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AP_kills

No Sufficient US Domicile Proof

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I am sponsoring my daughter who is 16 years old to join me *I'm permanent green card holder.

 

During her interview they asked her to provide your father domicile proof. given shes only 16, So I try to spend more time with her and I can not live permanently in the U.S. yet until she joins me. However to fulfill embassy requirements I submitted bank account statements, Credit card statements, My son added my name on his rental lease, phone bills but that does not seem to be sufficient according to the embassy. I don't understand what else i can do to fulfill their requirements. Would a letter describing my current circumstances be sufficient. I did not work in the U.S. as I spent most of my time with my daughter however I did filled taxes but showed no income. I have a joint sponsor. 

 

Here's the embassy response:

The lease agreement does not indicate that he is permanently residing in the United States. Provide more evidence of petitioner’s permanent residence in the United States.  Please see the ‘Domicile instruction sheet’

 

What does domicile mean?

 

Generally, domicile means the place where you currently have a residence and intend to live for the foreseeable future. For a more comprehensive definition, please refer to the Immigration and Naturalization Act of 1952 Section 101 (a)(33).

 

Can a U.S. citizen or Legal Permanent Resident (LPR) petitioner who is not domiciled in the United States be a sponsor?

 

No. Under the law, sponsors must be domiciled in the United States.

 

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

 

No. Under the law, a joint sponsor cannot be authorized when the petitioner does not have a domicile in the United States.

 

How is domicile determined?

 

Domicile is a complex issue and must be determined on a case by case basis.

 

Many U.S citizens and Legal Permanent Residents reside outside the United States on a temporary basis, usually for work or family reasons. Temporary is a relative term and may cover an extended period residing abroad. If the sponsor can establish to the interviewing consular officer’s satisfaction that the sponsor left the U.S. for a limited time and continues to have ties to the U.S. then the sponsor can be considered to be domiciled in the U.S.

 

To qualify as a sponsor, a petitioner who is temporarily residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Legal Permanent Resident (LPR) sponsors also must demonstrate that they have maintained their status.

 

In addition, there are other circumstances where a sponsor could retain his or her domicile while living abroad, such as being employed by the U.S. Government, a U.S. research institution, a U.S. corporation, a public international organization recognized by a U.S. Treaty or Statute, or a religious organization -- and stationed abroad as a result of that employment.

 

Also, persons who are abroad temporarily to study or teach may still be considered to be domiciled in the United States if they can satisfy the interviewing consular officer that they did not give up their domicile in the United States and establish a domicile abroad.

 

How can the petitioner establish a domicile?

 

If the sponsor has not maintained a domicile in the U.S., the sponsor must establish their domicile in the U.S. before their family member can be issued an Immigrant Visa.

 

To do this, the sponsor must prove that they have taken the necessary steps to make the U.S. his or her immediate and principal place of residence. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools, voting in U.S. elections, having U.S. bank accounts, or filing U.S. taxes.

 

It is not necessary for the sponsor to go to the U.S. before the sponsored family members to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above.

more evidence of petitioner’s permanent residence in the United States.  Please see the ‘Domicile instruction sheet’

 

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8 minutes ago, AP_kills said:

 

How can the petitioner establish a domicile?

 

If the sponsor has not maintained a domicile in the U.S., the sponsor must establish their domicile in the U.S. before their family member can be issued an Immigrant Visa.

 

To do this, the sponsor must prove that they have taken the necessary steps to make the U.S. his or her immediate and principal place of residence. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools, voting in U.S. elections, having U.S. bank accounts, or filing U.S. taxes.

 

It is not necessary for the sponsor to go to the U.S. before the sponsored family members to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above.

more evidence of petitioner’s permanent residence in the United States.  Please see the ‘Domicile instruction sheet’

 

You have your answer right there.

 

This is another good resource: Link: 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

 

Quote

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

  • He or she has either already taken up physical residence in the United States; or
  • He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

  • Opening a bank account
  • Transferring funds to the United States
  • Making investments in the United States
  • Seeking employment in the United States
  • Secure a residence in the United States
  • Register children in U.S. schools
  • Applying for a Social Security number
  • Voting in local, State, or Federal elections

 


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of those differences between us, for it is not difference which immobilizes us, but silence.
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1 hour ago, AP_kills said:

However to fulfill embassy requirements I submitted bank account statements, Credit card statements, My son added my name on his rental lease, phone bills but that does not seem to be sufficient according to the embassy. I don't understand what else i can do to fulfill their requirements. Would a letter describing my current circumstances be sufficient.

More ideas for intent to establish domicile are in the NVC wiki: http://www.visajourney.com/wiki/index.php/NVC_Process

A letter can be provided, but they likely want to see evidence of actual US domicile or sufficient intent to establish domicile.

 

Other common evidence includes things like quotes for moving expenses, enrollment plans for school for the child, a firm job offer (or possibly even communication with recruiters to obtain US-based employment).

 

1 hour ago, AP_kills said:

I did not work in the U.S. as I spent most of my time with my daughter however I did filled taxes but showed no income. I have a joint sponsor.

How long have you been abroad? Do you have a re-entry permit?

An F2A case takes about 2 years for the PD to become current alone...having stayed abroad for "most of my time" puts your own permanent residency at risk.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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The most basic of definition for domicile is the place where you normally live.

 

Right now, you don't fulfill the requirements for a US domicile so it's impossible for you to prove it.  You must come and live in the US to fulfill the requirements.


Your problem is that you went to the USA, got your green card, and went HOME where you stayed.  That puts your permanent residency in the US at risk.  In the eyes of the US Government, you came the US to get your green card and visit your son without any intention to make the US your home and then you went back to your real home to resume your life after a visit to the US.

 

A letter admitting that you violated the terms of your permanent residency will hurt you.  The US Embassy will not be sympathetic and must follow the law.  You admitting that you live at home and not the US will not help you prove having a US domicile.  It would prove you do not have a US domicile.

 

The fact that you are of working age and do not work is another problem in proving domicile.

 

Your only choice is to come to the US and make real ties to the US.  Right now, you have no real ties to the US.  Right now, your son's paperwork with your name on it has not satisfy the US.  It doesn't show you doing anything because the truth is that you have nothing to do with your son's lease or bills.  You working would be strong proof of you being in the US because it's not just your son putting your name on an account while you can be anywhere in the world.

 

 

Edited by aaron2020

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