Proving Domicile in the US

[aurora07 6]

Guys, i need your help.

How can we prove my hubby's domicile?

He studied Nursing in the Philippines for 4 years.

Nov 2007 - Went back home to the States

June 2008 - He flew to UAE to see me and have a vacation as well. Long distance is hard!

Sept 2008 - We found out I was pregnant so he decided to stay with me

Oct 2008 - He went back to the the US to tell his parents we're getting married. This was the last time he stepped on US soil and came back to UAE shortly.

Feb 2009 - We moved back to the Philippines

So you see, it's been almost 2 years since he was in the US. The last time he filed taxes was in 2008. He didn't vote either. He badly wants to go back to the US but he just can't leave me and our child. I already feel bad for him because the only reason he's staying here is me. Our child is a US citizen so they can leave anytime they want. Now the problem is proving his domicile. He took a job here in PI to provide us with our family's daily needs. How can we prove that this setting is just temporary? He doesn't have a bank account abroad (well, none that I know of), no lease either. He however, intends to go back to school in the US. Should he start applying now?

From what I've read. this is the only thing that can apply to us:

If your petitioner currently is not in the United States, and he/she is a U.S. citizen, he/she should provide a letter of intent to return with you to the United States. Petitioners who are legal permanent residents must be physically present in the United States.

Please help!

[aurora07 6]

found this one as well:

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

[Tahoma 2,291]

These links are mostly from the Direct Consular Filing Forum. I hope they help you:

Link #1

Link #2

Link #3

Link #4

[af_phils 0]

...Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools....

You answered your own question. Great if he can manage to establish these things without leaving you and you go to the states at the same time. However, we all know that it is easier said than done. It seems the majority of cases the USC is forced to leave for the US first as this is the only realistic way to establish these things.