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Proving Domicile, native born.

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I am 25 years old, i was born here in the Philippines and acquired my USC when i was 2 years old. I haven't stayed in the US for years but only for months, I am living here in the Philippines.

Now i have a wife and child, i want my family to live in the US:
1. Shall i file CR1 and CR2 visa for the both of them? (i'll be filing at US Embassy Manila)
2. For the Affidavit of support, i'll be having a joint sponsor for the both them. How do i prove my domicile since i'm living here in the Philippines?

Thank you.

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You are not native born if you got your USC at age 2.

1. You will file the I-130s for them. Once approved, they apply for the visas. Follow the Guides on this site.

2. As the petitioner, you do need to show a US domicile or the intent to establish one. Research on this site. This is a common question. You will need to do this.

3. If you have earned more than $10,000 in the last 3 years, have you filed your US tax returns as required? If you fail to file, then no visas.

Best of luck

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The U.S. Domicile Requirement for Petitioners Living Outside the U.S.

A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:

1. He or she has taken steps to establish a domicile in the United States;

2. He or she has either already taken up physical residence in the United States or will do so currently with the applicant;

3. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

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 state that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have 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.

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1. Yes

2. Show "intent to re-establish domicile"- ie serious plans to move to the USA; enroll the kids in school, start job searching, email estate agents about homes etc... if at all possible, go over to the USA for some research into where you will live and maybe even some job interviews, and while there, maybe get a local drivers license, get registered to vote, get a cheap cell phone etc.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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