Domicile , living abroad.

[Alyssamarini 0]

Since July 2017 I have lived with my husband and I am really worried about them not accepting my proofs of domicile 

 

I have a bank account , a US license , I’ve done my taxes the past 3 years , will this be enough. I only had plans to stay here until during the visa process .. I do have a temporary residence permit since I needed that to be here over a year but not sure if there’s anything else I can include 

 

any help would be great

[JFH 12,189]

Filing taxes for the last three years means nothing, all USCs, wherever they live in the world, are required to file federal taxes. All that proves is that you are aware of your civic responsibilities. 

 

To prove your intent to re-establish domicile you can apply for jobs, look for or lease an apartment, etc. You can also move before your husband, you don't have to wait for his visa to be issued. Moving back to the USA takes care of that matter completely. 

[jesserz 73]

I had the same fears as I also live abroad with my husband. However, you said "US license." That's gotta have an address on it. Is it maybe a parent's address? Because the idea is to "re-establish" domicile. So where do you plan to live when you move back? For example, we will live with my mom, so I showed that her address is on my license; I get mail there; I can't wait to go back; she's cool with it, etc.

 

Oh, same thing with the bank account. Do you use the account? That's linked to an address too.

Edited September 8, 2018 by jesserz

[JFH 12,189]

*~*~*moved from "what visa do I need?" to "IR-1/CR-1 spouse visa process and procedures"*~*~*

[Alyssamarini 0]

6 minutes ago, JFH said:

Filing taxes for the last three years means nothing, all USCs, wherever they live in the world, are required to file federal taxes. All that proves is that you are aware of your civic responsibilities. 

 

To prove your intent to re-establish domicile you can apply for jobs, look for or lease an apartment, etc. You can also move before your husband, you don't have to wait for his visa to be issued. Moving back to the USA takes care of that matter completely. 

I don’t want to move back before lol but we plan to live with my mom for a year or two when we come back so I don’t need a lease or apartment. 

[JFH 12,189]

1 minute ago, Alyssamarini said:

I don’t want to move back before lol but we plan to live with my mom for a year or two when we come back so I don’t need a lease or apartment. 

Get your mother to draw up a basic lease. She can download a template from the Internet. 

 

Or a statement from her that you will be living with her. Have you looked for work?

Edited September 8, 2018 by JFH

[Alyssamarini 0]

7 minutes ago, jesserz said:

I had the same fears as I also live abroad with my husband. However, you said "US license." That's gotta have an address on it. Is it maybe a parent's address? Because the idea is to "re-establish" domicile. So where do you plan to live when you move back? For example, we will live with my mom, so I showed that her address is on my license; I get mail there; I can't wait to go back; she's cool with it, etc.

 

Oh, same thing with the bank account. Do you use the account? That's linked to an address too.

Yup we plan to live with my mom too , and that’s my legal mailing address too as well as the address on my bank statements. I don’t use my bank account A LOT but it definitely is active 

1 minute ago, JFH said:

Get your mother to draw up a basic lease. She can download a template from the Internet. 

 

Or a statement from her that you will be living with her. Have you looked for work?

Not yet , we’re just entering the NVC phase so I’m not sure of exactly when we will be back 

[jesserz 73]

12 minutes ago, Alyssamarini said:

Yup we plan to live with my mom too , and that’s my legal mailing address too as well as the address on my bank statements. I don’t use my bank account A LOT but it definitely is active 

Not yet , we’re just entering the NVC phase so I’m not sure of exactly when we will be back 

That's all exactly what I had going for me too, then. Is your mom the joint sponsor as well? Having her draw up a lease, as suggested, is a very good idea. I had my mom write up a letter saying that she is the owner of the house we will be living in and that she hereby says we can stay with her for the foreseeable future with no problems. Another good one is to write a moving company and get a quote from them on how much it would cost to move all your stuff to the USA. Then include the price quote in with your package. Showing that you're making (specifically you, the US citizen) moves to go back to the US. 

 

Another good one is if you voted from abroad. Also keeping open a US phone number (or sending proof that you intend to have one again). I mean, none of these are as good as "look, I have a job!!!," but the more the merrier.

 

Furthermore, on the flip side, living with your husband is great for establishing a bonafide relationship. So you win some, you lose some.

[NikLR 13,220]

You need intent to reestablish domicile. Check out the NVC wiki on ideas of how to do this. A lease for staying with your mom is one of those things that will make it easier.  Majority of countries will not require you to move back first with a qualified joint sponsor and what you have thus far.  

[Mr&Mrs G. 903]

You don't have to show domicile, but you must show intent to reestablish domicile. There is no need for one spouse to travel first unless you are having problems being able to show intent.

 

 

My wife showed, voter registration in her her mom's address, bank accounts and credit cards registered in her mom's, we also bought a car while over on a holiday and took out extended warranty and motor insurance.

 

[abdo1 40]

9 hours ago, Alyssamarini said:

Since July 2017 I have lived with my husband and I am really worried about them not accepting my proofs of domicile 

 

I have a bank account , a US license , I’ve done my taxes the past 3 years , will this be enough. I only had plans to stay here until during the visa process .. I do have a temporary residence permit since I needed that to be here over a year but not sure if there’s anything else I can include 

 

any help would be great

a statement from your mother would be fine

[shumway1756 304]

I am in the same situation as you (living abroad since May 2017 for the visa process, with residence permit in my wife’s country). I claimed the US as my domicile with no problems.

 

I provided state taxes, proof of voting in local elections, car ownership, proof of paying renters insurance at my place of residence, bank statements, and utility payments.

 

The consular officer was more than satisfied and said it was clear that my intention was always for my absense from the US to be temporary, and therefore my domicile has been and continues to be the US. My temporary residence in my wife’s country did not change this.

 

I don’t necessarily have advise on how to proceed on your exact situation, but wanted to share how this worked out for me.

[vibgyor1111 2]

I tried to fulfill the domicile requirement with DL, land deed, investment accounts, but I also included a letter stating my intent to re establish after visa was granted, if granted. I've been away more than 10 years and it never seemed to be an issue. 

[lindinhos96 48]

I had been living abroad myself and did go back to the US to reestablish my domicile so I have done a lot of research about this. From the responses I see several cases here that I guess should be handled differently:

 

1. Petitioner moved abroad specifically for the visa and has been gone for a short time.

2. Petitioner has been living abroad for a long time. 

3. Petitioner never lived in the US.

 

I assume that the burden of proof is progressively greater for each of these, simply because you need to persuade the consular officer and in the first case it seems very likely that you will go back, and in the last it is not certain. Because I fell in the middle category I felt like it was safer to reestablish my domicile first in order to ensure that there would be no hiccups in the process, but technically I think you should be allowed to pass if you show proof of intent to reestablish domicile. I assume it also depends on how difficult it is in your country. I bet that if they can see strong evidence of a bona fide marriage then that is a clear sign that you want to reestablish your domicile because your spouse will be moving to the US. It might be harder for people who are petitioning parents, brothers, and sisters, because it is not assumed that you need to live with those family members.

 

In the case where the petitioner has never lived in the US, I bet the bar is going to be much higher for them to prove that they will live there than for cases where the USC has been gone for a year that aligns with the visa process. I bet that in that case it would be helpful (though possibly not obligatory) for the USC to go to the US and actually establish a domicile first. NVC asks for proof of domicile in such cases and you will have to satisfy them with your documents before they will let you explain your case at the consular interview. I was told by an NVC rep that they ask for this only in cases where a foreign address was used on the last tax return and the I-864 says you are not domiciled in the US, though maybe a different rep would have said something different. Also, NVC says that you can be living abroad temporarily, for a fixed time period (as in the cases where someone goes abroad only for the visa process), and still be domiciled in the US. That makes it seem like the OP could possibly say she is domiciled in the US. I found this FAQ helpful on that subject (look at the domicile section). https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html From what I understand you are also allowed to go to the US and establish a domicile there, and then go back to visit your spouse. 

 

So in summary, I pretty much agree with the advice of the other posters, especially for the OP's case, where the consular officer will have a lot of reason to believe that the OP will go back. But for people who have been living abroad for longer or haven't lived in the US, more proof is better. All this is just what I assumed based on my own research as I was trying to avoid getting held up in NVC or getting a denial at the interview and then having to take time to reestablish my domicile in a way that would satisfy the CO. Good luck to all!

 

Edited September 9, 2018 by lindinhos96

[slc12312 11]

On 9/9/2018 at 6:24 AM, vibgyor1111 said:

I tried to fulfill the domicile requirement with DL, land deed, investment accounts, but I also included a letter stating my intent to re establish after visa was granted, if granted. I've been away more than 10 years and it never seemed to be an issue. 

This post was from a while ago, but I thought I'd ask. You said you "tried to fulfill the domicile requirement", did what you submit fulfill that? I've been away for 5 years and in a similar situation, although I don't have a land deed.