i-864 Domicile Fail

[americanska 0]

Okay, so I just had my i-864 sent back for various reasons. The biggest issue is: "The (sponsor) has not provided proof of U.S. domicile"

Here's my story (short and sweet, lol):

I am USC.

I live in Sweden with my husband.

Husband is non USC.

I have lived in Sweden for four years.

I have worked in Sweden for four years.

I earn all my income in Sweden.

I still have a US Driver's License.

I still have a US credit card.

I still have a US debit card.

I still have bank accounts in the US.

I do not own property or cars in Sweden OR the US.

I wrote all this above in my letter to stay I should be domiciled but that failed. (I did write in a nice, pretty letter).

SO, since I already bashed my head into the wall and wailed a little, what have you citizens done who live abroad to prove your US domicile?

PS - I do not have parents or relatives to "use" as an address or any such thing.

[Harpa Timsah 13,258]

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

From what I have read usually they want to see some concrete plans to move back to the US - such as a new apartment lease, new job contract. Did you have any of that?

[canadian_wife 1,823]

From Montreal, who is VERY strict on domicile, they like to see that the USC has concrete plans to move back to the US, as in a job offer, a lease or mortgage, etc.

If you cannot provide such things now, you may have to move back to the US in order to resume your visa journey

Good luck

[americanska 0]

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

From what I have read usually they want to see some concrete plans to move back to the US - such as a new apartment lease, new job contract. Did you have any of that?

From Montreal, who is VERY strict on domicile, they like to see that the USC has concrete plans to move back to the US, as in a job offer, a lease or mortgage, etc.

If you cannot provide such things now, you may have to move back to the US in order to resume your visa journey

Good luck

Thanks for info.

Yes, I am thinking of going back to the US to be able to find an apartment and get a lease signed. I have no idea how long the visa process takes now (DCF is over - used to be one month); so it's never been my intentions to go back first to the states (which also means quitting my job right now). Home owning will be impossible since we're moving to the Bay.

Does anyone know if it would be acceptable to get a lease that starts in the future, i.e. March 1st or April 1st? Or do I need a lease that starts right now? (Since a job offer start date would start in the future...figured the same with a lease)

No, no job yet in the US. Have started looking but no one wants to interview someone who's abroad. *sigh*

[canadian_wife 1,823]

Ask yourself, if you two were to board a plane right now where would you live? What would you do for money?

It is probably a good idea that you start thinking about these things, honestly - where do you plan on living when you eventually move to the US?

Good luck

[yachachiq12 43]

You might not even have to show that you have signed a lease, secured a job, etc. When I (USC) was living abroad at the time of our I-864 filing, I just showed that I had corresponded about jobs and corresponded about housing, in addition to having temporary housing upon arrival. I included a slew of other documents as well, but I don't know that you must have concrete plans in order to show you're either re-establishing domicile or have maintained domicile (careful: those are two separate concepts, so pick one and go with it).

[americanska 0]

Ask yourself, if you two were to board a plane right now where would you live? What would you do for money?

It is probably a good idea that you start thinking about these things, honestly - where do you plan on living when you eventually move to the US?

Good luck

True.

We know exactly where we're moving (my old hometown). And both of us have already started applying for jobs in the area. We just weren't planning on finding a lease and spend 1-3K a month on an apartment we don't know when we'll move into.

[Harpa Timsah 13,258]

DCF is indeed over, but the latest trend in I-130 petitions filed when the petitioner lives abroad is that the petitions are being approved quickly - like 1-2 weeks. There is still NVC stage, etc, but overall the process is still much quicker than a I-130 spousal visa route when the petitioner is in the US. I would think a lease starting in the near future would be a very good start. Good luck.

[yachachiq12 43]

True.

We know exactly where we're moving (my old hometown). And both of us have already started applying for jobs in the area. We just weren't planning on finding a lease and spend 1-3K a month on an apartment we don't know when we'll move into.

I'd start printing out emails that relate to both housing and employment and make a case for re-establishing domicile. You have to show "intent" and that would be it.

[aaron2020 11,651]

Thanks for info.

Yes, I am thinking of going back to the US to be able to find an apartment and get a lease signed. I have no idea how long the visa process takes now (DCF is over - used to be one month); so it's never been my intentions to go back first to the states (which also means quitting my job right now). Home owning will be impossible since we're moving to the Bay.

Does anyone know if it would be acceptable to get a lease that starts in the future, i.e. March 1st or April 1st? Or do I need a lease that starts right now? (Since a job offer start date would start in the future...figured the same with a lease)

No, no job yet in the US. Have started looking but no one wants to interview someone who's abroad. *sigh*

Another issue aside from your domicile is how you are going to show that you earn enough to meet the 125% poverty level required to petition for your husband. Your job in Sweden will not count because you are leaving that position when you move back to the US. This leaves you with no job in the US which means your income is zero for the purpose of the I-864. You will need to find a joint sponsor - a US citizen or LPR who is willing to put himself/herself on the line for your husband.

Edited January 23, 2012 by aaron2020

[americanska 0]

DCF is indeed over, but the latest trend in I-130 petitions filed when the petitioner lives abroad is that the petitions are being approved quickly - like 1-2 weeks. There is still NVC stage, etc, but overall the process is still much quicker than a I-130 spousal visa route when the petitioner is in the US. I would think a lease starting in the near future would be a very good start. Good luck.

The whole process in 1-2 weeks??!

We're in month 4 (2 months USCIS, 2 months NVC) and have been submitting paperwork just a couple weeks after receiving a response to pay or submit something.

I'd start printing out emails that relate to both housing and employment and make a case for re-establishing domicile. You have to show "intent" and that would be it.

Good idea. I'll contact some real estate agents on helping us find an apartment.

And get my interviews sorted out. Should have my husband get his interviews sorted out too (just as a bonus).

Another issue aside from your domicile is how you are going to show that you earn enough to meet the 125% poverty level required to petition for your husband. Your job in Sweden will not count because you are leaving that position when you move back to the US. This leaves you with no job in the US which means your income is zero for the purpose of the I-864. You will need to find a joint sponsor - a US citizen or LPR who is willing to put himself/herself on the line for your husband.

That's not an issue. I can establish the 125% through my assets (3x or 5x whichever way they way).

Edited January 23, 2012 by americanska

[Harpa Timsah 13,258]

The whole process in 1-2 weeks??!

Not the whole process, just the USCIS petition part. Yours lasted 2 months - still much faster than the typical 5+ months for that stage.

[americanska 0]

Not the whole process, just the USCIS petition part. Yours lasted 2 months - still much faster than the typical 5+ months for that stage.

Definitely better than the 5 months.

[pushbrk 12,968]

Okay, so I just had my i-864 sent back for various reasons. The biggest issue is: "The (sponsor) has not provided proof of U.S. domicile"

Here's my story (short and sweet, lol):

I am USC.

I live in Sweden with my husband.

Husband is non USC.

I have lived in Sweden for four years.

I have worked in Sweden for four years.

I earn all my income in Sweden.

I still have a US Driver's License.

I still have a US credit card.

I still have a US debit card.

I still have bank accounts in the US.

I do not own property or cars in Sweden OR the US.

I wrote all this above in my letter to stay I should be domiciled but that failed. (I did write in a nice, pretty letter).

SO, since I already bashed my head into the wall and wailed a little, what have you citizens done who live abroad to prove your US domicile?

PS - I do not have parents or relatives to "use" as an address or any such thing.

"Writing all this" is not "evidence". Did you provide a copy of the Driver License, and evidence of the bank accounts? That might be enough. I would try that first. If it's not enough, you'll need to establish a domicile. A lease agreement for the near future should do it if it can be arranged, but I would try sending "evidence" first.

If you are providing an I-864, this is not a K3 case. It would be CR1 or IR1.

Edited January 24, 2012 by pushbrk

[Darnell 8,478]

please remember is huge difference between:

1. proving up current Domicile in the USA for a returning expat and

2. proving up the re-establishment of Domicile for a returning expat.

The link given up above , early on, should be required reading for you. As yer reading it, when you read each post there, try to differentiate between 1 and 2 for each of the posters there. Reread all if you think it's needful.. Or take a Socratic approach to it, read it many times, getting the 2nd meaning on the 2nd reading..

The issues to cover, the things to prove up, are different, 1 vs 2.

Should you go back to USA to finish up? I say it's not needed, if you can handle the right amount o evidence for #2.

As a start, please review all that you submitted into NVC, distinguishing between 1 and 2, then go over your list that you've put here, distinguishing between 1 and 2. Then, going forth, cover all for #2, with yer submittal into NVC . Generate New Stuff, as needed.

Good Luck !

Edited January 24, 2012 by Darnell