Proving domicile in the US

[jsumner86 403]

Hi all

My wife (US Citizen) filed our i-130 back in May 2013. I'm hoping there will be some news regarding this soon, so I've started research what happens after this is approved. One of my concerns is proving domicile.

Current scenario:

- We married in December 2011

- My wife was back and forth between the US and the UK from December 2011 to November 2012. Each time she entered the UK, it was as a "tourist".

- My wife obtained a temporary UK visa to live and work in November 2012- this expires in 2015, although in theory it could be made permanent at that point if she was still living here in 2015. She has been living and working here since, although she recently quit her job here in preparation to move back to the USA.

- The sole purpose of my wife getting a temporary UK visa to live and work was to be with me while I finished up with my job here in the UK and during the application process. It was always our intention to move back to the US in the near future.

- We don't own any property in the UK or in the US, we currently live in a rented premises and my wife lived with her parents prior to moving to the UK

- My wife has a valid Florida driving license, which she renewed while in the UK and voted in the last US general election

- My wife does not have a job lined up when we move back to the US, and we plan on living with her family for a month or two until we are both employed over there. At that point, we plan on renting until we know where in the US we want to live.

My concern is that we may have issues surrounding proving domicile. I'm really hoping the fact that my wife has only been living and working in the UK under a temporary UK visa for one year now will be enough for them, as there a little else we can provide as evidence. What do you guys think?

Thanks

Edited November 24, 2013 by jsumner86

[Darnell 8,478]

advanced search tool, upper right hand corner.

Search term -> 'domicile'

That's it. Read all. Then refactor the plan after reading.

[jsumner86 403]

advanced search tool, upper right hand corner.

Search term -> 'domicile'

That's it. Read all. Then refactor the plan after reading.

*sigh*. I guess I need to add a disclaimer regarding this each time I post, as it's not the first time I've had a similar response.

I've already done this, it's what I've just spent the last two hours doing. I've read as much documentation as I can right now. It's actually doing this that prompted me to post. I don't make a forum post without researching a considerable amount before hand, and never have done.

What I'm looking for are other people in similar circumstances to ours, and alternative interpretations of what the documentation says.

Edited November 24, 2013 by jsumner86

[TimandAna 37]

Did you file as DCF or inside the US?

[TimandAna 37]

Well anyways.. If your worried about proving domicile in the country then you probably can't..

My suggestion is to determine truely where you want to live.. I can sense both of you thought of staying in UK but also going to US..

1. Make a decision where to live

2. If you choose the US then the citizen needs to prepare legally. (Lease agreement, job offer, bank accounts, financial responsibilities, ect) This is usually easier if you are in the US.

3. Not only try to gather documents to show "reestablishing domicile" but also proving "proof of domicile" to guaranty no problems.

Some people have no problems with very little and some have problems unless they actually live here.. Remember they want proof (written contracts) not promises like Obama gives or stories how you was shot with Cupid's arrow and can't spend few months away from each other to prepare..

[lost_at_sea 995]

In case your search did not turn this up, London provides the following information in regards to domicile: http://london.usembassy.gov/faq_i864_domicile.html

Particularly interesting to you is likely:

As the sponsor, will I have to travel to the United States ahead of my relative to establish residence?

No, it will not be necessary for you to travel to the United States ahead of your spouse/children. However, you will be required to furnish evidence confirming the steps taken to re-establish your residence in the United States, e.g., a letter of employment, rental agreement, purchase of property, a letter from an estate agent in the United Kingdom showing the valuation of your property. Note: Your relative may not enter the United States to take up residence prior to your return to the United States. He or she may travel with you, or follow to join you at a later date

If you lack the ability to show this stuff, then your wife is probably going to need to move back to the USA ahead of you. That's the only real option.

It sounds like your wife is making the steps necessary that might match the requirements London expects (and to be honest, I've not heard of many folks having too much difficulty showing their intent to re-establish domicile with this embassy).

She should consider having the family member who is intending to have you stay with them write an affidavit attesting to that fact, and also gather up paperwork such as her P45 (for the job she's quit in anticipation of moving back) and any paperwork like jobs she's been applying for in the USA, information about movers she's contacted getting quotes for shipping your stuff back, her voters record and her driving licence (good you have that, make sure you have the paperwork). If you have kids, any documentation about finding them a new school is also really good.

Edited November 24, 2013 by lost_at_sea

[jsumner86 403]

Did you file as DCF or inside the US?

We filed inside the US, despite currently residing outside of the US. We did this because the London USCIS field office website states that we can do either. In hindsight, I'd have filed it with London as they only have a 30 day backlog. It was impossible to predict the 7 month+ backlog at the NBC at the time.

Well anyways.. If your worried about proving domicile in the country then you probably can't..

My suggestion is to determine truely where you want to live.. I can sense both of you thought of staying in UK but also going to US..

1. Make a decision where to live

2. If you choose the US then the citizen needs to prepare legally. (Lease agreement, job offer, bank accounts, financial responsibilities, ect) This is usually easier if you are in the US.

3. Not only try to gather documents to show "reestablishing domicile" but also proving "proof of domicile" to guaranty no problems.

Some people have no problems with very little and some have problems unless they actually live here.. Remember they want proof (written contracts) not promises like Obama gives or stories how you was shot with Cupid's arrow and can't spend few months away from each other to prepare..

Neither of us had any desire to permanently stay in the UK at any point. We're currently in the UK solely because of unusual circumstances with my job here. Since May, we've been in a position to move to the US, hence filing the i-130 in May 2013.

[lost_at_sea 995]

Further USCIS information can be found here: http://travel.state.gov/visa/immigrants/info/info_3183.html#3

[TimandAna 37]

Non-DCF, temporary work visa, and trying to prove domicile... Interesting.. I'm going to need read up on this and I'm curious now..

Edited November 25, 2013 by TimandAna

[lost_at_sea 995]

Non-DCF and trying to prove domicile... Interesting.. I'm going to need read up on this and I'm curious now..

Any sponsor for an immigrant who lives outside the USA has to show domicile. It's part of the I-864 requirements. Most just don't come across the requirement, as the sponsor is in the USA. See the instructions (Part 4, Item number 5): http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

My husband was also in the UK on a temporary work visa, so we had to show that it was exactly that - a temporary relocation.

Edited November 25, 2013 by lost_at_sea

[TimandAna 37]

Any sponsor for an immigrant who lives outside the USA has to show domicile. It's part of the I-864 requirements. Most just don't come across the requirement, as the sponsor is in the USA. See the instructions (Part 4, Item number 5): http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

My husband was also in the UK on a temporary work visa, so we had to show that it was exactly that - a temporary relocation.

She shows evidence of only being "temporary"

2. You are living abroad temporarily.

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

So really just need to move back and wait after the NOA2.. Then don't have to prove anything because she will be "currently" living in the US at the NVC stage.. Which is only 3-4 month wait till together again..

[Darnell 8,478]

*sigh*. I guess I need to add a disclaimer regarding this each time I post, as it's not the first time I've had a similar response.

I've already done this, it's what I've just spent the last two hours doing. I've read as much documentation as I can right now. It's actually doing this that prompted me to post. I don't make a forum post without researching a considerable amount before hand, and never have done.

Excellent !

So, you know the difference in the evidence pile, for

1. maintaining USA Residency and

2. re-establishing USA Residency

and have a great idea already for which path to take and know all of the evidence required for the path to take.

I'll posit this - if you are asking questions about the validity of the evidence to submit, then usually you not have either enough or the right type, based on the path chosen.

Luckily, thankfully, for path #2, evidence can be generated before the IV Unit Interview without leaving that foreign country.

[KazuriSana 324]

Read this thread. it should more or less work for you >> http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

[jsumner86 403]

In case your search did not turn this up, London provides the following information in regards to domicile: http://london.usembassy.gov/faq_i864_domicile.html

Particularly interesting to you is likely:

If you lack the ability to show this stuff, then your wife is probably going to need to move back to the USA ahead of you. That's the only real option.

It sounds like your wife is making the steps necessary that might match the requirements London expects (and to be honest, I've not heard of many folks having too much difficulty showing their intent to re-establish domicile with this embassy).

She should consider having the family member who is intending to have you stay with them write an affidavit attesting to that fact, and also gather up paperwork such as her P45 (for the job she's quit in anticipation of moving back) and any paperwork like jobs she's been applying for in the USA, information about movers she's contacted getting quotes for shipping your stuff back, her voters record and her driving licence (good you have that, make sure you have the paperwork). If you have kids, any documentation about finding them a new school is also really good.

Thanks lost at sea, this information is very helpful and I feel a little less concerned about the situation now.

[jsumner86 403]

She shows evidence of only being "temporary"

2. You are living abroad temporarily.

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

So really just need to move back and wait after the NOA2.. Then don't have to prove anything because she will be "currently" living in the US at the NVC stage.. Which is only 3-4 month wait till together again..

Thanks TimandAna.

Obviously my wife moving back in advance of NVC is an option, but it really would be a last resort. We've already played our part in spending months apart at a time several times over - not something we'd want to go through again unless we had no alternative.