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aurora07

Proving Domicile in the US

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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!


Met August 8, 2007 through a common friend
Officially a couple October 2, 2007
Married November 2008
------------------------------------------
USCIS
02/09/2010 - Receipt date on NOA1
02/16/2010 - Notice date (NOA1)
02/24/2010 - Received NOA1 in mail
04/20/2010 - Notice date (NOA2) APPROVED PETITION!
04/27/2010 - Received NOA2 in mail

NVC
04/28/2010 - AOS Bill generated
05/06/2010 - Received AOS Bill and DS-3032 in mail (New York)
05/20/2010 - Sent DS-3032 via email
05/21/2010 - Received DS-3032 form in mail (Philippines)
05/21/2010 - Paid AOS fee online
05/25/2010 - AOS fee shows PAID
05/25/2010 - NVC acknowledges DS-3032 email
05/26/2010 - IV fee generated
05/31/2010 - Paid IV fee
06/02/2010 - IV fee shows PAID
08/17/2010 - Sent AOS and DS-230 papers via 3-day air
08/25/2010 - NVC received the documents as per NVC IVR
09/18/2010 - Received checklist for I-864 forms
10/22/2010 - Sent RFE response
11/04/2010 - NVC received checklist response letter
11/14/2010 - SIF!!!! Yaaayyy!!
11/22/2010 - CC as per AVR
11/30/2010 - Received appointment letter
12/07/2010 - Medicals Day 1
12/08/2010 - Medicals Day 2 - PASSED!!!
01/04/2011 - Interview...APPROVED!!!
01/07/2011 - Received VISA
01/19/2011 - CFO Seminar
01/24/2011 - POE JFK =)

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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.


Met August 8, 2007 through a common friend
Officially a couple October 2, 2007
Married November 2008
------------------------------------------
USCIS
02/09/2010 - Receipt date on NOA1
02/16/2010 - Notice date (NOA1)
02/24/2010 - Received NOA1 in mail
04/20/2010 - Notice date (NOA2) APPROVED PETITION!
04/27/2010 - Received NOA2 in mail

NVC
04/28/2010 - AOS Bill generated
05/06/2010 - Received AOS Bill and DS-3032 in mail (New York)
05/20/2010 - Sent DS-3032 via email
05/21/2010 - Received DS-3032 form in mail (Philippines)
05/21/2010 - Paid AOS fee online
05/25/2010 - AOS fee shows PAID
05/25/2010 - NVC acknowledges DS-3032 email
05/26/2010 - IV fee generated
05/31/2010 - Paid IV fee
06/02/2010 - IV fee shows PAID
08/17/2010 - Sent AOS and DS-230 papers via 3-day air
08/25/2010 - NVC received the documents as per NVC IVR
09/18/2010 - Received checklist for I-864 forms
10/22/2010 - Sent RFE response
11/04/2010 - NVC received checklist response letter
11/14/2010 - SIF!!!! Yaaayyy!!
11/22/2010 - CC as per AVR
11/30/2010 - Received appointment letter
12/07/2010 - Medicals Day 1
12/08/2010 - Medicals Day 2 - PASSED!!!
01/04/2011 - Interview...APPROVED!!!
01/07/2011 - Received VISA
01/19/2011 - CFO Seminar
01/24/2011 - POE JFK =)

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

Link #1

Link #2

Link #3

Link #4


Tahoma and Chinook's K1 story --->> PinayKano Scrapbook

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Filed: Country: Philippines
Timeline

...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.

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