reestablishing domicile or temporarily living abroad?

[newby2 0]

Hi

Finally got our interview date today and are getting the last bits & pieces together.

I was wondering - we have lived in London for almost 3 years now so does that mean my husband (USC) needs to prove that he is just living abroad temporarily OR that he is reestablishing domicile? Or both?

It says that there are different sort of supporting documents for the two - which one do we go by?

Many thanks!

[trailmix 77]

Hi,

Not both. Really only you can decide what he is going to prove. What evidence do you have that he only left the U.S. temporarily? Does he have any proof that says he: (from 9 FAM 40.41 page 28)

1) Departed the United States for a limited, and not indefinite, period of time;

2) Intended to maintain a U.S. domicile at the time of departure; and,

3) Can present convincing evidence of continued ties to the United States.

If so, then perhaps that is the way to go, but after an absence of 3 years you are probably better off just proving you are reestablishing domicile, in my opinion.

[newby2 0]

Hi,

Not both. Really only you can decide what he is going to prove. What evidence do you have that he only left the U.S. temporarily? Does he have any proof that says he: (from 9 FAM 40.41 page 28)

1) Departed the United States for a limited, and not indefinite, period of time;

2) Intended to maintain a U.S. domicile at the time of departure; and,

3) Can present convincing evidence of continued ties to the United States.

If so, then perhaps that is the way to go, but after an absence of 3 years you are probably better off just proving you are reestablishing domicile, in my opinion.

Thanks! He has evidence for both I think.

For just temporarily living abroad he can show

- his voting record

- bank statement

- drivers license

- mailing address at his moms house

For reestablishing he could show

- confirmation of him taking college classes from end of Aug

- booked plane ticket

So not sure which one to do.. What does everyone think?

[trailmix 77]

Go with reestablishing domicile. I don't think the evidence you have of a temporary absence is sufficient. Most people who are U.S. citizens living abroad would have that.

But that's just my opinion. Some consulates do not really take a hard line on domicile, but you might want to beef up the reestablishing proof a bit. All of the items you have that you list as proving temporary absence can be used as secondary evidence for reestablishing domicile.

Edited July 7, 2010 by trailmix

[newby2 0]

Go with reestablishing domicile. I don't think the evidence you have of a temporary absence is sufficient. Most people who are U.S. citizens living abroad would have that.

But that's just my opinion. Some consulates do not really take a hard line on domicile, but you might want to beef up the reestablishing proof a bit. All of the items you have that you list as proving temporary absence can be used as secondary evidence for reestablishing domicile.

Thanks, thats very helpful! Will go for reestablishing and use all evidence then!

Thanks!

[kaffy 2]

We did both and it was fine (my husband had been away from the US 4 years when we filed)