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What should I do next? I am so confused.

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Short version:

From what stage of the application process do I, the American spouse, have to prove domicile?

Long version:

I'm sorry for asking such a newbie question, but I am really lost on what I am supposed to do.

I'm American my wife is Japanese and I mailed out the I-130, while living in Japan, last year. It got accepted and I paid the AOS bill and submitted the DS-261. The website shows that I need to pay the IV bill, but I haven't paid that yet. I know I need to send in some documents and paperwork that show affidavit of support and stuff like that. I haven't moved forward with that because there is an issue with domicile, right? I need to be in America or at least show that I intend to move there soon, right?

We are in China right now and we have two tickets for America in August. Her's of course is a round trip ticket. Is there anything that I can be doing right now to minimize the amount of time that she will have to spend in Japan alone? I may receive a job offer in a few weeks, would that be sufficient evidence to prove my intention to move back to America?

Thanks a lot.

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Here is the info:



Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):



Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

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.

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I'm no expert on this, but we are living in the UK and I am the one requiring the visa/beneficiary, my husband is the American national/petitioner. We filed the I-130, paid the AOS fee, submitted the DS260 and then paid the IV fee. It is at that point after paying the fees and then filing the DS260 that you gather and submit the documents, one of which is proof of domicile. I found this a nice easy flow chart of the process by step. http://travel.state.gov/content/visas/english/immigrate/immigrant-process/petition.html

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