I-864 - Evidence of Intention to Reestablish Residence

[uk2usa2010 2]

OK - so this is the one that has given me the most headaches so far. My wife is the USC (I am UK) and we moved here the week after we got married in the US (it took half a day to get the visa done at the UK embassy in Chicago!) That was 5+ years ago and we are now looking to head over there.

My understanding is that we need to show as much as we can that evidences the work done to reestablish my wifes' residence in the US and to relinquish residence in the UK.

My wife has US bank accounts still but we have no property there (other than a timeshare), and will not have any rental agreements etc in place until we know where we are going to live, which may not happen before the interview. She is currently a homemaker and intends to be after the move, so is not intending to apply for jobs, and it doesn't make sense to attempt to enrol our children in schools when we don't know where we will be.

On the "relinquish" side we do not own property here and do not want to give notice on our tenancy in case the visa gets delayed/does not get approved. We could get shipping quotes for household possessions and the vehicles we intend to take with us.

In short, any ideas on what might help?

[Anh map 2,098]

This I-864 FAQ from the State Dept. site offers some answers >>> http://travel.state.gov/visa/immigrants/in....html#_Domicile

[jhphi 0]

Has your wife maintained a valid US driver's license? Is she currently registered to vote in the US?

The fact that she's kept US bank accounts open should help, and I would also get those quotes from the moving company. Do you have a statement of ownership in the timeshare that you could show?

Are you planning to temporarily reside somewhere specific upon first arriving in the US (like with your inlaws or friends), while you're looking for a more permanent location? If so, perhaps a letter from them?

Perhaps bring a letter that you've prepared in advance addressed to your landlord, stating that you will be ending your tenancy and that your move date will be XXX (not to send before the interview, just to show that you have these preparations in the works, and are just waiting for the visa to be issued so that final arrangements can be made).

Do you feel confident enough to book flights for your trip to the US?

Could you form a relationship with a US realtor or letting agent, and show the interviewer evidence of searching for an apartment or house where you'll be moving in the US?

Will you be applying for a job shortly after moving? Perhaps bring evidence of starting your search (cover letter and resume, search results from online job searching in your field, etc.)

[Darnell 8,478]

The cool thing - is that she can file the DCF'd I-130 today, without doing anything.

THEN - as the interview date gets 'set' - she can return to the USA and :

1. get a lease on a property

2. do some things with moving monies into the USA

3. set up new utilities in her name

then, later, bring all this proof IN on the day of interview.

You two have some time, to 'show proof of establishing domicile in USA'.

Don't worry about it, prior to filing, IMO.

Have it all sussed out, prior to interview day, though (or else expect a blue-slip, and longer time for visa approval).

[nc73 0]

It's not a big deal if you're dcfing in UK. I only provided a lease agreement and bank account. The lease agreement was with my parents so most can accomplish this easy enough. i don't think they even asked my wife for the drivers license. You do not need to go back to the US to establish residency first. In your case I wouldn't lose sleep over it, everything you have is sufficient.

[elmcitymaven 9,712]

I found my letter detailing re-establishment of domicile AT LAST! I will scan and remove some of the personal info, and post.

Okay, here it is! (And no, Bruce's middle name is not Leviticus.)

22 May 2007

The Embassy of the United States of America

Consular Section - Visa Services

24 Grosvenor Square

London

W1A 1AE

To whom it may concern:

RE-ESTABLISHMENT OF US DOMICILE FOR ELMCITYMAVEN

I write this letter in connection with the Immigrant Visa application LND2007XXXXXX for my husband, Bruce Leviticus Elmcitymaven. I understand that I must show that I have made and continue to make efforts towards re-establishing US domicile in order to process and approve my husband's application. To that end, I append the following documents to show that I have re-established domicile in Random City, Connecticut:

• Checking and savings accounts at the Bank of America (Hamden, CT branch) established March 2007 in my name, showing my address as 123 Whatever Avenue, Random City, CT 06555;

• A letter dated 28 February 2007 from Social Security Administration detailing my accrued benefits, showing the same address;

• A letter from my line manager, John Quincy Publick, confirming that I have informally tendered my resignation pending approval of my husband's immigrant visa; and

• Email correspondence between Mary-Louise Smith, General Counsel of BigARSE Pension Fund, a $400m pension fund located in New York City, and myself showing I am being headhunted to become Director of Smartarsery for the fund.

I have also taken other steps to secure employment upon our arrival in Connecticut, including extensive networking with US colleagues and pursuing leads from directors of the Smith Centre for Smartarsery and Skiving at the Poison Ivy School of Management. Indeed, I was asked to attend an informal interview at the Centre but it has unfortunately clashed with the date of my husband's interview at the Embassy. I am also following up leads for positions within my field at the California State Surfers’ Retirement System, the Los Angeles County Dossers Retirement Agency, Los Angeles City Sycophants Retirement System and Majuscule Group, a large investment manager.

I have not formally resigned from my job, but I have informed my line manager and the company chief executive of my plans, and that my departure is contingent on my husband's visa approval. My line manager has agreed that my resignation will date from the day of any approval.

I have also arranged living accommodation for my husband and myself on arrival. My parents have generously allowed us use of an entire floor of their house for as long as needed to establish a separate residence. As we rent our flat in London and the notice required to quit our flat is one month, I have not yet informed our landlord of our plans as we do not wish to lose our London residence should the visa be denied or delayed.

I hope that the steps I have taken to re-establish residence are sufficient. I am eager to take any further steps that may be required if my actions prove unsatisfactory.

Yours faithfully

MEAGAN ELMCITYMAVEN

Attachments (4)

Edited February 19, 2010 by elmcitymaven

[jaremedios 1]

I found my letter detailing re-establishment of domicile AT LAST! I will scan and remove some of the personal info, and post.

Okay, here it is! (And no, Bruce's middle name is not Leviticus.)

22 May 2007

The Embassy of the United States of America

Consular Section - Visa Services

24 Grosvenor Square

London

W1A 1AE

To whom it may concern:

RE-ESTABLISHMENT OF US DOMICILE FOR ELMCITYMAVEN

I write this letter in connection with the Immigrant Visa application LND2007XXXXXX for my husband, Bruce Leviticus Elmcitymaven. I understand that I must show that I have made and continue to make efforts towards re-establishing US domicile in order to process and approve my husband's application. To that end, I append the following documents to show that I have re-established domicile in Random City, Connecticut:

• Checking and savings accounts at the Bank of America (Hamden, CT branch) established March 2007 in my name, showing my address as 123 Whatever Avenue, Random City, CT 06555;

• A letter dated 28 February 2007 from Social Security Administration detailing my accrued benefits, showing the same address;

• A letter from my line manager, John Quincy Publick, confirming that I have informally tendered my resignation pending approval of my husband's immigrant visa; and

• Email correspondence between Mary-Louise Smith, General Counsel of BigARSE Pension Fund, a $400m pension fund located in New York City, and myself showing I am being headhunted to become Director of Smartarsery for the fund.

I have also taken other steps to secure employment upon our arrival in Connecticut, including extensive networking with US colleagues and pursuing leads from directors of the Smith Centre for Smartarsery and Skiving at the Poison Ivy School of Management. Indeed, I was asked to attend an informal interview at the Centre but it has unfortunately clashed with the date of my husband's interview at the Embassy. I am also following up leads for positions within my field at the California State Surfers’ Retirement System, the Los Angeles County Dossers Retirement Agency, Los Angeles City Sycophants Retirement System and Majuscule Group, a large investment manager.

I have not formally resigned from my job, but I have informed my line manager and the company chief executive of my plans, and that my departure is contingent on my husband's visa approval. My line manager has agreed that my resignation will date from the day of any approval.

I have also arranged living accommodation for my husband and myself on arrival. My parents have generously allowed us use of an entire floor of their house for as long as needed to establish a separate residence. As we rent our flat in London and the notice required to quit our flat is one month, I have not yet informed our landlord of our plans as we do not wish to lose our London residence should the visa be denied or delayed.

I hope that the steps I have taken to re-establish residence are sufficient. I am eager to take any further steps that may be required if my actions prove unsatisfactory.

Yours faithfully

MEAGAN ELMCITYMAVEN

Attachments (4)

Elmicitymaven, is this the letter you were trying to find for me? Thanks if it is!

I also am a housewife and I am the USC. I won't be looking for a job before the interview. Right now, what we have is my valid driver's license, my maintained bank account statements, my maintained credit card statements, an informal lease with my parents (since we're using their address on all the forms as we don't know where we'll be living either), and correspondence with some daycares (only correspondence ...tip from elmicitymaven) I've also been looking for quotes for moving companies but can't seem to find any that come to Mexico.

[nc73 0]

You do realize nobody reads that stuff? They will just glance over it. Tell them your intentions, you don't need a letter for that. Evidence says everything.

[elmcitymaven 9,712]

All I can say is that when I presented the letter, it was read. In fact, the CO said it was useful because there was a lot of info in there I couldn't produce any documentary evidence of, like that I wasn't going to give notice on my flat until we were approved, and that my parents had offered to have us stay with them. For me, it worked, because I had basically severed all ties with the US when I left 12 years before and I was scrambling for anything to prove I was re-establishing domicile. Until 3 months before the interview, I didn't even have a US bank account! I had never held a US driving licence, had no credit cards, had no job to go to and had no children to place in school. The CO looked at my domicile documents very carefully (which scared the bejeebus out of me), but this may have been because of my specific situation. Things may have changed in three years, but I posted it because people have asked for a sample of what such a letter might look like.

I definitely, DEFINITELY do not want to scare-monger about this, because I know that in most cases most people have zero issues about re-establishing domicile. But I do know that in the past there have been flare-ups (for want of a better word) of extra scrutiny at London, which no one can explain beyond perhaps one CO has decided to be a hard-azz about it suddenly. Then the scrutiny dissipates, and we go back to "oh, London's a doddle, don't worry." Right now, all is copasetic but it could change. I know in Montreal there has been a real crackdown on domicile, with people being required to physically return to the US and get a place to live, a job, etc. I doubt this would ever happen in the UK, but there it is.

God, I'm a little ray of sunshine this morning.

[Darnell 8,478]

skiving. good lord - havena heard that word in a few months (the last time was at a lug in liverpool).

[elmcitymaven 9,712]

skiving. good lord - havena heard that word in a few months (the last time was at a lug in liverpool).

It's a fantastic word, and one that sums up much of my daytime activity.

[uk2usa2010 2]

Thanks all for the above. Hadn't thought of a number of those things (e.g. letter from inlaws, correspondence with day cares etc) and they are fairly easy to get so think I will. Also glad that it does not appear to be the headache I thought. Appreciate that it is not something to be complacent over either though.

We did consider my USC wife moving over before me to actually reestablish a residence but ruled it out as she would not be working and the lack of health care cover was a risk we were not willing to take. The cost of paying for it also seemed exorbitant, even if it was only going to be for a few months.

[nc73 0]

Thanks all for the above. Hadn't thought of a number of those things (e.g. letter from inlaws, correspondence with day cares etc) and they are fairly easy to get so think I will. Also glad that it does not appear to be the headache I thought. Appreciate that it is not something to be complacent over either though.

We did consider my USC wife moving over before me to actually reestablish a residence but ruled it out as she would not be working and the lack of health care cover was a risk we were not willing to take. The cost of paying for it also seemed exorbitant, even if it was only going to be for a few months.

You could get visitor insurance for around 65 a month. Also they didn't ask my wife for ANY proof of domicile. She brought all the paperwork for nothing. She said everyone else was harassed. Only difference was her skin color.

[Darnell 8,478]

Thanks all for the above. Hadn't thought of a number of those things (e.g. letter from inlaws, correspondence with day cares etc) and they are fairly easy to get so think I will. Also glad that it does not appear to be the headache I thought. Appreciate that it is not something to be complacent over either though.

We did consider my USC wife moving over before me to actually reestablish a residence but ruled it out as she would not be working and the lack of health care cover was a risk we were not willing to take. The cost of paying for it also seemed exorbitant, even if it was only going to be for a few months.

I strongly suggest she go back TO THE USA with cash, and

1. get a USA bank account in her name and

2. get a lease on a residence property somewhere

BETWEEN the dates of :

1. apply for DCF'd I-130 and

2. Interview Day.

she can accomplish all within a week in the USA.

She doesn't have to 'move', per se - but -

those 2 things I mentioned? IRON-CLAD, BulletProof evidence of 're-establishing domicile in the USA' -

and is done prior to interview day.

Do it that way? the IO won't mess with ya.

[jaremedios 1]

two questions:

1. am I re-establish domicile? I moved to Mexico 8 years ago but don't have any citizenship, residency, or any ties to Mexico.

2. does a lease with my parents have to be something formal drawn up by a lawyer or can I find an informal lease online that we can just copy?