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Proving intent to re-establish domicile [DCF - London]

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Hello all,

I am trying to work out if I can reasonably make the claim that I am intending to re-establish domicile:

 

I have been living abroad for 7+ years and so am clearly not domiciled in the USA.

I do not own property in the USA.

I do not have a rental agreement.

Drivers license expired (cannot renew online).

 

I have maintained two separate US investment accounts with two different US financial institutions.

Visa Debit card in my name linked to a US financial institution.

Active voting record registered to my mother's house (my previous address prior to leaving the USA) and also the address where we will be initially staying.

I have paid all relevant state and federal taxes since residing abroad.

I have applied to college to study and can show correspondence between myself and admissions director.

 

Other than this the only thing I can think of would be to get a rental agreement from my mother as this is the address where we will be staying initially.

 

I know there is no clear cut way of proving intent to re-establish domicile and each application is judged on its merits, but any feedback, tips, etc would be appreciated from your past experience either directly in the process or having read here on this forum.

 

Thank you in advance.

 

 

 

 

 

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A lot of people get a written statement from their parent(s) saying that they intend to live there once they arrive in the US. This is what I'm planning to do as well. For what I've read on VJ, it works in most cases for young people who obviously don't own their own homes.

 

Sometimes people also show a temporary residence abroad (if you have a visa that's expiring, for a work contract that is ending, etc.) as proof of intent to re-establish domicile. I've even heard of people including quotes from international moving companies. Basically anything which shows that you are also leaving your current domicile abroad can be helpful as well.


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I scrounged around on VJ for the letter I wrote to the consulate in London to present at the interview to show I had reestablished domicile -- bear in mind this was almost 10 (sweet jesus) years ago but it can give you an idea of what has worked in the past. I had been living in the UK for 12 years and had zero ties to the US (no driver's license, no credit cards, zip). You should get the letter from your parents if possible -- I didn't have one, but it might have helped. There were so few DCF cases through London back then on VJ that we were sort of making it up as we went along.

 

 

I found my letter detailing re-establishment of domicile AT LAST! I will scan and remove some of the personal info, and post.



22 May 2007 

The Embassy of the United States of America 
Consular Section - Visa Services 
24 Grosvenor Square 
London 
W1A 1AE 

To whom it may concern: 

RE-ESTABLISHMENT OF US DOMICILE FOR ELMCITYMAVEN 

I write this letter in connection with the Immigrant Visa application LND2007XXXXXX for my husband, Jim Bob Elmcitymaven. I understand that I must show that I have made and continue to make efforts towards re-establishing US domicile in order to process and approve my husband's application. To that end, I append the following documents to show that I have re-established domicile in Random City, Connecticut: 

• Checking and savings accounts at the Bank of America (Hamden, CT branch) established March 2007 in my name, showing my address as 123 Whatever Avenue, Random City, CT 06555; 
• A letter dated 28 February 2007 from Social Security Administration detailing my accrued benefits, showing the same address; 
• A letter from my line manager, John Quincy Publick, confirming that I have informally tendered my resignation pending approval of my husband's immigrant visa; and 
• Email correspondence between Mary-Louise Smith, General Counsel of BigARSE Pension Fund, a $400m pension fund located in New York City, and myself showing I am being headhunted to become Director of Smartarsery for the fund. 

I have also taken other steps to secure employment upon our arrival in Connecticut, including extensive networking with US colleagues and pursuing leads from directors of the Smith Centre for Smartarsery and Skiving at the Poison Ivy School of Management. Indeed, I was asked to attend an informal interview at the Centre but it has unfortunately clashed with the date of my husband's interview at the Embassy. I am also following up leads for positions within my field at the California State Surfers’ Retirement System, the Los Angeles County Dossers Retirement Agency, Los Angeles City Sycophants Retirement System and Majuscule Group, a large investment manager. 

I have not formally resigned from my job, but I have informed my line manager and the company chief executive of my plans, and that my departure is contingent on my husband's visa approval. My line manager has agreed that my resignation will date from the day of any approval. 

I have also arranged living accommodation for my husband and myself on arrival. My parents have generously allowed us use of an entire floor of their house for as long as needed to establish a separate residence. As we rent our flat in London and the notice required to quit our flat is one month, I have not yet informed our landlord of our plans as we do not wish to lose our London residence should the visa be denied or delayed. 

I hope that the steps I have taken to re-establish residence are sufficient. I am eager to take any further steps that may be required if my actions prove unsatisfactory. 

Yours faithfully 

ELIZABETH ELMCITYMAVEN

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Hi @smm,

I'm also in the same situation. My wife (US citizen) has been working abroad for 6 years, but still has plenty of proof of her ties to US (Bank accounts, transferred funds, driver's license, paid taxes, voter's record, parents letter agreeing we can stay with them, as well as showing our work contracts abroad and rental agreement abroad will soon end.)

 

On form I-864 my wife must state: 'Country of Domicile'. Would she therefore put US (as she has a lot of proof of maintaining ties) or should she put UK (and explain the plan to re-establish domicile, explaining the above?)

 

Any help would be appreciated.

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9 hours ago, MikMac said:

Hi @smm,

I'm also in the same situation. My wife (US citizen) has been working abroad for 6 years, but still has plenty of proof of her ties to US (Bank accounts, transferred funds, driver's license, paid taxes, voter's record, parents letter agreeing we can stay with them, as well as showing our work contracts abroad and rental agreement abroad will soon end.)

 

On form I-864 my wife must state: 'Country of Domicile'. Would she therefore put US (as she has a lot of proof of maintaining ties) or should she put UK (and explain the plan to re-establish domicile, explaining the above?)

 

Any help would be appreciated.

 

I am in the same situation and after reading a lot about Domicile, I believe that she has more than enough to prove US Domicile, Voter records, Taxes filed, US Drivers License and Bank accounts are more than enough to proof ties to the US, in addition she can add that she will relocate  after visa issuance, etc.  I will be doing the same soon.

my 2 cents.


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As per what i have understood,

 

Only a person who claims domicile in the USA can even petition for an applicant. 

Domicile can be proven by either actual domicile or intent to domicile.

 

Intent to domicile can be proven by 

renewing your driving licence.

getting a phone number

registration for voting

enrolling kid/s into US schools

buying/renting/ a residence

Seeking a residence or related correspondence

paying taxes

getting a credit card in the US

opening a bank account in the US and putting money into it

correspondence with potential empoyers

An actual job

At the same time,

Cutting ties with country presently residing, which can include-

leaving job here

selling assets/house etc

taking kids out of school 

Terminating various contracts and services that one tends to have where one lives

 

 

Hence, country of domicile must be USA. Mailing Address should be your address in the USA and physical address should be where one is presently living (whichever foreign country)

 

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I am hoping that someone will confirm, that if

 

Petitioner and sponsor is living abroad to qualify for DCF for spouse/family,

 

Then on form 864, should country of domicile be USA or the country where one is resident.

What should be the mailing address?

What should be the physical address?

 

Actually, physical address is clear, cause that will be the country in which one is filing DCF.

 

But what about country of domicile and mailing address.

If one writes USA, its wrong cause one is abroad.

On the other hand, if one writes a foreign country than one cannot be a petitioner/sponsor.

 

Hoping for an authoratative reply on this.

 

Thanks.

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Got my visa approval....to answer my own question for the benefit of others....

 

the 864 i submitted had country of domicile of petitioner as U.S.A.

Mailing address was proposed address in the U.S.A

Physical address was present address in the country where we filed dcf.

 

Seemed to work fine for us.

 

hope this is of some use to anyone reading this.

 

rgds.

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