How to Prove Domicile?

[rehan120 1]

My wife stayed with me for 11 months. At interview, they asked her to go back to prove her domicile. What can she do?
She already have US Bank accounts and she used her account to pay her emirates ticket from Pakistan to USA. She even have a valid driving license as well. and home as well. 

She is applying for jobs as well but its taking time. I'm thinking of showing her passport stamp along with her bank statements and driver license. Is that enough?
Do you think should we upload/submit domicile document or should we wait for her job first?
Thanks.

Edited October 30, 2018 by rehan120

[Ahmed&Freda 628]

8 hours ago, rehan120 said:

My wife stayed with me for 11 months. At interview, they asked her to go back to prove her domicile. What can she do?
She already have US Bank accounts and she used her account to pay her emirates ticket from Pakistan to USA. She even have a valid driving license as well. and home as well. 

She is applying for jobs as well but its taking time. I'm thinking of showing her passport stamp along with her bank statements and driver license. Is that enough?
Do you think should we upload/submit domicile document or should we wait for her job first?
Thanks.

Passport stamp and drivers license is not enough.  Does the drivers license list the permanent address?  If so you can use it.  Does she own the home or lease?  She would need to supply a copy of the lease or title and utilities bills to prove she is living there.   Did they ask for her to prove employment?  I could be wrong but I don't think she has to wait until she has a job to prove domicile but someone here who knows a little more on the subject may be more helpful.

 

Here is a link that may be helpful https://www.visajourney.com/wiki/index.php/NVC_Process  scroll down to the domicile section.

Edited October 30, 2018 by Ahmed&Freda

[rehan120 1]

18 minutes ago, Ahmed&Freda said:

Passport stamp and drivers license is not enough.  Does the drivers license list the permanent address?  If so you can use it.  Does she own the home or lease?  She would need to supply a copy of the lease or title and utilities bills to prove she is living there.   Did they ask for her to prove employment?  I could be wrong but I don't think she has to wait until she has a job to prove domicile but someone here who knows a little more on the subject may be more helpful.

 

Here is a link that may be helpful https://www.visajourney.com/wiki/index.php/NVC_Process  scroll down to the domicile section.

Her driver license does mention her permanent address. 

And no she doesn’t own house or lease but she lives with her parents and they own house.

but she is planning to buy a car under her title/name. 

And no they didnt ask her for her employment. 

Can we use a lettee from her parents that she is planning to live here in house for foreseeable future?

Edited October 30, 2018 by rehan120

[Boiler 43,434]

Exactly what a Consulate requires varies by Consulate, job offer and start date would help.

[vistajones 62]

If your wife doesn't reside in the US, she can provide a letter explaining her intention to re-establish domicile.

What we used for our case:

1. US bank account

2. US credit card with US billing address

3. Current driver's license

4. Letter from petitioner's foreign employer that his contract ends before our plan of moving.

5. Temporary visa

6. my husband wrote a letter as well, just to elaborate on everything.

 

re-read the instruction, somewhere in there you can find a thing or two about it.

[rehan120 1]

2 hours ago, vistajones said:

If your wife doesn't reside in the US, she can provide a letter explaining her intention to re-establish domicile.

What we used for our case:

1. US bank account

2. US credit card with US billing address

3. Current driver's license

4. Letter from petitioner's foreign employer that his contract ends before our plan of moving.

5. Temporary visa

6. my husband wrote a letter as well, just to elaborate on everything.

 

re-read the instruction, somewhere in there you can find a thing or two about it.

My wife stayed with me in Pakistan for 11 months. She is now back in states. and she does have US Bank account and driver license and house to live. Can we use that?

[lierre 224]

17 minutes ago, rehan120 said:

My wife stayed with me in Pakistan for 11 months. She is now back in states. and she does have US Bank account and driver license and house to live. Can we use that?

I’m a bit confused. First things first.

 

Are you the beneficiary who lives outside the US? Your wife is the petitioner who currently lives in the US? And you’re looking for proof of her US domicile?

Edited October 31, 2018 by lierre

[rehan120 1]

1 hour ago, lierre said:

I’m a bit confused. First things first.

 

Are you the beneficiary who lives outside the US? Your wife is the petitioner who currently lives in the US? And you’re looking for proof of her US domicile?

My wife stayed with me in Pakistan for 11 months. At my interview she went with me and CO asked her to go back to USA to prove domicile. She is back in states now. 

She has US bank account which she sued for her plane ticket from Pakistan to USA, She lives with her parents, She has valid US Driver's License. 
Is hat enough?

[NikLR 13,220]

Most likely yes.  She can send copies of her bank statements showing home address, a letter from her parents showing you two are allowed to live there, and a copy of her drivers license. 

[lierre 224]

10 hours ago, rehan120 said:

My wife stayed with me in Pakistan for 11 months. At my interview she went with me and CO asked her to go back to USA to prove domicile. She is back in states now. 

She has US bank account which she sued for her plane ticket from Pakistan to USA, She lives with her parents, She has valid US Driver's License. 
Is hat enough?

 

For my I-130 petition (CR-1 visa), my spouse did not have domicile in the US. Living in the US (domicile) is a requirement for Affidavit of Support (Form I864 or I864EZ) (link: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#12)

 

The form instructions on the USCIS.gov guide are a very helpful resource for your question: I-864 or I-864EZ. I suggest you read it once and then twice and then again before you submit anything else.

 

Here's a relevant excerpt. Please note the text I underlined as acceptable proof of domicile according to USCIS:

 

"Item Number 5. Country of Domicile. Provide the name of the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. 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.

1. You are employed by a certain organization. Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment... (This goes on to list examples.)
2. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. state or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.
3. 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 you will be domiciled 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. Attach proof of the steps you have taken to establish domicile as previously described.

 

[geowrian 22,335]

I don't think the OP had an issue with what counts as evidence, but if the evidence they have already is sufficient.

It sounds good to me, but I'm not the CO. Only the CO can make that decision....there is no way to know beforehand what exactly is enough to satisfy him/her. I'd suggest submitting it and finding out.

[Nitas_man 3,100]

7 hours ago, lierre said:

 

For my I-130 petition (CR-1 visa), my spouse did not have domicile in the US. Living in the US (domicile) is a requirement for Affidavit of Support (Form I864 or I864EZ) (link: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#12)

 

The form instructions on the USCIS.gov guide are a very helpful resource for your question: I-864 or I-864EZ. I suggest you read it once and then twice and then again before you submit anything else.

 

Here's a relevant excerpt. Please note the text I underlined as acceptable proof of domicile according to USCIS:

 

"Item Number 5. Country of Domicile. Provide the name of the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. 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.

1. You are employed by a certain organization. Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment... (This goes on to list examples.)
2. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. state or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.
3. 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 you will be domiciled 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. Attach proof of the steps you have taken to establish domicile as previously described.

 

 

On 10/30/2018 at 12:03 AM, rehan120 said:

My wife stayed with me for 11 months. At interview, they asked her to go back to prove her domicile. What can she do?
She already have US Bank accounts and she used her account to pay her emirates ticket from Pakistan to USA. She even have a valid driving license as well. and home as well. 

She is applying for jobs as well but its taking time. I'm thinking of showing her passport stamp along with her bank statements and driver license. Is that enough?
Do you think should we upload/submit domicile document or should we wait for her job first?
Thanks.

It is enough to have a drivers license, permanent address, and bank account (hopefully all addressed to the same place)

Did she bring it to the interview?  If not, she needs to send those things in.

It is not a requirement to return to the US and establish a domicile to either file a support affidavit or petition a spouse.  

[vistajones 62]

On 10/31/2018 at 11:34 AM, rehan120 said:

My wife stayed with me in Pakistan for 11 months. She is now back in states. and she does have US Bank account and driver license and house to live. Can we use that?

Yes, you can use those.

Have her parents to write a letter stating that she lives with them and Print out bank statements with the same address.

If she got a car under her name that would be great as well.

 

Good luck.

[pushbrk 12,110]

On 10/30/2018 at 11:34 PM, rehan120 said:

My wife stayed with me in Pakistan for 11 months. She is now back in states. and she does have US Bank account and driver license and house to live. Can we use that?

Her passport stamp indicating she has returned to the US will help.  The driver license should be great evidence if it is new and shows her current US address.  Does she have a lease, rental agreement or anything else to show she actually HAS a US domicile?