Domicile requirements

[lemayz 2]

Hello dear VJers,

You have been so helpful up to now, so I'm hoping you will be able to help me out with another issue.

I am starting to look ahead to the form I864, Affidavit of Support, and am a bit unclear on the issue of the domicile requirements. I have been living in Chile for the past 5.5 years; first do to a Masters Degree and then working.

If I try to prove that I have been living abroad temporarily, I have the following documents:

1. 2 bank accounts (can provide statements)

2. A credit card (can provide statements)

3. My valid US Drivers License

4. A car title in my name

5. Tax returns I have filed in the US for all of the years I have been abroad

6. Mail received at a US address (my parents' address)

I DO NOT, however, having a voter registration card. Now, would all of these documents be sufficient to show that my leave has been temporary? And how many years can "temporary" be?

I realize that the other option is to show that I am taking steps to reestablish my domicile, but I really don't see how I would do that. Our plan was to leave whenever we got the visa, stay with my parents while we looked for jobs and got stable incomes, and then rent an apartment and live on our own.

Any thoughts on what to do in my case? We will be going to an interview at the Santiago, Chile Embassy, and I haven't seen anything on how they deal with that issue here. I've seen that in Montreal for example they are VERY picky about this, but have no idea about our circumstances....

Thanks!!

[Darnell 8,479]

the other label you might be wearing is

'returning expat'

so be prepared to prove up, by interview day,

intention of re-establishing USA domicile.

There is huge difference between:

1. proving you have a USA domicile vs

2. proving you are re-establishing a USA domicile.

For most, it's easier to prove up that one is re-establishing a USA domicile.

The evidence you have is for #1, so far -

IMO, what's missing is USA income, W-2 income, on either - so be prepared to get a Co-Sponser.

[gad33 47]

As Darnell says decide on whether you are reestablishing domicile or proving that you have USA domicile. I read every post in the Canada forum about proving domicile and it seems that problems arose when the USC had PR in Canada but tried to prove they had US domicile rather than proving reestablishing domicile.

We have lived in Canada for 6 years and file Canadian taxes and US taxes are filed as living overseas. We do not have the convenience of parents we could live with and do not have an address in the US - but hubby does have a job in the US.

As you will be staying with your parents, they can draw something up to show that you will be living there thus you have established an address. I understand that Montreal is the pickiest embassy as to how this is documented. For the i-864 you have to send documentation to show that you have domicile or are reestablishing, whichever you have chosen. We did not have a US address or voters record but our proofs of reestablishing domicile were accepted at NVC level but it is pretty likely that Montreal will want more. But that is Montreal and Chile is very likely to be different.

And if you do not have assets for support you will need a co sponsor as you do not have a US job

[lemayz 2]

Hi,

Thanks to both of you for your responses. As you both mentioned, I do need a co-sponsor, and that will be my father, who fulfills all of the requirements.

I also realize that proving domicile and re-establishing domicile are different, but I am trying to figure out what is most convenient to do at this point. I think re-establishing domicile would be much more difficult for me, because I don't plan on getting a job or signing any leases until we are back in the US.

But I am wondering if 5 years is too long to "prove domicile in the US" and to say that I have been abroad only "temporarily." Also, as you can see, I don't have any property/housing in the US, so I think that may make it more difficult as well.

So, Darnell, you are saying that to the NVC I should send my documentation for #1 (proving US domicile) and then when I go to the interview have more documents for "re-establishing"?

Thanks again!

[gad33 47]

Hi,

Thanks to both of you for your responses. As you both mentioned, I do need a co-sponsor, and that will be my father, who fulfills all of the requirements.

I also realize that proving domicile and re-establishing domicile are different, but I am trying to figure out what is most convenient to do at this point. I think re-establishing domicile would be much more difficult for me, because I don't plan on getting a job or signing any leases until we are back in the US.

But I am wondering if 5 years is too long to "prove domicile in the US" and to say that I have been abroad only "temporarily." Also, as you can see, I don't have any property/housing in the US, so I think that may make it more difficult as well.

So, Darnell, you are saying that to the NVC I should send my documentation for #1 (proving US domicile) and then when I go to the interview have more documents for "re-establishing"?

Thanks again!

No you are either reestablishing domicile or you are proving US domicile because your absence was temporary. You don't try to do one for NVC and then another at the interview as that is where people have had problems.

All the docs we sent to NVC were for reestablishing domicile and were accepted but we do have to get a US address before the interview. But you have a US address where you will be living - your parents - for Montreal people have produced formal leases for living at their parents, other embassies have accepted a letter from parents saying they are providing accommodation. As I do not know anyone who has gone through Chile, I do not know what the embassy likes to see.

[Darnell 8,479]

So, Darnell, you are saying that to the NVC I should send my documentation for #1 (proving US domicile) and then when I go to the interview have more documents for "re-establishing"?

Yup.

simple things like:

1. letter from house owner stating you and yer lass will live there

2. rental agreement from house owner

3. job offer letter from a future employer.

4. plus the other stuff you've listed.

Good Luck !

[Clark--Kent 4]

How do you choose to prove your domicile is in America OR you are re-establishing your domicile?

There is no specific place where you do either.

I think most of the evidence would overlap and it's always better to send more than less, so there isn't anything you would exclude because you are attempting to do one or there other.

In the letter I wrote explaining all of the included domicile evidence with my AOS, I wrote this at the end:

"If this evidence is not enough to support that I have maintained a domicile in the United States, I believe that it proves, at the very least, that I will reestablish my domicile when my wife is admitted into the country with an immigrant visa."

So it would appear that I took an either/or approach to the domicile requirement and sent in everything I could that would work for either. My AOS was approved in 2 days at NVC and I assume it will not be a problem at the interview (all reviews of Tokyo have said it's very lax concerning domicile - basically you just have to say that you are moving home together...other consulates maybe not so much).

[Gaijinsan 3]

If I try to prove that I have been living abroad temporarily, I have the following documents:

1. 2 bank accounts (can provide statements)

2. A credit card (can provide statements)

3. My valid US Drivers License

4. A car title in my name

5. Tax returns I have filed in the US for all of the years I have been abroad

6. Mail received at a US address (my parents' address)

Certainly based on the guidance this should be sufficient, and then some.

Any thoughts on what to do in my case? We will be going to an interview at the Santiago, Chile Embassy, and I haven't seen anything on how they deal with that issue here.

Additional evidence at the interview that shows that you are indeed winding down your ties in Chile might be helpful. (Job resignation letter, lease termination letter, moving estimate, etc.) It certainly wouldn't hurt to bring that along.

My AOS was approved in 2 days at NVC and I assume it will not be a problem at the interview (all reviews of Tokyo have said it's very lax concerning domicile - basically you just have to say that you are moving home together...other consulates maybe not so much).

I don't know how much NVC exmaines the domicile issue (never had to deal with them, fortunately), but I suspect they just leave that area largely to the consular officer to decide in totality with the whole situation.

You're right, Tokyo is very easy (at least in our case it was). Santiago, based on a cursory glance at reviews posted here, seems like it will also be easy (no one mentioned domicile at all in 50 reviews I did a quick search in). I think if the OP has the above there will be no problem. In the worst case, they'll have to supply some additional evidence, so it's not a one-strike-and-you're-out kind of deal.

[Darnell 8,479]

ya, although NVC handles INTAKE, and looks at GROSS AREAS on income and whatnots -

ultimately it's the decision of the Visa Officer at the IV Unit at the Embassy - to review what is in the casefile, and make that determination.

Makes me sweat, when I think of it.

[lemayz 2]

Thanks so much, everybody, for your feedback!

So it sounds like the best thing is to send all of the documents I mentioned above, and then when it is time for the interview, provide some more concrete evidence of "reestablishing." However, I don't think I'll have the lease termination or job termination letters yet, seeing as how we were planning on taking about 4 months after the visa is ready to actually get up and go.

Thanks again!