a small child with my British parents so effectively lost my domicile at that point. I lived in California but obviously can't use that address for anything to prove domicile for immigration purposes. I can show INTENT of domicile through various means, is that enough? Will the London Embasssy overlook my domicile issue as I was a child and left with my parents therefore not my choice. I can't return alone to set up a domicile as I work and look after my children here in the UK. I am stressed over this issue. 😫 thank you 

[Boiler 45,499]

I was going to suggest a family trip, set up bank accounts, DL. school registration etc etc.

[WoodlandsFamily 12]

Thank you for your comment. The bank account requires an address which I don't have...catch 22 stuff...I have been out to the States in recent years but this was before serious thoughts of moving back. I might be able to sort a school place via emails/phone calls maybe.

 

I just am hoping for some allowances due to leaving as a child and the fact I don't have an address to use. 

[mam521 2,062]

Have you filed US income taxes and did you file I-130's for the kids? 

[Crazy Cat 41,850]

3 hours ago, WoodlandsFamily said:

Will the London Embasssy overlook my domicile issue as I was a child and left with my parents therefore not my choice.

No.  Family based visas require either proof of domicile or a plan of intent to establish domicile.  Evidence of concrete plans to re-locate to the US should work.  I don't recall the London consulate being too difficult. 

[WoodlandsFamily 12]

15 minutes ago, mam521 said:

Have you filed US income taxes and did you file I-130's for the kids? 

Hi thanks for your reply. Yes and yes. I have filed 3 years and all my kids and hubby have their seperate i-130s 😁

[WoodlandsFamily 12]

6 minutes ago, Crazy Cat said:

No.  Family based visas require either proof of domicile or a plan of intent to establish domicile.  Evidence of concrete plans to re-locate to the US should work.  I don't recall the London consulate being too 

Thank you for your reply. Yes I have been gathering all I can to show my intent, bank account is a tricky one as you need an address but most things I have got around. I am hoping London will see the intent and be sympathetic to my domicile issue. 😄

[Crazy Cat 41,850]

1 minute ago, WoodlandsFamily said:

my domicile issue.

You aren't the first to need the "intent to re-locate" route from the UK.  I don't see a big issue.

[WoodlandsFamily 12]

2 minutes ago, Crazy Cat said:

You aren't the first to need the "intent to re-locate" route from the UK.  I don't see a big issue.

Thank you, that's given me some confidence. It's so much more involved than I'd realised! 

[mam521 2,062]

You should be ok with the London Consulate.  If it were Montreal, nope, entirely different story.  

 

Lots of moving parts when it comes to immigration!  Do you have a joint sponsor in the US? 

[WoodlandsFamily 12]

27 minutes ago, mam521 said:

You should be ok with the London Consulate.  If it were Montreal, nope, entirely different story.  

 

Lots of moving parts when it comes to immigration!  Do you have a joint sponsor in the US? 

No I don't unfortunately. We don't know anyone to ask such an important question and even if we did there are 7 of us in total (big family). I am going to go wages plus assets. I can go all assets if need be and hope they are cool with that too 😂 do you know if it has to be all assets or mixed if from the UK? 3 times or 5 times the value? 

[WoodlandsFamily 12]

34 minutes ago, mam521 said:

You should be ok with the London Consulate.  If it were Montreal, nope, entirely different story.  

 

Lots of moving parts when it comes to immigration!  Do you have a joint sponsor in the US? 

3 or 5 times the poverty guidelines amount I mean. Sometimes I read 3 sometimes 5 if the beneficiary owns the house too. 

[pushbrk 12,883]

55 minutes ago, WoodlandsFamily said:

3 or 5 times the poverty guidelines amount I mean. Sometimes I read 3 sometimes 5 if the beneficiary owns the house too. 

3 for the spouse of a US Citizen, but meeting the minimum is not your goal.  You mention wages.  Those mean nothing unless they will continue from the same source in the USA.  Otherwise you enter zero income.  The question is about the income you will be using to qualify, not just your income.  If you can't use it to qualify, it's zero.

[WoodlandsFamily 12]

12 minutes ago, pushbrk said:

3 for the spouse of a US Citizen, but meeting the minimum is not your goal.  You mention wages.  Those mean nothing unless they will continue from the same source in the USA.  Otherwise you enter zero income.  The question is about the income you will be using to qualify, not just your income.  If you can't use it to qualify, it's zero.

Aah OK, I understand. I would like a similar job and income in the US eventually but I will lose my current job when I leave the UK so cant use that income on the i-864. So assets or sponsor is my route is what you're saying in my position? 

[pushbrk 12,883]

3 minutes ago, WoodlandsFamily said:

Aah OK, I understand. I would like a similar job and income in the US eventually but I will lose my current job when I leave the UK so cant use that income on the i-864. So assets or sponsor is my route is what you're saying in my position? 

A joint sponsor.....OR.....you go ahead and return to the USA and go to work at that new job.  Just because you don't like an option doesn't mean it's not one of your options.  You might also find a US employer that will let you work remotely to begin with.

Edited May 14 by pushbrk