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scottishlander

Lease example for I-864 domcile with family or friend

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For proving intent to re-establish US domicile I've read that a lease agreement is valuable. I've also read it's possible to make arrangements to stay with a family or friend at a US address but a formal lease is preferred by the consulate.

I'd like to know what this lease would look like. The idea is that the friend is agreeing to give you a place to stay until you find a more ideal one, so you may not want to be there long or pay a ton of money (since they don't want money for the favor).

Is it basically a regular commericial lease agreement?

What kind of terms would it have?

Could the rent be a token amount ($1 up to a few hundred)?

What termination conditions are acceptable?

What duration is required (a year)?

If you don't need a lease and only need a letter, what would the "you can stay with me" letter from a friend or family member look like?

Thank you for your help!

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It needs to be a "real" lease. Don't do something like a lease with a family member or a friend with a token amount on it...that might look like you were trying to sneak something in. If you're not going to actually lease an apartment, don't worry about the lease. If you don't live in the U.S., then obviously you wouldn't have a lease on a property in the U.S. A lease usually specifies what you're renting, how long you're renting it, and how much you're paying per period to rent it.

I have yet to see a "you can stay with me" letter accepted by the consulate as any sort of proof of domicile.

Regards,

Bill

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Hi Bill, thanks! We will eventually need to lease an apartment but my worry is that we're not ready to lease an apartment as we're living in Canada and may not be ready to move for months. However, I thought that when you are trying to send in proof of domicile re-establishment that you need a lease.

Here is what they mention as evidence of intent to re-establish in the Field Adjudicator's Manual:

Although there is no time frame for the resident to establish residence, you must be satisfied that the sponsor has, in fact, taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:
(1) Opening a bank account;
(2) Transferring funds to the United States;
(3) Making investments in the United States;
(4) Seeking employment in the United States;
(5) Registering children in U.S. schools;
(6) Applying for a Social Security number; and
(7) Voting in local, State, or Federal elections.

But earlier the manual says:

(4) The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or
(5) Must at a minimum to satisfy you that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

I'm totally confused about what proof is required at the NVC AOS I-864 submission step!!!! Do you need a lease or just some of the 7 things stated above? I'm hung up on the establishing an address because everyone says Montreal requires a lease or job offer.

Thanks again.

Edited by scottishlander

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we sent our AOS with proof of domicile,. we arrange a temporary accomodation with my hubby's brother.,hubby's house is currently rented right now and we are not planning to stay there.. my brother in law wrote a letter and thats what we sent with AOS.

Hi Bill, thanks! We will eventually need to lease an apartment but my worry is that we're not ready to lease an apartment as we're living in Canada and may not be ready to move for months. However, I thought that when you are trying to send in proof of domicile re-establishment that you need a lease.

Here is what they mention as evidence of intent to re-establish in the Field Adjudicator's Manual:

Although there is no time frame for the resident to establish residence, you must be satisfied that the sponsor has, in fact, taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:
(1) Opening a bank account;
(2) Transferring funds to the United States;
(3) Making investments in the United States;
(4) Seeking employment in the United States;
(5) Registering children in U.S. schools;
(6) Applying for a Social Security number; and
(7) Voting in local, State, or Federal elections.

But earlier the manual says:

(4) The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or
(5) Must at a minimum to satisfy you that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

I'm totally confused about what proof is required at the NVC AOS I-864 submission step!!!! Do you need a lease or just some of the 7 things stated above?

Thanks again.

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Thanks! That sounds very reasonable but people are saying in the Canada forum that letters from friends usually don't work! :(

I guess if I do get a lease than it should probably be one for a normal rental property or at least a real lease, i.e. normal rent money, for a room in a friend's house.

Edited by scottishlander

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