IR-1/CR-1 petitioner domicile requirements

[stackeria 280]

I'm wondering what are people's experiences with the IR-1/CR-1 petitioner re-establishing domicile in the US or proving intent to do so.

There are a lot of stories on the Canada treads about Montreal being very strict about this and rejecting cases at the interview. Has anyone from the UK had domicile issues pop up at the NVC or London embassy stage recently?

For those who successfully went through this process with the petitioner moving back to the US along with the beneficiary, can you share what sort of evidence you submitted and at what stages?

Thanks!

[lost_at_sea 995]

Canada is probably the strictest one I know of in regards to domicile. London isn't as fussy, but you will need something if you're abroad.

What do you have?

[stackeria 280]

Canada is probably the strictest one I know of in regards to domicile. London isn't as fussy, but you will need something if you're abroad.

What do you have?

I have an unusual situation:

I'm the petitioner and am a dual citizen of the US and France. My wife is a UK citizen. We've been backpacking (or more accurately "wheelie-suitcase-ing") around the world together for close to three years. During that time, because we're constantly on the move, my tax home is in the US while hers is in the UK. Prior to this, I had been a US resident earning W2 wages my entire adult life, except for about three years residing in France (where we met) and one year residing in the UK.

I own a business in the US and am on its payroll so I have W2s and file taxes and meet the income requirements.

I have active US based checking, credit card, investment, IRA, and 401K accounts. I would meet asset requirements but I don't think I need to show that. I don't have any active bank accounts outside the US.

I have US health insurance which covers both of us inside and outside the US.

These past three years, I have used a PO box mailing address in the US to file returns and for my bank accounts. I have discussed my situation with my accountant, the IRS and my banks. They are aware I am traveling and not using a residential mailing address.

My US drivers license expired a few years ago. I have a valid european license I picked up while I was a resident there so I didn't bother renewing it.

I didn't keep up my voters registration because I didn't feel comfortable registering at a non residential address.

Finding a place to stay once her visa is issued is not really a problem for us. We were planning to deal with it once her interview is scheduled or visa issued.

Looking at the I-864 application, I'm now thinking I may need to switch back to a residential address in the US before filing that paperwork. I could potentially use a friend's address where we intend to stay after her POE while we look for a long term lease. I can also move back now and wait for her visa to be issued but I'd rather not, unless it is absolutely necessary.

I'm also considering going over to renew my DL and voter's registration in case they ask for further evidence at the NVC or during her interview.

We fully intend to stop traveling and establish and maintain a permanent residence in the US once her visa is issued. Three years on the road around the world has been amazing but we're ready to settle down for a while! The question is: Do I have enough to show intent or should I re-establish a residence fully before filing the I-864, and be done with it? If the latter, do I need a formal lease agreement?

It would be useful to hear other people's thoughts on this.

Thanks.

[stackeria 280]

More specifically I'm looking for some guidance / advice on:

1- Formal lease agreements versus arrangement to stay with friends.

2- Formal lease agreement with a move in date about 3-4 months in the future (taking into account NVC+consular processing)

3- DL renewal: prior to filing I-864, prior to interview, or after POE?

4- Voter registration and other such things.

Does anyone have any relevant experience to share?

Thanks.

[lost_at_sea 995]

So, the domicile evidence is in relation to the I-864, so you need to have all the evidence you want to present for that ready at the same time as you present the I-864. Your suggestions are not bad, but could do with a little more. For example, if you'll be staying with friends or whatever, have them write a more formal letter detailing the arrangement, dates etc. Maybe in your case it'll be important to make it clear how you're wrapping up being abroad (as you say, lease ending).

Edited March 14, 2014 by lost_at_sea

[stackeria 280]

Do you actually need to include proof of domicile if your mailing and residential addresses are in the United States? The I-864 instructions are unclear to me with that respect. I think it states to include the evidence IF the petitioner's mailing or residential address are outside the US. But everyone I speak to says to include evidence of domicile regardless. Do they automatically checklist you for a lease agreement if you don't include it?

My attorney says the best thing is to be on a lease receiving mail at the lease address at the time I file the I-864. I was surprised that having a temporary residential and mailing address in the US + a lease with move-in date of 2-3 months after the filing of the I-864 is not be enough evidence. I wanted to hear from others who might have used a letter from family or friends in place of a formal lease for a temporary living arrangement.

The attorney also said driver license and voter registration might be useful if they explicitly ask for additional evidence but that they likely would not if I submitted a lease agreement along with my financial evidence in the first place. I will get those done at some point anyway but it might be more convenient after my wife's POE. Is it recommended that she bring such evidence at the interview in London?

[lost_at_sea 995]

Any evidence you are intending to submit is needed in conjunction with the I-864, so POE is too late.

[stackeria 280]

Any evidence you are intending to submit is needed in conjunction with the I-864, so POE is too late.

Thanks lost.

I was under the impression documents not submitted with the I-864 could be taken to the interview in case the IO there asked for further evidence?

Anyway, I think we'll be fine. My tax domicile, employment, health insurance, and mailing address are all in the US. Because of our unusual globe trotting lifestyle, I don't currently have a place of residence inside or outside of the US but we're transitioning out of that life now so it's just a matter of taking the necessary additional steps before I file the I-864.