establishing domicile

[Captain Oates 910]

We have filed cr-1 and we both live in the UK so now comes the question of domicile. I didn't see any questions on the I-130 so presumably it rears its interesting head at visa application time ?

My wife (USC) left the US in October 2006 and we plan to return November 2007.

She has her pension plan in the US

She has her bank accounts (2) in the US

She has kept her US credit card

She has furniture in storage in the US

However, all these things have her UK address on them now. She has no property in the US.

Also, if these are sufficient for domicile, should we say we are planning to stay with her mother in Milwaukee while we look for a place to rent/buy ? We will be away looking for somewhere and I will get an unconditional green card which apparently does not need to be signed for so thats ok..

I guess there are 2 questions here -

domicile ? are we ok ?

address to put on visa application when we don't have anywhere really ? We will probably stay in a long stay America apartment for the first month in reality

thanks for any advice on these two - we are ok for funds to satisfy the 485 form as I am retired with income which is sufficient and will continue

alan

[Yodrak 7]

alan,

The anecdotal evidence has been that the US consulate in London is pretty easy going on the issue of domicile, and will accept that the Sponsor intends to re-establish domicile as good enough. Given that your wife has everything she might need other than an address, you and she are probably in good shape.

That being said, I don't know what your wife should do about her address for the I-864.

Why do you mention "the 485 form"? If you are referring to I-485 it does not apply to you.

Yodrak

We have filed cr-1 and we both live in the UK so now comes the question of domicile. I didn't see any questions on the I-130 so presumably it rears its interesting head at visa application time ?

My wife (USC) left the US in October 2006 and we plan to return November 2007.

She has her pension plan in the US

She has her bank accounts (2) in the US

She has kept her US credit card

She has furniture in storage in the US

However, all these things have her UK address on them now. She has no property in the US.

Also, if these are sufficient for domicile, should we say we are planning to stay with her mother in Milwaukee while we look for a place to rent/buy ? We will be away looking for somewhere and I will get an unconditional green card which apparently does not need to be signed for so thats ok..

I guess there are 2 questions here -

domicile ? are we ok ?

address to put on visa application when we don't have anywhere really ? We will probably stay in a long stay America apartment for the first month in reality

thanks for any advice on these two - we are ok for funds to satisfy the 485 form as I am retired with income which is sufficient and will continue

alan

[Captain Oates 910]

aahh Yodrak - thanks for that... I hoped there might not be a problem with domicile..

yes i meant the I-864 affidavit of support - I dont want to see a I-485 ever again ! Yes I think the 864 goes into the domicile stuff....

However, I am at a loss as to whether we can put our intended address as a 'long stay america' motel where we intend to stay for a month or so while we find a permanent place - or should we just put her mother's address and leave it at that....as long as we can be reached while we are messing around trying to find somewhere, that should be the main thing ?

Don't know if I am making a mountain out of a mole hill here - her mother lives in 'sheltered' accomodation for the elderly with a warden etc so I have visions of the interviewing officer giving us a hard time on that if he looks at it hard or asks us how many bedrooms etc....

this bit seems a bit woolly and I am not quite sure as it is an area which is not spelled out on the forms

[Boiler 45,011]

Mothers address