Domicile of sponsor contradicts DCF

[ImminentImmigrant 1]

The wife (a US CItizen) has been with me in India for over a year. She filed an i-130 which was approved and we are now filling the i864 and have scheduled an interview. She is a recent college graduate with no income to her name in USA, so her father is going to be the co-sponsor. 

The i864 FAQ's (link) say the following - 

 

Quote

 

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor?

No, U.S. law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

 

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

 

To file i-130 from abroad, she had to show she is a resident of India (the country we're in). Doesn't that mean she isn't domiciled in USA? If asked, we will say we intend to stay in USA henceforth, which is the truth. Am coming up short in paperwork to show that. She has no job offer in the United States. However, her entire family stays there, including the co-sponsor (her father). Would that count as proof of intent to domicile there?
Or does the quoted requirement not apply to DCF cases?

Thanks!

 

[geowrian 22,335]

To file the I-130 she needs to live abroad, sure. But she must either establish US domicile before the visa can be issued (even before the interview to avoid a 221g), OR she can show sufficient intent to establish US domicile.

 

Where a joint sponsor lives has nothing to do with her domicile. She needs must either establish domicile by living in the US first, or take actions to show that she intends to live in the US - housing arrangements, a job offer, etc. There's a section on domicile in the NVC guide (I know you're not going through NVC, but the domicile part is the same): http://www.visajourney.com/wiki/index.php/NVC_Process. There's also many threads on domicile here on VJ to look through. How strict they are on this varies from embassy to embassy, CO to CO.

[ImminentImmigrant 1]

So in the DS-260, they asked, "Is your spouse immigrating to the U.S.with you?", to which I replied, "Yes".

In your opinion would the above, coupled with the fact that she still has pays monthly for her T-mobile US number, has filed US Taxes every year, and can show email/facebook correspondence with friends in USA, be proof of intended domicile? This is scary.

[Jorge V 195]

Someone may correct me, but I believe the answer to the "Is your spouse immigrating to the U.S.with you?" question is actually "No". My wife and I recently got our visa approved via DCF and we answered "No" after researching. The reasoning is because the US Citizen is not immigrating, they are simply moving back home. Only those who are moving to the US as new immigrants for the first time are actually immigrating.

 

As far as the domicile question, our evidence consisted of a moving quote, my US bank accounts (I never closed them while living abroad), my driver's license (I kept it), a phone bill, and a letter from my mom allowing us to live with her for a few weeks once we arrived.

Edited November 9, 2017 by Jorge Valdivia

[geowrian 22,335]

4 hours ago, ImminentImmigrant said:

So in the DS-260, they asked, "Is your spouse immigrating to the U.S.with you?", to which I replied, "Yes".

In your opinion would the above, coupled with the fact that she still has pays monthly for her T-mobile US number, has filed US Taxes every year, and can show email/facebook correspondence with friends in USA, be proof of intended domicile? This is scary.

It should have been "No". Your spouse is a USC, so the US is not a foreign country for her and therefore she is not immigrating there.

 

The US phone account and taxes are good pieces of evidence, but are likely insufficient in themselves. The communication with friends has no impact on domicile. How long has she lived abroad?

 

From the guide linked to above, below are some examples to show domicile. No single piece is sufficient....it's based on the totality of the circumstances.

• 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

[ImminentImmigrant 1]

11 hours ago, Jorge Valdivia said:

Someone may correct me, but I believe the answer to the "Is your spouse immigrating to the U.S.with you?" question is actually "No". My wife and I recently got our visa approved via DCF and we answered "No" after researching. The reasoning is because the US Citizen is not immigrating, they are simply moving back home. Only those who are moving to the US as new immigrants for the first time are actually immigrating.

 

As far as the domicile question, our evidence consisted of a moving quote, my US bank accounts (I never closed them while living abroad), my driver's license (I kept it), a phone bill, and a letter from my mom allowing us to live with her for a few weeks once we arrived.

You're right, I have filled that incorrectly. That's a great idea, who did to get a moving quote from? Was it an official quote or just email correspondence? 

[ImminentImmigrant 1]

11 hours ago, geowrian said:

It should have been "No". Your spouse is a USC, so the US is not a foreign country for her and therefore she is not immigrating there.

 

The US phone account and taxes are good pieces of evidence, but are likely insufficient in themselves. The communication with friends has no impact on domicile. How long has she lived abroad?

 

From the guide linked to above, below are some examples to show domicile. No single piece is sufficient....it's based on the totality of the circumstances.

• 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

 

She has been out of USA since almost a year. We will include all of the above proofs that apply. Also, she has been emailing admissions officers of various Master's programs in her field. Thinking of printing out that email correspondence. Wondering what the best way to show on paper that we are hunting for apartments to rent out would be. 

Thanks for the help!

[Jorge V 195]

4 minutes ago, ImminentImmigrant said:

You're right, I have filled that incorrectly. That's a great idea, who did to get a moving quote from? Was it an official quote or just email correspondence? 

It was pretty informal. I called up a moving company and they sent a PDF quote via email. I printed the quote and took that. 

[geowrian 22,335]

21 minutes ago, ImminentImmigrant said:

She has been out of USA since almost a year. We will include all of the above proofs that apply. Also, she has been emailing admissions officers of various Master's programs in her field. Thinking of printing out that email correspondence. Wondering what the best way to show on paper that we are hunting for apartments to rent out would be.

Only a year? Shouldn't be too bad...she probably still has bank accounts, credit cards, etc. The other items are all helpful as well. The communications with admission officers is fine to include as well. Anything that indicates she really intends to live in the US is good to add. The same goes for apartments...contact landlords in the area you are looking at and show that communication.

 

Good luck!

[Nitas_man 3,100]

On ‎11‎/‎9‎/‎2017 at 1:30 PM, ImminentImmigrant said:

So in the DS-260, they asked, "Is your spouse immigrating to the U.S.with you?", to which I replied, "Yes".

In your opinion would the above, coupled with the fact that she still has pays monthly for her T-mobile US number, has filed US Taxes every year, and can show email/facebook correspondence with friends in USA, be proof of intended domicile? This is scary.

That's what I did. 

She needs a residence.  Tied to something like a drivers license, etc.  Close family will do - wherever her T-Mobile bill, bank account, etc is addressed to.

[Nitas_man 3,100]

20 hours ago, geowrian said:

It should have been "No". Your spouse is a USC, so the US is not a foreign country for her and therefore she is not immigrating there.

 

The US phone account and taxes are good pieces of evidence, but are likely insufficient in themselves. The communication with friends has no impact on domicile. How long has she lived abroad?

 

 

I think he's ok.  I did that too - put me, my wife, and our kiddos all as immigrating back - but she's the only immigrant.  They're really picky about that "USC has to precede or accompany you to the US" rule on DCF/returning resident

[NikLR 13,220]

45 minutes ago, Nitas_man said:

I think he's ok.  I did that too - put me, my wife, and our kiddos all as immigrating back - but she's the only immigrant.  They're really picky about that "USC has to precede or accompany you to the US" rule on DCF/returning resident

Which is incorrect.  A USC cannot "immigrate" to the USA.  Will it cause it to be denied? No. 

[ImminentImmigrant 1]

Thanks for the clarifications everyone. Wish they allowed us to amend the DS-260 after submission. Realized I made another possible error, which hopefully is non-critical.

In the question "Have any of your U.S. visas ever been cancelled or revoked?", I answered  "No". However, I have voluntarily abandoned a previous Green Card (obtained through the same spouse).  According to another discussion, handing back a green card still counts as it being revoked/cancelled.
 

Edited November 10, 2017 by ImminentImmigrant
grammar

[geowrian 22,335]

6 hours ago, Nitas_man said:

I think he's ok.  I did that too - put me, my wife, and our kiddos all as immigrating back - but she's the only immigrant.  They're really picky about that "USC has to precede or accompany you to the US" rule on DCF/returning resident

I concur...I think he's okay as well. I think it's an incorrect answer, but not impactful on the visa for his circumstances. It's really more designed for derivatives.

 

4 hours ago, ImminentImmigrant said:

In the question "Have any of your U.S. visas ever been cancelled or revoked?", I answered  "No". However, I have voluntarily abandoned a previous Green Card (obtained through the same spouse).  According to another discussion, handing back a green card still counts as it being revoked/cancelled.

I think you're fine again...a green card is not a visa.

Edited November 10, 2017 by geowrian

[Nitas_man 3,100]

23 hours ago, ImminentImmigrant said:

Thanks for the clarifications everyone. Wish they allowed us to amend the DS-260 after submission. Realized I made another possible error, which hopefully is non-critical.

In the question "Have any of your U.S. visas ever been cancelled or revoked?", I answered  "No". However, I have voluntarily abandoned a previous Green Card (obtained through the same spouse).  According to another discussion, handing back a green card still counts as it being revoked/cancelled.
 

We also voluntarily surrendered a green card a few years ago and also answered No to that question.  The only yes was "refused a visa" because back when we first got married we tried to get a B visa while the petition was processing and it was summarily denied.  I think you're OK.