Here’s yet another proving domicile post, with a twist!
I’m arguing for having maintained domicile in the USA, despite 3 years abroad!
Here’s what I’ve got, your feedback would be greatly appreciated. Trying to avoid an RFE/Checklist of course! :)
Three years ago I put all my stuff into storage in a 10x30’ locker, packed the rest into 3 suitcases, moved to Venezuela and got married. I sold my car to fund it all. I have no house. The original plan was to stay in Venezuela only until the visa came through in 9-12 months. But we decided to stay longer in her home country while we got our marriage fully established. As many here know, changing countries can be rather stressful!
Fast forward in time. It’s now been three years, we’re ready to move back and coming into the home stretch at the NVC. The big question of domicile. My argument is different. Despite three years having passed, my argument is for having maintained domicile in the USA. I never intended to stay as long as I did, and I’ve never taken measures to settle or establish a life here. The last 3 years have essentially been in “limbo”.
We are essentially poor and broke. My uncle is sponsoring affidavit of support, a good friend is making his spare bedroom and car available to us when we land, and from there, we get to work hard and claw our way up. It seems many of the “proving domicile” things I read assume at least a middle level of income, assets, or family, which don’t apply in my case.
My arguments for having maintained domicile in the USA:
1.Domestic USA Bank Accounts
a. I have accounts with three banks in the USA, including one I pay $15 monthly for.
2.Foreign Bank Accounts
a. I did not file a Report of Foreign Bank and Financial Accounts (FBAR) with the IRS.
b. I never opened any foreign bank accounts.
c. I never applied for a foreign credit card.
d. I do not have my name on any joint accounts.
e. I have ZERO banking presence here. I have ZERO foreign assets.
a. I never shipped my personal belongings to Venezuela, I took only what fit in a suitcase on the plane.
b. I have maintained a 10’x30’ storage locker ($75 monthly expense) with all of my personal belongings, including furniture, books, clothing, electronics, artwork, and tools.
i.Problem here in proving this. I have a copy of the original contract from 3 years ago, but I don’t have receipt payments. I have been sending money to a friend via PayPal every few months, and my friend sends a check to the storage facility. Should I ask my friend for copies of his canceled checks, and combine that with copies of my PayPal statements? Or is the original contract enough…..
4.I’m here on a TR-FV Visa – (transeúnte familiar)
a. Transient, temporary family visa, limited to one year (extensions available and applied for)
b. Not a resident, no rights as such.
a. US Drivers license renewed in October, 2014 during my only visit home.
b. Never applied for Venezuelan drivers’ license.
My arguments for returning to domicile in the USA:
1. Errm…… none.
2. No apartment rental contract, no school applications for the kids we don’t have. No moving quotes for the stuff already back in storage in the USA, No job offers, and no housing search for the house we can’t afford.