Domicile requirement?

[Roosha 51]

Ok this will be a pretty long post b/c I have two questions intertwined and it all depends on the timelines, so please bear with me!

I'm worried that I won't be able to meet the requirement for re-establishing domicile. I left the states a bride so I wasn't exactly on my own yet, meaning no place of my own and barely a checking account. (Yes, I was def a daddy's girl ) So I didn't have a domicile to keep up, which means I will have to prove that I will be re-establishing domicile. Problem is that I won't be able to do that very well either since we will be staying with my family in the beginning and I won't be working (due to the pregnancy). I don't have a job right now that I can resign from nor do I have any accounts I can close etc. to show that I am leaving this country. So basically the only proof I will be able to provide that I will be re-establishing domicile is (1) to have a letter from my parents stating that they will be housing us as well as (2) any correspondence with the elementary school my son will be attending regarding his registration. I'm still checking to see if I can get him registered before we actually arrive but I think we have to prove residency to the school in order to register. I could also buy our air tickets and show those I guess...

So if I can't prove domicile that means that I will have to move back to the states before him but then we run into the issue of Medicaid. I don't have health insurance since government health care here is very cheap and we never needed insurance. If I do have to move back to the states before him I will be going back in April so that the immigration process is not delayed by the birth. If I go back after the baby is born I won't be able to move back until Mid July or early August meaning I won't be able to submit the AOS until August, and I'm sure we would have had NOA2 by then! My worry is that I will have to avail use of Medicaid if I do give birth in the states and I don't want that to effect our petition. My father will be joint sponsor for finances, I don't even know how they'd find out that I'm using government assistance but I thought I'd ask here and see if the good people of VJ know anything about this!

So, after knowing all this information I have two questions:

1) Do you think I can prove that I will re-establish domicile with the scant proof I can provide?

2) If, in your opinion, it would be better for me to move back first, do you think me using medicaid will affect the petition?

Thanks so much for reading, I appreciate your help!

[Roosha 51]

bump. no opinions or advice, anyone?

[N-o-l-a 7,168]

I would do a lease from your parents. There are simple blank lease ones online that you can modify to fit your needs.

Also have you maintained an American driver's license and voter registration?

Is your American checking account still open?

You can open a bank account online since you are an American citizen. I would highly suggest you do that through a reputable bank and use your parent's address. If you are having trouble with them flagging your foreign ip address, use a proxy.

The medicaid shouldn't be a problem, especially since you have a joint sponsor (right?).

[beejay 123]

This can be consular specific. Canada is usually very tough on proving domicile but for other consulates it may not be brought up beyond the fact that you most likely will need a cosponsor.

I went through Abu Dhabi and was not asked any questions about proving domicile. We knew where we were going to live (with family) but neither of us had jobs lined up beforehand. Because of this we did need a co-sponsor as my foreign income did not count. We were not asked any direct questions about proving domicile.

You might want to check the reviews for the embassy you will be going through to see what others experiences have been as far as proving domicile.

Good luck.

[Roosha 51]

I would do a lease from your parents. There are simple blank lease ones online that you can modify to fit your needs.

Also have you maintained an American driver's license and voter registration?

Is your American checking account still open?

...

The medicaid shouldn't be a problem, especially since you have a joint sponsor (right?).

The blank lease is a good idea I guess, although I'm not sure what the difference between a lease and a simple affidavit stating that we're living with my parents except to make it a little more official. Yes I have a drivers license and my voter registration is valid, although I missed the deadline for absentee voting so therefore didn't vote. My checking account is not open, I guess I could open one, although if there is no movement in the account I don't know what that will show. It'll just be an account with some money sitting in it.

Yes my father will be joint sponsor so no worries on that front. The only worry is that me using medicaid for the birth will affect the way they look at my father's commitment to being a sponsor for my husband, if that makes sense. Am I worrying too much about it?

This can be consular specific. Canada is usually very tough on proving domicile but for other consulates it may not be brought up beyond the fact that you most likely will need a cosponsor.

I went through Abu Dhabi and was not asked any questions about proving domicile. We knew where we were going to live (with family) but neither of us had jobs lined up beforehand. Because of this we did need a co-sponsor as my foreign income did not count. We were not asked any direct questions about proving domicile.

You might want to check the reviews for the embassy you will be going through to see what others experiences have been as far as proving domicile.

We're in Qatar, so it might be similar to Abu Dhabi, unfortunately there aren't that many reviews on here about the Qatar consulate! We def have a joint sponsor so we're covered on that front. When you submitted the affidavit of support how did you prove that you were re-establishing domicile or that you had domicile in the states? I think it does have to show somewhere on the paperwork, yes? So what did you submit?

[N-o-l-a 7,168]

The blank lease is a good idea I guess, although I'm not sure what the difference between a lease and a simple affidavit stating that we're living with my parents except to make it a little more official. Yes I have a drivers license and my voter registration is valid, although I missed the deadline for absentee voting so therefore didn't vote. My checking account is not open, I guess I could open one, although if there is no movement in the account I don't know what that will show. It'll just be an account with some money sitting in it.

Yes my father will be joint sponsor so no worries on that front. The only worry is that me using medicaid for the birth will affect the way they look at my father's commitment to being a sponsor for my husband, if that makes sense. Am I worrying too much about it?

I think you have to transfer some money in to open it, but having a bank account with a US address is one of the ways to show intent to re-establish domicile.

Take a look at the second quoted post in the first post of this thread http://www.visajourney.com/forums/topic/402383-nvc-filers-december-2012/

You can modify the letter to fit your needs, ours looks like:

Steps I have taken to maintain US Domicile:

• Maintained my ******** and ****** credit cards registered in the US with a US PO box

• Maintained my bank account at ********

• Maintained my daughter’s trust bank account at ******* Savings Bank

• Maintained my Connecticut driver’s license, New England AAA membership, and social security card

• Maintained my car insurance coverage through my mother

Supporting Documents for the above steps I have taken:

• ****** and ****** credit card statements showing US billing address

• ******* Bank statement showing permanent US address

• Bank ******** statement showing permanent US address

• Connecticut driver’s license showing permanent US address

• Proof of still being on mother’s car insurance

Steps I have taken to return to the US to take up residence:

• We will be moving into my deceased step-father’s house while it clears probate and then afterwards (I am the sole beneficiary of his estate)

• Researched CT’s laws about homeschooling

Supporting documents for the above steps I have taken:

• A copy of my father’s will indicating me as sole beneficiary, acceptance by the probate court, and a property evaluation done by a licensed real estate agent on the property for the estate

• Printout of CT guidelines for homeschooling

I have read elsewhere on this forum that a lease from the parents was required (someone got a RFE at some point and then had to submit one). Also, we've used medicaid in the past and so have other people on this forum. They can not use that as a way to reject the petition. It isn't a problem as long as the joint sponsor meets the income requirement.

[Bron Chase 1]

The blank lease is a good idea I guess, although I'm not sure what the difference between a lease and a simple affidavit stating that we're living with my parents except to make it a little more official. Yes I have a drivers license and my voter registration is valid, although I missed the deadline for absentee voting so therefore didn't vote. My checking account is not open, I guess I could open one, although if there is no movement in the account I don't know what that will show. It'll just be an account with some money sitting in it.

Yes my father will be joint sponsor so no worries on that front. The only worry is that me using medicaid for the birth will affect the way they look at my father's commitment to being a sponsor for my husband, if that makes sense. Am I worrying too much about it?

We're in Qatar, so it might be similar to Abu Dhabi, unfortunately there aren't that many reviews on here about the Qatar consulate! We def have a joint sponsor so we're covered on that front. When you submitted the affidavit of support how did you prove that you were re-establishing domicile or that you had domicile in the states? I think it does have to show somewhere on the paperwork, yes? So what did you submit?

I think you have some good evidence of re-establishing domicile. You have a valid driver's license and voter registration in the US, you have written permission to stay at a US address, you can make it so you can show you have a US bank account with money in it (re-opening the account shows intent to move back), and you can surely document your attempts to enroll children in school even if they want you to be there first. You can even do a simple lease that looks official to make things stronger. You can always find more stuff to do and these situation are consular-specific, but I think your case is good.

- Bron (Makati/Utah)

[velrich 50]

Your petition for your husband will not be affected by your use of medicaid.

It will not affect your cosponsor in anyway since you are a USC and it is you and not your husband who will be using it.

[beejay 123]

We're in Qatar, so it might be similar to Abu Dhabi, unfortunately there aren't that many reviews on here about the Qatar consulate! We def have a joint sponsor so we're covered on that front. When you submitted the affidavit of support how did you prove that you were re-establishing domicile or that you had domicile in the states? I think it does have to show somewhere on the paperwork, yes? So what did you submit?

I didn't have any specific proof of establishing domicile and it wasn't asked for at my interview. I filled out the AOS using my foreign income but of course it didn't count which is why we had the co-sponsor. They asked a few questions about the co-sponsor and we did know the address of where we were going to live (with a relative) but they didn't really ask about it. I think they just assumed we were both moving to the U.S. Hopefully Doha will be similar but I would be prepared with the letter from your parents. Have you kept your driver's license current?

[N-o-l-a 7,168]

I didn't have any specific proof of establishing domicile and it wasn't asked for at my interview. I filled out the AOS using my foreign income but of course it didn't count which is why we had the co-sponsor. They asked a few questions about the co-sponsor and we did know the address of where we were going to live (with a relative) but they didn't really ask about it. I think they just assumed we were both moving to the U.S. Hopefully Doha will be similar but I would be prepared with the letter from your parents. Have you kept your driver's license current?

Maybe the instructions have changed since you filed, but please read the instructions starting on page 5 for question 15 about domicile evidence you must submit with the I-864. It is not optional.

http://www.uscis.gov/files/form/i-864instr.pdf

[beejay 123]

Maybe the instructions have changed since you filed, but please read the instructions starting on page 5 for question 15 about domicile evidence you must submit with the I-864. It is not optional.

http://www.uscis.gov/files/form/i-864instr.pdf

Total oversight on my part thanks for pointing it out - I used the I-134 as it was for a k-1. I should have paid closer attention to what the OP was filing.

But I think a letter from the parents and if OP has kept her driver's license current that should be sufficient evidence.

[Roosha 51]

So basically the consensus is that I could do both. I could go early in April or I could just wait and go in August (or earlier if he gets his visa before then...haha yea right).

Well my husband will be happy at least since now I can't use the domicile requirement as an excuse to go early and spoil myself with a birth near my mommy

Thanks everyone for all the advice, I knew VJ'ers would come through.

[beejay 123]

So basically the consensus is that I could do both. I could go early in April or I could just wait and go in August (or earlier if he gets his visa before then...haha yea right).

Well my husband will be happy at least since now I can't use the domicile requirement as an excuse to go early and spoil myself with a birth near my mommy

Thanks everyone for all the advice, I knew VJ'ers would come through.

If you want to go early then that's what you should do. Especially if you feel being in the US will make the pregnancy easier. Do what works best for you

[Roosha 51]

If you want to go early then that's what you should do. Especially if you feel being in the US will make the pregnancy easier. Do what works best for you

Oh it would, but that would mean hubby wouldn't meet his child until the child was 3 or 4 months, minimum. I couldn't do that to him since we're already going to have to be separated from August to October, maybe longer. Immigration sucks.

[beejay 123]

Oh it would, but that would mean hubby wouldn't meet his child until the child was 3 or 4 months, minimum. I couldn't do that to him since we're already going to have to be separated from August to October, maybe longer. Immigration sucks.

It does suck. Best of luck to you and congrats on the pregnancy