Proving Intent to Re-establish Domicile without a Residence

[LoveExile 27]

My husband an I are currently living in Holland together and we have submitted a stand-alone I-130 so we can do Consular Processing from abroad. We both have jobs in Holland, and in the interest of financial security, we don't want to give them up until his immigration visa is approved. I do not want to have to go back to the U.S. before him and set up a residence because there's no way to know how long the IV process will take. We don't want to go to the trouble and expense of buying a house just to abandon it for months and months. We likewise don't want to rent an apartment for the same reason.

Some have suggested that we use my parents' address for the I-864, but they live in Montana and we are moving to Maryland. If we have no intention of living with them, would it be illegal/immoral to use my parents' address for the I-864? We certainly could live with my parents if we had no choice, but that is not our intention.

Does anyone have any advice about proving intention to re-establish domicile without actually flying to the U.S. and renting/buying something? We have no kids, so we cannot register them in school. We have jobs in Europe, so we will not have jobs lined up in America. We do not have friends that would be willing to sign a lease that we would live with them (plus, we would not intend to live with them as we would buy a place when we arrive, so that would be dishonest anyway). I will register to vote and get a P.O. Box, but other than that I am out of ideas.

It seems like an awful lot of trouble just to have an address to put on a form. I wish I could just put "we will get an address when we can move together legally".

Edited November 5, 2013 by LoveExile

[Blueberry Pancake 311]

From NVC November thread: http://www.visajourney.com/forums/topic/463192-nvc-filers-november-2013/

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME
SOCIAL SECURITY NUMBER
FORM I-1864
No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. 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 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 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 spouse'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

Thanks to VJ member lemayz for this suggestion!

[LoveExile 27]

Thanks for your reply, Blueberry Pancake, but this does not apply to me since I do not have a permanent U.S. address, a U.S. driver's license, children to enroll in school, parents taking care of my car, or most of those things listed. I've been in Holland for almost 5 years, so many simply do not apply to me. The only reason I left the U.S. at all was because DOMA would not allow me to live with my husband legally there, so I don't consider myself an "expat" but more an "exile".

I do have a bank account in the U.S., but the address for it is my parent's address and not my permanent U.S. address (which I don't have).

Could I consider my parents' address to be my "permanent U.S. address" for this purpose?

[burnabrenna 19]

I would put down your parents' address for now, especially since your bank account uses that address. We did the same thing because I'm living in Canada right now (temporarily, but same concept), and we didn't have a house or apartment or anything lined up when we started the paper work. When we went to our interview they asked us if we were still intending to live at that address, so we had her change it to an apartment we lined up. Could you get a family member to go check out possible apartments for you and send you back the info? We signed a lease for an apartment after my mom went and looked at it for us, so we've never even seen it yet.

[Penguin_ie 5,993]

Well, where *do* you intend to live when you move? Ie in a hotel, or do you intend to use the 6 months he has to use the visa after it is issued to buy a house, or what? Since you intend to buy, even though no contracts are signed, show proof of this- correspondance with realtors, maybe a visit over to view some houses.... once the I-130 is approved, you will have a better idea of timeline and could start making offers on houses too, as that process, like the visa, will take some time.

[LoveExile 27]

I would put down your parents' address for now, especially since your bank account uses that address. We did the same thing because I'm living in Canada right now (temporarily, but same concept), and we didn't have a house or apartment or anything lined up when we started the paper work.

Would this be okay for me to do even though my parents live in Montana and my husband and I will live in Maryland? My main concern is saying something that USCIS will perceive to be a lie.

Well, where *do* you intend to live when you move? Ie in a hotel, or do you intend to use the 6 months he has to use the visa after it is issued to buy a house, or what? Since you intend to buy, even though no contracts are signed, show proof of this- correspondance with realtors, maybe a visit over to view some houses.... once the I-130 is approved, you will have a better idea of timeline and could start making offers on houses too, as that process, like the visa, will take some time.

Once the Immigration Visa is approved, my husband and I will search for a house from Europe and fly in to buy it. Once that's done we'll arrange for shipment of our furniture, quit our jobs, cancel our contracts in Holland, etc. and then repatriate for good.

It will be such a happy day when we arrive in the U.S. and I know that we won't have to leave again!

[EdinErvina 2]

I just read the previous posts, but my question is:

I will be going to the States in June for work and I will use the time to set up some things to prove domocile. But now I am not sure what to do. I can get a Drivers License in the state I lived before I will use my friends address. But we also do not plan to live in that state will it be alright to do that then. The important thing is to get a valid drivers license in any state so I can prove I domocile. I also will be getting a account at a US bank account.

[NikLR 13,227]

Would this be okay for me to do even though my parents live in Montana and my husband and I will live in Maryland? My main concern is saying something that USCIS will perceive to be a lie.

Once the Immigration Visa is approved, my husband and I will search for a house from Europe and fly in to buy it. Once that's done we'll arrange for shipment of our furniture, quit our jobs, cancel our contracts in Holland, etc. and then repatriate for good.

It will be such a happy day when we arrive in the U.S. and I know that we won't have to leave again!

You may be asked at the interview to provide more concrete plans than this. If they ask such a thing, it will be a 221g and your visa approval will be delayed until you provide it. You can easily apply for jobs, search for a home, (line up a rental) etc... You only have 6 months from the medical date in which to move after the visa is approved. Are you using assets for the I-864? You may be required to provide proof of being able to support yourselves in US funds until such a time as you can get a job or home.

Yeah separation for any period of time sucks, but you may want to think about it for a month or two before the interview to secure plans for your FUTURE in the USA.

Edited April 24, 2016 by NLR

[EdinErvina 2]

I understand that, but I am not sure when they will approve our I130 so I am using the time to get those things ready I can. I can not rent anything yet since we just flied in February of this year.

[NikLR 13,227]

I understand that, but I am not sure when they will approve our I130 so I am using the time to get those things ready I can. I can not rent anything yet since we just flied in February of this year.

You're not the OP and I wasn't talking to you with my post. I will edit my post for clarity.

Edited April 24, 2016 by NLR

[EdinErvina 2]

Sorry about that.

[NikLR 13,227]

Sorry about that.

It's okay, but if you have a question, even if it's related to the question being asked, you should start your own thread.

[Penguin_ie 5,993]

**** thread locked. Please start your own questions for your own threads, and pay attention to the date of the Op, as policies often change *****