AOS proof of domicile catch-22

[bellsbells 3]

Hello everyone. I've am a US citizen living in France and married to my French husband for 13 years. We have 2 kids. Until recently we thought we might stay in France indefinitely, but we have decided to move back to New York to be closer to my aging parents. I work for a publishing company based in Germany and work from home, so I can continue to do my job from NY—so this means I don't have any way to prove that I have a job offer in the US or am being transferred. Our kids are not registered in US schools yet because this cannot be done in NYC until you can provide residency in the school zone. We cannot afford to get a lease on an apartment before moving, because it would require paying double rent there and here in France and we can't afford it. I do have a moving quote, but it's several pages long and all in French (a real b*tch to translate), and besides, anyone can get a moving quote so is that really useful?

So this is a catch-22 for us—we need to prove we are moving there but we need to have moved before we can prove it... If I write a letter along with the AOS to explain our situation, is there a good chance they will accept that? From what I gather from reading posts here, probably not....

There is also the other option of taking the domicile in the US route. I do still have a US bank account, current driver's license, and mailing address (my parents' house). I just declared my US income taxes for the first time (though I'm exempt from paying because my tax home is France). The problem with this option is that the fact that I lived abroad 13 years and my tax home is in France pretty much makes it clear that my stay abroad was not "temporary."

So really, am I to understand that if you have lived abroad semi-permanently, you need a lease and a job offer in the US before your husband can immigrate with you? Putting the process on hold until we move (this August, in time for September school) and me going ahead without him is not an option—we have 2 young kids!

Please do reply if you can offer any advice. Thanks so much!

[canadian_wife 1,823]

I think it might depend on how strict the consulate is about domicile. In Montreal you'd have to move ahead of him, establish a home and a job before they'd consider it 'domicile'

Have you clarified with the consulate? I'd hate to have your interview come only to be denied because of this issue

Good luck

[bellsbells 3]

Thanks for your reply. I'm not sure what you mean about clarifying with the consulate—would I be contacting the French embassy then? Because there is no USCIS presence at the embassy here, I had to file at the Chicago lockbox. From what I understand, my AOS is supposed to be mailed to the NVC in the US. Perhaps I should clarify with the NVC?

[bellsbells 3]

Hello, I just wanted to update this topic: I called the NVC and was told by the agent that all I need to do is include a letter explaining that we won't have an apartment lease or school registration until after we move, therefore we cannot provide those documents now. She assumed me that this was the thing to do, but I read elsewhere on this forum a post from someone who did pretty much the same thing and it was refused. Whom to believe?

[canadian_wife 1,823]

Call the French consulate where the interview will take place. I am not talking about a USCIS field office, but the actual consulate where the interview will take place and see what they think

Good luck

[bellsbells 3]

Thanks for the suggestion—if only they took phone calls! I just went to their website and found that the only way to get info is to come in person Friday mornings between 9 and 10 a.m. and right now it's Friday at 10:30 a.m. DOH! I don't want to wait another week so I will have to do my best. However, I thought that the AOS was approved or denied by the NVC, not the consulate?

In any case, I plan on submitting the following with my I-864:

-Letter explaining: that after 13 years of living in France I am returning to the US to live with my husband and 2 kids. We will arrive together over the summer to look for an apartment and complete school registration in time for September. I work at home for a Germany company and can do the job from the US just as well as from Paris.

-Emails back and forth with the French dual language program director of the public school in which we are trying to register our daughter

-Emails enquiring about day care centers for our son

-Letter from my parents certifying that we will be living in their apartment upon our return until we find lodging

What do you think, is this likely to be sufficient? Thank you!

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Laure&Colin 558]

You should also get a letter from your employer saying that your job will continue when you move back to the US.

The NVC checks that everything looks OK with your AOS package but it's ultimately the Consulate who decides if you have enough proof you'll be relocating.

Do not believe what NVC operators tell you, they're totally clueless! We called asking if they would accept my husband as the only sponsor although his tax returns only showed foreign income for the last 3 years, but he just moved back to the US and started a new job: the obnoxious operator kept asking if he was gonna change his euros into dollars.....

I don't know how demanding Paris is in this case because it isn't common, most members going through this consulate are K1 filers.

You can contact the immigrant visa unit of Paris US consulate by email, look at the Embassy Information page here on VJ for the details!

[bellsbells 3]

Thanks so much, very helpful advice! This process is so confusing so it's great to be able to get help from others who have already gone through it.

[Ippsy Pippsy 31]

Hello everyone. I've am a US citizen living in France and married to my French husband for 13 years. ... I just declared my US income taxes for the first time (though I'm exempt from paying because my tax home is France). The problem with this option is that the fact that I lived abroad 13 years and my tax home is in France pretty much makes it clear that my stay abroad was not "temporary."

Tax law was probably different at one point, but these days, as a US citizen, you have to file income tax with the IRS no matter where you live.

There are exemptions for foreign tax payments and stuff, so you might not end up paying anything, but you do have to file.

Note that the 1-800 irs phone line is actually pretty helpful in terms of giving out information about what forms you need/etc.

[bellsbells 3]

Thanks Ippsy, actually I already did file my returns for the past 6 years, just mailed them out a couple of days ago. I was able to exempt all of my income using the foreign earned income exclusion.

[Rajamundis 1]

Hello guys, I just step on this thread because we are on a similar situation... How everything went?

- I have a question about the "reestablish domicile" matter for the AOS.

We have a Driver license/ permanent mail adress / car ownership / vote register and a letter from my father in law welcoming to stay and live in his house. Is that enough? The domicile in the driver license, permanent mail, etc. is a different address from where we are intending to live, does this matter?

Thank you all

[bellsbells 3]

Hi all, it's been a while since I came here but it might be of some help to note that we went with re-establishing domicile, by sending emails of correspondence with schools for our kids as well as a letter describing how we would continue our same freelance jobs in the States. However, during the interview at the US Consulate in Paris, the agent seemed to think, since I still have a US bank account and drivers' license, that it made more sense to claim that our residence in France was temporary. I replied that having been a resident of France for 12 years, I didn't see how that could work. She seemed not to really care either way, and approved the application!

My husband received his visa soon after, and a few weeks after entering the US, received his green card. YAY!

[pushbrk 12,968]

I think the point is that the Consular Officer simply believed you intended to move back to the USA.

Edited January 8, 2013 by pushbrk

[california_luv 56]

We're in about the same situation. My USC wife has been living with me in France for almost ten years. We also have two kids. She's employed by a US company and works from home for a nice salary thankfully. Her taxes have been filed with a US address (her parents).

Hopefully, this along with other evidence of her intent to re-establish domicile in the US will be enough unless as the consular agent told you this is enough to establish her domicile in the US already.

Aaah the stress!

Edited March 8, 2014 by california_luv