Form I-864 Domicile Requirement Question

[gusto 0]

I've been living in Thailand four years and it sounds like I will have to establish proof that I have maintained a domicile in the US. I was going to submit bank statements as evidence of maintaining a bank account. Should I submit bank statements for the last four years? Should they be for every single month... 48 statements????

[trailmix 77]

Hi,

You have been living in a different country for four years, I think your chances of proving you are still domiciled in the U.S. are slim to none.

Domicile is not that straightforward (well it is and it isn't) when it comes to U.S. immigration. Domicile means you live there - you don't, so you cannot prove that you do. The proof that you are thinking of submitting means pretty much zero with regard to this.

For U.S. immigration purposes there are 2 types of domicile and then there is intent to reestablish domicile.

1. Actual domicile - you actually live in the U.S.

2. Temporary absence. While you live in another country, you are only there temporarily - think 'visiting' - things like applying for PR status in that country would make it almost impossible for you to prove this.

3. Reestablishing domicile. This is where you must prove that you 'intend to reestablish domicile in the U.S. no later than the intending immigrant'. So basically they are saying that, we know you don't live there - however prove to us that you are planning to move back before or with the immigrant.

You might want to look at trying to prove number 3 - after living abroad for 4 years, I don't see how you could attempt to prove anything else.

For more information you might want to check out the document below, most of the information related to domicile can be found starting at page 27

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

Edited January 4, 2010 by trailmix

[gusto 0]

I have been working as an ESL teacher in Thailand under an annual contract which I can renew, though it is temporary (1 year). While I have been in Thailand I have maintained my 'domicile' back in the US. My brothers and I share a home in Kansas which we inherited and is legally held under a trust account with a local bank under our names. Ownership of the home will be transferred to our names soon. I consider this to be my 'principal residence' though USCIS may see things differently.

1) I can submit statements in my name from the trust account showing co-ownership of the home and investments from the account in my name (I am not sure that this would qualify as 'proof of having property or investment accounts' since it is the bank which handles taxes on the home and investments in our names)

2) I can submit 'proof of maintaining bank' as I do have a checking account in my hometown which I use for trust account payments, monthly child support and other bills

3) Not sure what exactly would qualify as 'proof of having a permanent mailing address in the US' -- I do have bank statements, trust account quarterly statements and other mail that I receive at the home in Kansas.

4) I can submit evidence that 'a foreign government has authorized a temporary stay' in the form of my work permit and annual contract with a Thai government school -- though this does show that I can stay for a year, it can be renewed annually.

5) I do have other forms of evidence that prove that my stay here is temporary such as auto insurance and registration which I have renewed annually, exit and entry records on my passport (I usually return home once or twice a year for 2 weeks to one month) and I am currently enrolled halftime in online courses at a local community college.

Would any or all of these forms of documentation of suffice as evidence that I have maintained a domicile????

[trailmix 77]

Maybe.

The thing is, every consulate is different. If you were interviewing in Montreal that wouldn't fly - which is not to say it won't at the consulate in Thailand - some consulates take a harder line on domicile than others.

Hopefully someone whose beneficiary has interviewed in Thailand, who was also living there at the time, will contribute to this thread.

Good luck