Need help about proof of establishing domicile?

[Tunz 0]

I'm a green card holder petitioning for my spouse (who lives overseas) in F2A visa category. Our priority date is April 2015. It means we have to wait at least 6 more months. My mailing and residence address are in the US at the moment. Since I'm unemployed, I'm planning to go back to my country and come back with my husband after he gets his visa.

Before I leave I'm going to file Affidavit of support and other supporting documents.

Instructions say

If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

1. Should I provide explanation and documents for proving my domicile in this case?

2. Or since I'm going to leave in a week and come back with my husband should I attach an explanation that I'm going to re-establish my domicile and come back no later than my husband?

3. In this case, how can I proof that I've taken concrete steps to establish that I will domicile in the US. Because at this moment, I haven't taken any concrete steps.

4. Do you think just the explanation letter without the proof could be enough for now?

[lost_at_sea 995]

How long are you intending to go back to your home country? Are you already there? How long have you been outside the USA for a continuous period?

As a green card holder, you are expected to maintain a US residency, or else risk losing your green card. If it's going to be for more than 6 months, I'd advise you obtain a re-entry permit before leaving, but if you've already left without a permit, I'd advise that you not remain abroad for too long.

In terms of proving domicile - you'll have to do exactly that. You should show that your stay abroad is temporary, with evidence - show that you are maintaining a home in the USA (lease, mortgage), have a job waiting for you etc. You will need this for the I-864. You'll also need to ensure that you are filing your tax returns. You will actually need to take the concrete steps that you so far have not taken.

DoS provides further domicile guidance here: https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

If you've simply been abroad for a few weeks, essentially on "vacation" time, then none of this matters. Your residency will still be the USA.

Edited August 24, 2016 by lost_at_sea