Domicile of Petitioner

[daniel0710 0]

I’m a US citizen living in Taiwan and got married with my Taiwanese wife in September of this year. I then applied for an immigrant visa for her (CR-1). My wife and I then went through all the hassles of the marriage certificate, household registry, birth certificates, police records, affidavit of support, medial exams and etc.

Finally… The immigrant visa interview

All the documentations went pretty well, I thought that I would have problems with my I-864 (Affidavit of Support), as I have never filed a US tax return (never had a real income) and my total income on the form is “$0”, but I do have a relative in the U.S. who is the joint-sponsor and their income is adequate to support this case.

What didn’t go well in the interview was my domicile. I came back to Taiwan around 15 years ago. The reason I came back then is to visit my dad, who at that time worked for the government and couldn’t leave the country. I completed my high school and university education and lived here every since. My last time back to our home in the states is around 3 years ago.

The consular officer said that the information I provided is insufficient to provide proof of reestablishing domicile in the U.S. and the immigrant visa could not be issued to my wife at this time. I did provide printouts of emails conversations of a job interview date for my wife and a job offer for me, but because the printouts were not organized very well the officer didn’t understand them.

My wife and I have real plans to move back to the states ASAP and start new careers. My wife has been offered a job at big corporation there. A job interview date has been set. For me, I have also found a job in the same area.

My question is, how can I proof to the consular office of our real intentions of moving back to the states.

I already have a permanent address there and a California State driver’s license and ID card but my wife and I plan to live in a different state when we move back.

Any suggestions ??

[trailmix 77]

Hi there,

It is a tough one. We haven't had our interview yet, however I did have to submit additional domicile information to the NVC.

Here was my approach. First of all I was working with this definition:

If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant’s admission or adjustment of status.

So with that in mind, I looked at what they have outlined as possible proof of this:

Establishing an address in the United States

Setting up a bank account and transferring funds to the U.S.

Making investments

Seeking employment

Applying for a Social Security number

Voting in local, state or federal elections

So, I had already opened a U.S. bank account with this in mind. What I then sent was:

A letter from my Sister, stating her location and that we would be living with them at such and such an address.

My application for my SS number from earlier this year.

A copy of a moving quote

A copy of a letter from my lawyer and the buyers lawyer from selling our house earlier this year.

Letter from me, stating that we would be moving/entering the U.S. at the same time

U.S. Bank statement

I had also back filed the last 3 years of U.S. returns (had never done a U.S. return before) as I felt this might also be favorable in establishing domicile.

Even though you have an address there, is it with family? Did you have one of them send you a letter stating that, plus how much rent you had agreed on etc? Did you show the officer your driver's license etc? I think that is valuable, especially if you package it with all of your other evidence.

Edited November 15, 2007 by trailmix

[Nutty 2]

I’m a US citizen living in Taiwan and got married with my Taiwanese wife in September of this year. I then applied for an immigrant visa for her (CR-1). My wife and I then went through all the hassles of the marriage certificate, household registry, birth certificates, police records, affidavit of support, medial exams and etc.

Finally… The immigrant visa interview

All the documentations went pretty well, I thought that I would have problems with my I-864 (Affidavit of Support), as I have never filed a US tax return (never had a real income) and my total income on the form is “$0”, but I do have a relative in the U.S. who is the joint-sponsor and their income is adequate to support this case.

What didn’t go well in the interview was my domicile. I came back to Taiwan around 15 years ago. The reason I came back then is to visit my dad, who at that time worked for the government and couldn’t leave the country. I completed my high school and university education and lived here every since. My last time back to our home in the states is around 3 years ago.

The consular officer said that the information I provided is insufficient to provide proof of reestablishing domicile in the U.S. and the immigrant visa could not be issued to my wife at this time. I did provide printouts of emails conversations of a job interview date for my wife and a job offer for me, but because the printouts were not organized very well the officer didn’t understand them.

My wife and I have real plans to move back to the states ASAP and start new careers. My wife has been offered a job at big corporation there. A job interview date has been set. For me, I have also found a job in the same area.

My question is, how can I proof to the consular office of our real intentions of moving back to the states.

I already have a permanent address there and a California State driver’s license and ID card but my wife and I plan to live in a different state when we move back.

Any suggestions ??

Well, since you already went through the interview process the cat is pretty much out of the bag that you reside in Taiwan.

All I can think of is actually moving ahead of your wife to ESTABLISH DOMICILE. This is what I had to do. And really this is the best way. Even if it is a temporary address (this can be changed once you get more permanent digs).

It is irrelevant what state your driver's and id is. What is important is to have your home address in the same vacinity as your work address (unless you telecommute or something to this nature). Secondly, you really do need to get some kind of work situation going. Even if it isn't in your chosen profession (the minimum gross needed is $25,000 approx).

WORKING and LIVING in the US is evidence of ESTABLISHED DOMICILE.