sample letter for explaining domicile in US

[jaremedios 1]

Anyone have a sample letter of the written explanation of how you meet the domicile requirement although your mailing address and/or place of residence is outside of the US? Not really sure how to word it and would appreciate any help!

[Dakine 26]

Anyone have a sample letter of the written explanation of how you meet the domicile requirement although your mailing address and/or place of residence is outside of the US? Not really sure how to word it and would appreciate any help!

Having a mailing address with USCIS outside the US isn't the best way to help establish domicile!

Edited January 31, 2010 by Dakine

[jaremedios 1]

Having a mailing address with USCIS outside the US isn't the best way to help establish domicile!

I know, but that's the truth. I am doing DCF, so I obviously live in my husband's country. It would be false information if I put my mailing address as US but live in Mexico.

Right???

[Hokie97 5]

I think what Dakine means is having a non-US address only isn't helpful for proving US domicile, not that you should lie about where you live. I maintained a PO Box in my hometown, some people use a family member. I have my US bank statements/credit cards/etc delivered to that address. Paying to maintain that will help prove your intent to return to the US. There are other threads where people have posted sample letters. Mine is almost more a list than a letter. It starts with my situation and ends with a sworn statement, but the middle is a list of all the things I've done to maintain domicile in the US - US banks, credit cards, medical license.

[Dakine 26]

I know, but that's the truth. I am doing DCF, so I obviously live in my husband's country. It would be false information if I put my mailing address as US but live in Mexico.

Right???

I definitity wouldn't lie about where you live. However one of the requirements of doing a DCF is showing you have established a place to live in the US and having a mailing address there is one of them.

I "guess" you have to show you are in the process of moving here.

[trailmix 77]

I "guess" you have to show you are in the process of moving here.

That is the key point.

There are two 'types' of domicile and there is intent to reestablish domicile (for U.S. immigration purposes):

1. You are actually physically living in the U.S.

2. You only left the U.S. 'temporarily'

3. You will reestablish domicile in the U.S. no later than the intending immigrant.

The proof for each of these is different. First you need to decide what you are trying to prove. There is no real need for a letter as such, unless you want to state what you are proving.

More information on how each of these is viewed can be seen in this document, starting on page 27

http://www.state.gov/documents/organization/86988.pdf

[jaremedios 1]

That is the key point.

There are two 'types' of domicile and there is intent to reestablish domicile (for U.S. immigration purposes):

1. You are actually physically living in the U.S.

2. You only left the U.S. 'temporarily'

3. You will reestablish domicile in the U.S. no later than the intending immigrant.

The proof for each of these is different. First you need to decide what you are trying to prove. There is no real need for a letter as such, unless you want to state what you are proving.

More information on how each of these is viewed can be seen in this document, starting on page 27

http://www.state.gov/documents/organization/86988.pdf

This is what it says in the instructions of the I-864 affidavit of support form "If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement.

This is my case. Since I'm doing DCF, my mailing address and place of residence will be my address in Mexico, but where it asks for country of domicile, I'm obviously putting USA address. I also have maintained bank accounts, a lease, and letters from a daycare where I plan to enroll my child as my "documentary evidence". All I need now is how to word the "written explanation." Anybody have a sample I can see/borrow?

[jaremedios 1]

I think what Dakine means is having a non-US address only isn't helpful for proving US domicile, not that you should lie about where you live. I maintained a PO Box in my hometown, some people use a family member. I have my US bank statements/credit cards/etc delivered to that address. Paying to maintain that will help prove your intent to return to the US. There are other threads where people have posted sample letters. Mine is almost more a list than a letter. It starts with my situation and ends with a sworn statement, but the middle is a list of all the things I've done to maintain domicile in the US - US banks, credit cards, medical license.

Hokie97, can I see your list? Or can you tell me how to find those threads with sample letters. I'm new to this whole VJ forum thing and I still can't quite figure out how to navegate through it. Thx.

[elmcitymaven 9,712]

jaremedios -- I'm still looking for my letter of explanation for you. I haven't forgotten!

[Hokie97 5]

Hokie97, can I see your list? Or can you tell me how to find those threads with sample letters. I'm new to this whole VJ forum thing and I still can't quite figure out how to navegate through it. Thx.

Here you go. I got this layout from another poster either on this board or one of the others I frequent, and modified it slightly for our circumstances. I don't know if you have to have this much, but I figured since I did, I may as well use it all, right?

I also wrote a little cover letter explaining why I was in the UK, and why we were moving back. Our initial plan was to live in the UK for up to 4 years, and then move, which is why I maintained everything, including my car. But a housing opportunity presented itself that really makes it hard to pass up going at this time.

-------

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX , am currently residing in England with my husband and his two children. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of my husband and children’s admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

[jaremedios 1]

Here you go. I got this layout from another poster either on this board or one of the others I frequent, and modified it slightly for our circumstances. I don't know if you have to have this much, but I figured since I did, I may as well use it all, right?

I also wrote a little cover letter explaining why I was in the UK, and why we were moving back. Our initial plan was to live in the UK for up to 4 years, and then move, which is why I maintained everything, including my car. But a housing opportunity presented itself that really makes it hard to pass up going at this time.

-------

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX , am currently residing in England with my husband and his two children. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of my husband and children’s admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

THANK YOU SO MUCH, Hokie97! Very helpful! But now I'm nervous because I don't have nearly as much. Did you send the cover letter you wrote with the I-864 or with your I-130 petition? Someone mentioned making an evolution of relationship timeline. Do you think it's necessary? It's not required for IR-1/CR-1 which is what we're going for. But I was thinking since I'm attaching photos and emails, it might be helpful to explain. What do you think?

And yes elmcitymaven, I'm sure you remembered. You're great like that!

[Hokie97 5]

jaremedios - You are very welcome. I don't think you *need* that much necessarily, but I had it available to me, so I included it. I did not send the cover letter with my I-130, I will take it with me to my interview with the I-864. We don't mail our documents in England, I sent a check list to the Embassy telling them I had all the documents. I will take all the proof with me when I go in person.

As far as a time line, it certainly wouldn't hurt to send one. I don't know your story, how long you've been together, etc, as to how likely you are to have to prove legitimacy. I kind of figured since we'd gone to the trouble of getting me a spousal visa to come here (and all the documentation that that required) that I don't need that type of thing to get back in the US. My thought is that hopefully the US will feel that the UK did an adequate job screening me to get into this country. I sent our photos and emails with my application to come here (England), and if they tell me they need them here, it's going to cost a fortune to print them out *again* so I'm hoping we're good on that point.

With the whole immigration process, my attitude has been, there's no such thing as too much. Except for the one form I mailed in that said "do not send anything not on this list." I'm a bit of an overachiever, but that's no guarantee in this process is it? THEY might see an overachiever as someone trying to prove something that's not real. I just thought of that. That would completely suck, so I'm going to forget I said it. Anyway, I'd like to think that if we follow the directions and are honest, then it will all turn out alright. I can't think anything else or I'd go insane with the waiting.

Good luck with everything!

[jaremedios 1]

jaremedios - You are very welcome. I don't think you *need* that much necessarily, but I had it available to me, so I included it. I did not send the cover letter with my I-130, I will take it with me to my interview with the I-864. We don't mail our documents in England, I sent a check list to the Embassy telling them I had all the documents. I will take all the proof with me when I go in person.

As far as a time line, it certainly wouldn't hurt to send one. I don't know your story, how long you've been together, etc, as to how likely you are to have to prove legitimacy. I kind of figured since we'd gone to the trouble of getting me a spousal visa to come here (and all the documentation that that required) that I don't need that type of thing to get back in the US. My thought is that hopefully the US will feel that the UK did an adequate job screening me to get into this country. I sent our photos and emails with my application to come here (England), and if they tell me they need them here, it's going to cost a fortune to print them out *again* so I'm hoping we're good on that point.

With the whole immigration process, my attitude has been, there's no such thing as too much. Except for the one form I mailed in that said "do not send anything not on this list." I'm a bit of an overachiever, but that's no guarantee in this process is it? THEY might see an overachiever as someone trying to prove something that's not real. I just thought of that. That would completely suck, so I'm going to forget I said it. Anyway, I'd like to think that if we follow the directions and are honest, then it will all turn out alright. I can't think anything else or I'd go insane with the waiting.

Good luck with everything!

Yeah, I feel the same way. I don't want to put too many documents in (that they don't ask for) that will piss them off.

But at the same time, in order to explain emails and photos to an outsider, I think a timeline will be useful. Here in Mexico, we have to mail in everything so that's why I asked. You're very optimistic! Good for you!

This whole process is stressing me out and with a 9 month old, it's the last thing I need, but it has to get done I guess. I'm hoping that I just do it properly and we have no problems along the way.

Thanks again! And good luck with your journey!

[Dara.Skara 0]

Holy #######, I only have my driver's license and a place to live when we get back. With my parents. :-/

Here you go. I got this layout from another poster either on this board or one of the others I frequent, and modified it slightly for our circumstances. I don't know if you have to have this much, but I figured since I did, I may as well use it all, right?

I also wrote a little cover letter explaining why I was in the UK, and why we were moving back. Our initial plan was to live in the UK for up to 4 years, and then move, which is why I maintained everything, including my car. But a housing opportunity presented itself that really makes it hard to pass up going at this time.

-------

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX , am currently residing in England with my husband and his two children. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of my husband and children’s admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

[klmorgan 0]

Holy #######, I only have my driver's license and a place to live when we get back. With my parents. :-/

I thought I did too, but here are a couple things I've found:

- my drivers' license

- recent tax return (I put my parents' address in the US, because all my mail goes there)

- bank statement showing my address as the US one

- debit card with billing address as the US one

- receipt of a money transfer from my husband's Korean account to my American one (billing address = US address)

- copy of a contract to work at a Korean school until only late August (since we'll be going back to the US then, hopefully)

- my parents' I-864 (they're doing a joint sponsor with me, and we'll be living at their address until we can find one of our own)

- my parents' affidavit stating that they live at their address and are willing to have my husband and I stay with them until we can find a place of our own)

Surely people do this often, especially if they are going the DCF route? Don't you HAVE to have a legal domicile in the country where you're staying in order to go DCF, as well as be a US citizen?

Anyone??