Domicile Issue - US Citizen Sponsoring from Abroad - Help

[lisamkilian 0]

Happy New Year everyone! I am a US Citizen living in Australia looking into sponsoring my non-American husband for a green card. As I have been in Oz 4 years now, I don't have many strong ties to the US and therefore foresee an issue with my country of domicile. Looking for other people who have been in a similar situation and how they were able to get around it? Preferably without having to split up the family.

It looks like I have 2 options, I can either show that I am Living Abroad Temporarily or have Good Faith Reestablishment of Domicile in the US.

As far as Living Abroad Temporarily, I have continued to file US tax returns and I have maintained my CPA license. But that's about it. If you were out of the country for an extended period of time but were still able to prove the US was your country of domicile, how did you do this?

Good Faith Reestablishment of Domicile in the US - if you went this route how did you go about doing it? It talks about taking "concrete" steps, but not sure what is concrete enough for purposes of proving this. I can open a bank account and transfer funds, and will be obtaining US citizenship for our child, but not sure what else I can do? We would be living with family when we arrive so not sure if that is "concrete" enough. If you went this route, how did you do this?

Thanks is advance!

Cheers!

[Penguin_ie 5,986]

I'd go for the "re-establishing" option. Some things we did:

- Husband went to the USA and started looking for a home for us, keep emails and log of houses he visited etc

- Sign on with job agencies to show you are looking for work

- Get US bank account

- Get/ renew US drivers license

- Look for daycare/ enroll kids in school

[NikLR 13,220]

You can also get a lease, or a written agreement from your family that you will be living with them at such a time as when you move. Get a US driver's license.

Also it may be a good idea to ask what others have done from the land of Oz as many consulates and embassies have different requirements. Montreal, for instance, is quite strict on domicile, whereas most overseas nations, are not.

[Darnell 8,478]

Good Faith Reestablishment of Domicile in the US

This is actually easier to do, if you actually not maintained domicile in the USA during the 4 years you've been an expat in OZ.

You'll be compiling evidence of steps that you have taken to re-establish your domicile in the USA.

Steps to show:

1. lease of property in USA or written /signed letter from relative that will allow you to live with them.

2. utility bills in the USA [cable tv, satellite, cell phone, electricity, gas, water]

3. letter of job offer from USA Employer.

When you are finished compiling that evidence, make a portfolio of it, and on the top, put in a cover letter detailing this list of evidence.

[austex 42]

We were asked that question - to prove domicile for my husband (USC) and he still had a US bank account and his social security statements went to his cousins address and the last thing we did was to contact a real estate agent in the area you are choosing to live and get them to send you an email that she/he is looking for a property for you... We attached that email to the paperwork and we got approved.

We have been living in Australia for 14 years and we got approved.

M.

[kev&ange 0]

All of these suggestions are awesome for the re-establishment of domicile. Once you sort out a US address/sign a lease - get all your stuff sent there - bank statements, bills, kids school enrollment packages, etc - get someone you know over there to collect your mail, keep originals and scan copies over to you. I hear voting records are great evidence too. Sign up for sporting clubs/hobbies or other community activities that demonstrate good local citizenship. Order yourself some furniture and get it delivered to the address you're saying you are going to live. Get quotes for cars/inquire about car loans or leases. Get quotes for shipping your stuff over - we've found Grace Removals to be great. If you have a cat or dog, inquire with JetPets.

You can also tackle domicile from another angle - they can say to you that it's all well and good to look like you're putting roots down over there, but what have you finished up in Australia? So do stuff like:

Pay off debts and credit cards and keep finalisation letters - close off as much as you can.

Keep evidence of sold cars/houses/termination of leases

Get your employers to write you letters saying they accept your resignation and wish you the best in the US.

Good luck!

[Kay&Jeff 7]

My USC husband and I are going though the process atm and a similar situation. He is a permanent resident here in Australia and has been here for 4 1/2 years. He originally went back to america to apply for the visa and to work and start building a life there but we didn't realizes how long it would take to get. So he is coming back over until it is approved.

We dont own a house or a car over there so no assets and as we only got married in Nov not alot of cash savings. We are using his brother as a co-sponsor as he meets the requirements. My husband also has opened up his american bank accounts, and renewed his driver's licence. The only other stuff to show we are planting roots is invoice for shipping our personal belongings and for shipping over our pet dog. From what ive read this should be enough to show its still his home.

hope it helps and hope it goes smoothly for you.