Is being domiciled something matters to the Embassy or NVC ?

[Hamada91 9]

Hi guys,

 

So My wife is a US citizen by birth but she never lived in the US as her family lives overseas and studying in college overseas as well. obviously she's not domiciled.

 

however, to prove intent Re-establish domicile, does she have to prove that to the NVC ( at this step where we send the documents ) or after ( at the interview in the embassy ) ?
 

Another thing, how can she prove intent of domicile in the US ? she never wants to go there by her own , we have to be together so how can we move forward to overcome this issue ?

 

BTW, she was intending to go back there anyway even before we met and married once she finishes school. So is it by showing her graduation certificate ( that as she finished studies here and time to go back ) ?

 

Thanks in Advance

Edited September 6, 2017 by Hamada91

[Crazy Cat 39,177]

11 minutes ago, Hamada91 said:

So is it by showing her graduation certificate ( that as she finished studies here and time to go back ) ?

That would be meaningless.........some suggested ways are:

 

The petitioner/sponsor  must demonstrate  by a preponderance of the evidence that they intend to establish a U.S. domicile by showing:

• Obtaining employment in the U.S.;
• Registering children in U.S. schools;
• Selling residences abroad;
• Establishing a mailing address in the U.S.;
• Providing a rent/mortgage agreement in the U.S; and/or
• Maintaining and actively using bank accounts in the U.S.

If she has never lived in the US, I think it will be very difficult to establish her intent without actually moving here or showing strong ties here..  Is it impossible?  Probably not, but I think it will be very, very difficult. 

[Hamada91 9]

14 minutes ago, missileman said:

That would be meaningless.........some suggested ways are:

 

The petitioner/sponsor  must demonstrate  by a preponderance of the evidence that they intend to establish a U.S. domicile by showing:

• Obtaining employment in the U.S.;
• Registering children in U.S. schools;
• Selling residences abroad;
• Establishing a mailing address in the U.S.;
• Providing a rent/mortgage agreement in the U.S; and/or
• Maintaining and actively using bank accounts in the U.S.

If she has never lived in the US, I think it will be very difficult to establish her intent without actually moving here or showing strong ties here..  Is it impossible?  Probably not, but I think it will be very, very difficult. 

So what do you suggest ? 

[Crazy Cat 39,177]

I am no expert in how to establish intent to domicile, since I was already living here (after living with my wife in Taiwan) when we filed.  I simply included my driver's license and a utility bill as evidence.  Having said that, I would use the search capability here on the VJ web site.  There have been many questions like yours over the past year.  You can probably get some good ideas from others' experience in this matter....Good luck in your journey.

[Crazy Cat 39,177]

Here is a thread regarding domicile when living outside the US:

 

[Hamada91 9]

Much thanks buddy, just a question i need an answer to, is the whole domicile thing related to the NVC or the embassy where we live ? 

[NikLR 13,220]

The consulate or embassy.

 

The thread linked is Canada specific and while there will be some interesting tidbits for you in there, there is no where in the world that is quite so strict about domicile as Canada so you do not need the level of evidence that a USC living in Canada would. 

[Crazy Cat 39,177]

1 hour ago, Hamada91 said:

Much thanks buddy, just a question i need an answer to, is the whole domicile thing related to the NVC or the embassy where we live ? 

Proof of domicile was a required item by the embassy when my wife interviewed.

[Hamada91 9]

11 hours ago, NikLR said:

The consulate or embassy.

 

The thread linked is Canada specific and while there will be some interesting tidbits for you in there, there is no where in the world that is quite so strict about domicile as Canada so you do not need the level of evidence that a USC living in Canada would. 

The US embassy in Saudi Arabia is the most lenient one.