Domicile question

[ajr_ntknq 4]

Hi- I live overseas with my wife and our son. I am a U.S. citizen, my wife is a foreign national, and our son is a U.S. citizen via CRBA. He has his paper and passport. I am roughly 85% through the application process sponsoring my wife for a green card.

I have some questions about how to proceed - I am at the I-864 stage. I think I can solve the problems a few different ways but looking for the most convenient and presentable formula.

I have to show that I will establish a domicile, or that I am abroad temporarily. I have been living abroad for almost 5 years but have not cut my ties.

I own two houses back home (in the States) that I lease out. Both leases are coming up around the time we intend to arrive. I could claim either one as my intended residence. On the other hand, my stepfather has fallen ill and it's possible we might stay with my mother and him as they both might require help. In any case we will probably spend the first month with them to see how they are doing. Definitely going straight from the airport to their house, and one of my houses is about 2 miles away from their house. If we do choose to stay with them, how do I 'prove' that I have a domicile there. In fact my health insurance now is registered at their house and my agent address for NVC is also there.

I have also maintained bank accounts, voted (though not sure of how to have evidence of that), filed taxes, and, as mentioned, kept health insurance.

How do I present a straightforward plan out of these facts? Am I living abroad temporarily or I am reestablishing my domicile?

[joemelea 0]

Hi,

I came across your question and realized we're on the same boat with having to prove domicile in the U.S. From what I understand based on the instructions of the i864 form, you just need to attach a written statement stating how you meet the domicile requirements.

So as you stated, you have property in the U.S. that you clearly have maintained - I would just include copies of lease agreements. As far as your parents' residence goes, I don't see a problem with that since your health insurance card is addressed at their residence. You also mentioned that you have maintained bank accounts there, so just print out your most recent bank statements or account summary. Make sure your name and mailing address are included. Depending on which state you are registered to vote, you may be able to get a copy of your voter's registration information online if they have a website.

Lastly, include any and all income tax returns that you have filed while abroad. Make sure to include a description of everything you are presenting as proof of domicile in the U.S. in your written statement and how you believe that's sufficient proof to such claim.

Hope this helped! Good luck.

[Ryan E 10]

I was in a similar situation and was approved. See this thread:" http://www.visajourney.com/forums/topic/534703-petitioner-not-living-in-the-us-for-a-year-will-it-be-a-problem/

[ajr_ntknq 4]

Thanks to both of you! Ryan E. - great sample letter in your thread, well done.

So, Joemelea - what you are saying makes sense. If I understand you, it is best to just stipulate how I meet the requirements rather than provide an actual narrative as to how it will play out.

[joemelea 0]

I agree. Very good sample letter in the thread you provided, Ryan E.

I honestly believe they aren't very particular with how we choose to present all of our evidences and written statement, as long as what we are presenting as evidence is clearly stated and that any or all evidence is complete. Provide them with photocopies and have originals on hand just in case they ask for them.

For me, I simply just listed out all the evidence I prepared and attached and wrote a short explanation as to how that specific piece of evidence helps support my claim for maintaining my domicile in the U.S. while temporarily abroad.