I-864 Domicile and what to put in part 4 box 5

[scampbel31 1]

 I know many questions have been asked about the domicile issue, but I don't recall seeing anything that specifically stated what everyone put in the box Part 4 #5 "Country of Domicile".  I have been living and working in China coming up on 7 years now and am not sure what to put in this box.  The directions say "Indicate the country where you maintain your principle residence and where you plan to reside in the foreseeable future".  I reside in China, but I plan to move back to the USA so this is not an "and" statement for me.  Meaning that its not one way or the other but a combination of US and China.  We are heading to Guangzhou next week for the interview and I want to make sure that we have the right information in that box.  The supporting evidence that we are planning on moving back is not a problem, but I am not sure what to put in the box.  For those living in another country and going through the DCF filing what did you put?  The country you live and work in or USA?

 

Also, I am a little concerned about putting USA as I don't want there to be a misunderstanding with the IRS or state tax agencies that we had the intention of coming back to that particular state because I gave up my residency in the state I moved from so that I can move to China.  

 

Any feedback would be greatly appreciated.   

[NikLR 13,227]

This is where you're going to need to provide evidence to the consulate that you will be reestablishing your domicile in the USA.  Have you done anything for that?

[scampbel31 1]

Thanks, but the evidence that we are moving back is not the problem.  We have lots of information for this.  It is a question of what to write on the form.  I will provide evidence for what ever I put that I am moving back to the US.  However I am concerned if I put China then they might just reject it.  Also, if I write USA it might create problems or be in conflict the the tax filings.  So I am confused with what to put in the box.

[millefleur 5,047]

 

Thanks, but the evidence that we are moving back is not the problem.  We have lots of information for this.  It is a question of what to write on the form.  I will provide evidence for what ever I put that I am moving back to the US.  However I am concerned if I put China then they might just reject it.  Also, if I write USA it might create problems or be in conflict the the tax filings.  So I am confused with what to put in the box.

You can put USA or China. They don't really pay much attention to the answer, they pay more attention to the evidence you provide to back up the answer. That's really what matters, at least, in my experience.

 

I put USA, then explained that I maintained my address and voting records in the States, despite putting my mailing address as Russia during the DCF process. I didn't have any problems at all and they accepted everything.

Edited May 7, 2017 by millefleur

[patriot10 11]

I put USA, after giving much thought on the issue.

 

Later, on the day of the interview, after my interview was succesful, i asked the interviewing officer, that this had been a question that kept me guessing and what is the right answer.

 

He said, the domicile is USA basis your intent to move to the US .

 

Correct answer, hence is USA, basis your intent to domicile.

 

Mailing address is the address where you intend to set up address.

 

Your present address is where you put the present address where you are residing.

 

hope that helps.

 

rgds.

[scampbel31 1]

Thanks Patriot10.  This explains things nicely.  I will put USA and then provide all of the evidence.  

[684117 15]

To be on the safe side, put USA. eventually you are American, you have ties to America. 

 

Even if Physical address is abroad, you will move there and have the states as a domicile for the foreseeable future. 

 

What we also included, was a copy of the work/residence permit abroad. It shows that it expires every year and needs to be renewed. Just as assurance that the physical address of the petitioner in not permanent. 

[Tinabee 0]

On 5/7/2017 at 7:47 AM, scampbel31 said:

 I know many questions have been asked about the domicile issue, but I don't recall seeing anything that specifically stated what everyone put in the box Part 4 #5 "Country of Domicile".  I have been living and working in China coming up on 7 years now and am not sure what to put in this box.  The directions say "Indicate the country where you maintain your principle residence and where you plan to reside in the foreseeable future".  I reside in China, but I plan to move back to the USA so this is not an "and" statement for me.  Meaning that its not one way or the other but a combination of US and China.  We are heading to Guangzhou next week for the interview and I want to make sure that we have the right information in that box.  The supporting evidence that we are planning on moving back is not a problem, but I am not sure what to put in the box.  For those living in another country and going through the DCF filing what did you put?  The country you live and work in or USA?

 

Also, I am a little concerned about putting USA as I don't want there to be a misunderstanding with the IRS or state tax agencies that we had the intention of coming back to that particular state because I gave up my residency in the state I moved from so that I can move to China.  

 

Any feedback would be greatly appreciated.   

Thank you for asking this question, I had the exact same one. 

[NikLR 13,227]

On 5/10/2017 at 4:11 AM, 684117 said:

To be on the safe side, put USA. eventually you are American, you have ties to America. 

 

Even if Physical address is abroad, you will move there and have the states as a domicile for the foreseeable future. 

 

What we also included, was a copy of the work/residence permit abroad. It shows that it expires every year and needs to be renewed. Just as assurance that the physical address of the petitioner in not permanent. 

You put where you live.  This form is an official document and needs to be correct when it's signed.  If updated between submitting to NVC and interview, the beneficiary submits a new I-864 at interview. (For instance if the petitioner has moved to the USA.)

 

To automatically put down the USA because someone is American is misrepresentation if they do not currently live there.

 

There is no "safe side".  There is correct and incorrect and nothing between.  If you have domicile in the USA but are temporarily living elsewhere, you can put the USA as your place of domicile providing you have evidence of said domicile.  If all you have is a parent's address, well that's not your domicile, that's theirs.  Without evidence you can and will reside there, you're lying on an official government form. 

 

Pretty much only Montreal is really strict on this issue.  Most countries just need evidence of intent to reestablish domicile. 

Edited June 18, 2017 by NikLR