Establishing Domicile. Help Much Appreciated!

[janamaria 0]

Hey everyone!

Would massively appreciate your help everyone if you could!

I am a dual citizen (UK and US) and I am about to petition for my husband (UK citizen) so we can move to the US together.

DOMICILE! I was born in the UK and have lived here my whole life. I once lived in the US (for about five months) travelling and staying with different family members, I also got my social security number while I was there during this time. Would this short amount of time count as having once had domicile in the US? If not, I realise I have to then prove my concrete plans to establish domicile in the US. Examples on official websites to do this are- a job offer, rental agreement or enrolling kids in school. My husband and I are self-employed, were planning on travelling so would have no rental needs, and have no children, so none of these options really work for us. Are there any other ways to establish domicile?

Thanks in advance!

[dwheels76 5,466]

Hey everyone!

Would massively appreciate your help everyone if you could!

I am a dual citizen (UK and US) and I am about to petition for my husband (UK citizen) so we can move to the US together.

DOMICILE! I was born in the UK and have lived here my whole life. I once lived in the US (for about five months) travelling and staying with different family members, I also got my social security number while I was there during this time. Would this short amount of time count as having once had domicile in the US? If not, I realise I have to then prove my concrete plans to establish domicile in the US. Examples on official websites to do this are- a job offer, rental agreement or enrolling kids in school. My husband and I are self-employed, were planning on travelling so would have no rental needs, and have no children, so none of these options really work for us. Are there any other ways to establish domicile?

Thanks in advance!

Well the most important thing you have to do is get a domicile. You have to have a APT, HOME, Room something.

Here is the list to think of some things but a lease or a letter of a friend you will live with something to show that you are truly coming and staying in the US.

Domicile

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):

NAME

SOCIAL SECURITY NUMBER

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.

Signature: ____________________________________________________ Date: ______________________

[phd1974 17]

To petition, you do not have to have domicile in the US,

"If you reside outside of the United States where USCIS has an international office, you may file at the USCIS Chicago Lockbox facility or at the USCIS international office in the country in which you reside. If you reside outside of the United States where USCIS does not have an international office, you may file at the U.S. Embassy or consulate having jurisdiction over the area where you live only if exceptional circumstances exist and the USCIS Field Office Director with jurisdiction over that location determines that the Embassy or consulate may accept and adjudicate the case. For a list of USCIS international offices and filing instructions please visit www.uscis.gov/international."

BUT, after you are approved for the petition, you will need to file an I864, in which you will need to be domiciled in the US.

See this VERY informative web page on the EXACT same issue you are facing:

http://lawandborder.com/issues-for-u-s-citizens-expats-in-filing-the-form-i-130-immigrant-petition-for-alien-relative/

So you will need to do some work in order to prove domicile in the U.S.

[Cathi 5,696]

you need to come ahead of him and set up domicile.

[NikLR 13,227]

Youre filing via DCF correct?

[janamaria 0]

Well the most important thing you have to do is get a domicile. You have to have a APT, HOME, Room something.

Here is the list to think of some things but a lease or a letter of a friend you will live with something to show that you are truly coming and staying in the US.

Domicile

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):

NAME

SOCIAL SECURITY NUMBER

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.

Signature: ____________________________________________________ Date: ______________________

Thanks so much for this! I will look at these examples for sure. Do I need to have a house/apartment/room straight away? If we were going to visit my family for a couple of weeks before travelling/looking for our own place could I use this as our domicile?

To petition, you do not have to have domicile in the US,

"If you reside outside of the United States where USCIS has an international office, you may file at the USCIS Chicago Lockbox facility or at the USCIS international office in the country in which you reside. If you reside outside of the United States where USCIS does not have an international office, you may file at the U.S. Embassy or consulate having jurisdiction over the area where you live only if exceptional circumstances exist and the USCIS Field Office Director with jurisdiction over that location determines that the Embassy or consulate may accept and adjudicate the case. For a list of USCIS international offices and filing instructions please visit www.uscis.gov/international."

BUT, after you are approved for the petition, you will need to file an I864, in which you will need to be domiciled in the US.

See this VERY informative web page on the EXACT same issue you are facing:

http://lawandborder.com/issues-for-u-s-citizens-expats-in-filing-the-form-i-130-immigrant-petition-for-alien-relative/

So you will need to do some work in order to prove domicile in the U.S.

Thank you, I will have a look at this link now. Is that right that I have to do some work to prove domicile? I thought just a job offer would count?

you need to come ahead of him and set up domicile.

I'm not sure this is right! From what I have read I just have to prove I am planning to establish domicile?

Youre filing via DCF correct?

Yes I am! Does that make a difference to the domicile issue? Thanks for replying!

[Anh map 2,098]

Are your US income tax filings sorted out? The US taxes on worldwide income. You may not owe US tax, but if you've earned more than $10k in any of the past 3 years you will need to submit copies of those returns or IRS transcripts.

[janamaria 0]

Are your US income tax filings sorted out? The US taxes on worldwide income. You may not owe US tax, but if you've earned more than $10k in any of the past 3 years you will need to submit copies of those returns or IRS transcripts.

Thanks for replying! I have never worked in the US, do I still need to do this?

[Transborderwife 4,666]

Thanks for replying! I have never worked in the US, do I still need to do this?

Have you worked outside of the USA? If so, you still likely need to file taxes

[janamaria 0]

Have you worked outside of the USA? If so, you still likely need to file taxes

Yes I have worked in England, I will check this out, thanks for your help!

[Anh map 2,098]

Thanks for replying! I have never worked in the US, do I still need to do this?

Worldwide income. So yes, it applies to you.

Use the links in my signature below for I864 FAQ's and information about filing income taxes for 2013 - 2015.

[janamaria 0]

Worldwide income. So yes, it applies to you.

Use the links in my signature below for I864 FAQ's and information about filing income taxes for 2013 - 2015.

Thank you, I will!

[NikLR 13,227]

~~moved to DCF from IR1/CR1 process and procedures~~

[7Ken 15]

Dumb question I guess.. but don't you have to "live" in the US to petition someone for immigration?

Also It's my understanding a petitioner must show intent to return to the US, not just domicile to file DCF?

[awaywego 28]

Dumb question I guess.. but don't you have to "live" in the US to petition someone for immigration?

Also It's my understanding a petitioner must show intent to return to the US, not just domicile to file DCF?

You're referring to "intent to reestablish domicile." This is an option for addressing the domicile requirement of I-864 sponsorship, and it's likely the one that janamaria will one to pursue.

janamaria, check the I-864 instructions for a bit more on domicile, including a starter list of evidence. The letter posted above is another good resource. Note, though, that it shows the two most common paths to addressing domicile – showing one has maintained and showing intent to reestablish – while you only need to go with one. NVC also has a bit on domicile in their I-864 FAQs.

For reestablishing domicile, you basically want to show that you are actively sorting things that need to be sorted in order to move, so finding a place and a job, preparing to ship your belongings, setting up school for any kids, and other things one does when one is preparing to move.

Each embassy/consulate is a bit different in how strict they are on this. There are plenty of posters around who have gone through London, and they might have some info for you on how strict it is.