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Ba3lwi

I-864 Question on country of domicile....

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Hi ,

If the petitioner answer the question in pert 4 (5. Country of Domicile : Saudi Arabia ) then she have to provide supplemental explanation with concrete steps to establish that she will be domicile in the United States.

We couldn't find other than this :

Arranged for us to rent apartment via Avalon at Bear Creek. (e-mail from Avalon at Bear Creek not lease agreement ).

Letter from the joint sponsor (XXXXXX) that he will have us in his home until finding Job/moving to apartment.
Contacted Washington Health Benefit Exchange to apply and get us health insurance. (e-mail from Washington Health Benefit Exchange).
Do think this enough or we most submit more steps ? what is your suggestions ?

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After reading I-864 instr. many times. the answer of the question ( Country of Domicile ? ) should always answered United States. but I should provide supplemental explanation. I did write one with my situation as the following:

Form I-864
Sponsor/Petitioner: XXXXXXXXXX
SOCIAL SECURITY NUMBER: XXXXXXXXX
Beneficiary: XXXXXXXXXXX
NVC Case Number: XXXXXXXXXXXX
Supplemental Explanation
Part 4, Questions 5 (Country of Domicile)
I, XXXXXXX, am currently residing in AD DAMMAM, SAUDI ARABIA with my husband
XXXXXXXXXXXXXXX. Below you will find a list of attached documents to show the steps that I have taken to return to the United States with my husband.
Steps I have taken to maintain US Domicile:
Maintained my social security card.
The concrete steps I have taken to establish that I am and will be domicile in the United States are:
Letter from the joint sponsor (XXXXXXXX) that he will have us in his home until finding Job/moving to apartment.
Arranged for us to rent apartment via Avalon at Bear Creek . note. the evidence here is copy of email letter.
Contacted Washington Health Benefit Exchange to apply and get us health insurance. note. the evidence here is copy of email letter.
There is other important steps once I will move to United States such as open Bank account, apply for mail address, Driver license and more that I must do.
I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

_______________________ _______________

XXXXXXXXXXXXXXXX Date

Please advise me ?

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Filed: Citizen (pnd) Country: Germany
Timeline

I answered USA as my domicile and included stuff like my valid Oklahoma drivers license, voter registration, quotes from shipping companies, etc. It's not as hard as it sounds.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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I answered USA as my domicile and included stuff like my valid Oklahoma drivers license, voter registration, quotes from shipping companies, etc. It's not as hard as it sounds.

Thanks for sharing what you submit. the problem in our situation is my wife never ever been in US. she born aboard and got her US citizenship from her father and he issued a social security card for her.

We are worried that they will not accept us because we did not meet the minimum requirement to establish US domicile. if any have face similar situation like us or can advise us .. please share

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Filed: Timeline

I am also in the process of submitting my I-864 and was confused about the issue of domicile.

I asked that question on avvo.com ask a lawyer. I have been living in Thailand for over 8 years. Even though I have lots of connection to the US, such, SS#, a US mailing address, an active driver's license, active Federal voting record for the last 8 years, US bank, credit union, brokerage and credit card accounts, paid medicare coverage, annual Federal income tax returns. They all still wrote that the country of domicile is where you live, and for me that wasThailand. Besides, to do a DCF, don't you have to be a resident of a country that the Embassy is authorize to process DCF?

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Filed: Citizen (pnd) Country: Germany
Timeline

DCF is all about filing the initial petition, and this domicile question doesn't come up until after the petition is approved, so this wouldn't effect DCF answering USA as your domicile. I'm always of the opinion (lawyers are often wrong and I more often than not advise people on here to save money and just not get them involved unless you've dealt with a denial of an immigrant visa in the past) that your domicile is where you call home. When you've taken as many steps as you have to maintain US domicile I don't see a problem for you.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Timeline

DCF is all about filing the initial petition, and this domicile question doesn't come up until after the petition is approved, so this wouldn't effect DCF answering USA as your domicile. I'm always of the opinion (lawyers are often wrong and I more often than not advise people on here to save money and just not get them involved unless you've dealt with a denial of an immigrant visa in the past) that your domicile is where you call home. When you've taken as many steps as you have to maintain US domicile I don't see a problem for you.

Yes, I am aware. We have already gone past the I-130 approval and my wife has already gotten a case number. I brought up the DCF term because I thought the only reason I was able to do the DCF was because I was a resident of Thailand, at least for the last 8 years. I certainly would prefer to put the United States as my country of domicile but wouldn't that conflict with I-864 Part 4 "Sponsor's Place of Residence" which for me is my physical Thailand address or Part 1 "Mailing Address" which a Thailand PO Box mailing address.

Were your circumstances different?

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Filed: Citizen (pnd) Country: Germany
Timeline

What I was saying is that once you file through DCF it's not like they can undo your filing. Like I said already, I put USA as my domicile. As you can see, my husband's visa was approved without any issues. They never even brought up any questions regarding me moving back home.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Returning to I-864 instructions (Item Number 5. Country of Domicile.This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future.)

The answer of that question must be ( United States ) because even if your current residence outside US you have to return to US with the immigrant you are sponsoring.

I called NVC and asked them about this matter. The operator lady told me the same thing and for that you have to submit a letter explaining the steps you have take to return to US to re-establish your domicile in US.

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