Proving domicile after 16 years overseas

[jerome1204 0]

I'm the spouse and petitioner for my wife's IR-1 visa. We submitted the DS-260 last month, but we've been holding off on submitting the i-864 affidavit until all the supported documents are in order. I'm mostly concerned with proving domicile since I've been abroad for 16 years. I have several supporting documents to show that I have maintained US domicile, such as bank accounts and a driver's license, but I believe I will need to show the steps I have taken to return to the US to take up residence.

 

The timeline is the problem. We will need to move to the U.S. in July because that is when my kids get out of school and when my current overseas employer's housing contract expires. I won't likely be hired for a new job in the states until May or June. Therefore, we won't have any documents from my new US employer, my children's new school, or shipping company until around that time.

 

What supporting documents for domicile could I possibly submit this early, it being still eight months until we move? Should I submit what I can this early, or would it be better to wait?

[Crazy Cat 39,183]

9 minutes ago, jerome1204 said:

I'm the spouse and petitioner for my wife's IR-1 visa. We submitted the DS-260 last month, but we've been holding off on submitting the i-864 affidavit until all the supported documents are in order. I'm mostly concerned with proving domicile since I've been abroad for 16 years. I have several supporting documents to show that I have maintained US domicile, such as bank accounts and a driver's license, but I believe I will need to show the steps I have taken to return to the US to take up residence.

 

The timeline is the problem. We will need to move to the U.S. in July because that is when my kids get out of school and when my current overseas employer's housing contract expires. I won't likely be hired for a new job in the states until May or June. Therefore, we won't have any documents from my new US employer, my children's new school, or shipping company until around that time.

 

What supporting documents for domicile could I possibly submit this early, it being still eight months until we move? Should I submit what I can this early, or would it be better to wait?

I would be more concerned with showing  (US) income which qualifies as sufficient for the I-864.  

Edited November 10, 2018 by missileman

[Boiler 43,394]

If the interview will be in July then you have that evidence.

[jerome1204 0]

56 minutes ago, missileman said:

I would be more concerned with showing  (US) income which qualifies as sufficient for the I-864.

Why? Doesn't my current foreign-earned income qualify? Does it have to be money earned in the US?

[jerome1204 0]

34 minutes ago, Boiler said:

If the interview will be in July then you have that evidence.

But the supporting documents need to be mailed ahead of scheduling the interview, right? How early would I need to send those supporting documents?

[geowrian 22,335]

3 minutes ago, jerome1204 said:

Why? Doesn't my current foreign-earned income qualify? Does it have to be money earned in the US?

The income must continue from the same source upon returning to the US. This can be foreign-sourced income, but usually that doesn't meet that criteria.

Edited November 10, 2018 by geowrian

[jerome1204 0]

1 minute ago, geowrian said:

The income must continue from the same source upon returning to the US. This can be foreign-sourced income, but usually that doesn't meet that criteria.

Yes, that will be a problem then. I won't be starting the new job until I'm back in the states. I do receive some dividend income monthly, but that obviously won't be enough. If I have sufficient US savings, would that help?

[geowrian 22,335]

Just now, jerome1204 said:

Yes, that will be a problem then. I won't be starting the new job until I'm back in the states. I do receive some dividend income monthly, but that obviously won't be enough. If I have sufficient US savings, would that help?

Yes. Assets can be used. They must be at least 3x the required income level (or income level gap if using income too).

The CO makes a public charge decision based on the totality of the circumstances (not just minimums, so there is no way to know exactly what income/asset level will satisfy them).

[Jeanne Adil 1,651]

23 minutes ago, jerome1204 said:

Why? Doesn't my current foreign-earned income qualify? Does it have to be money earned in the US?

if u have been filing US tax returns,  it counts

u need to do this anyway

you want to get the i 864 and interview asap as now 2017 tax returns are required

after 4/15/2019 then 2018 tax returns are needed

[dwheels76 5,459]

1 hour ago, jerome1204 said:

I'm the spouse and petitioner for my wife's IR-1 visa. We submitted the DS-260 last month, but we've been holding off on submitting the i-864 affidavit until all the supported documents are in order. I'm mostly concerned with proving domicile since I've been abroad for 16 years. I have several supporting documents to show that I have maintained US domicile, such as bank accounts and a driver's license, but I believe I will need to show the steps I have taken to return to the US to take up residence.

 

The timeline is the problem. We will need to move to the U.S. in July because that is when my kids get out of school and when my current overseas employer's housing contract expires. I won't likely be hired for a new job in the states until May or June. Therefore, we won't have any documents from my new US employer, my children's new school, or shipping company until around that time.

 

What supporting documents for domicile could I possibly submit this early, it being still eight months until we move? Should I submit what I can this early, or would it be better to wait?

Here's the list from the NVC Process wiki to look at and get as much of this as possible.

 

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

 

Step 7 - Gather IV Package

[Boiler 43,394]

Sounded to me like you are looking for a new job?

[jerome1204 0]

8 hours ago, geowrian said:

Yes. Assets can be used. They must be at least 3x the required income level (or income level gap if using income too).

The CO makes a public charge decision based on the totality of the circumstances (not just minimums, so there is no way to know exactly what income/asset level will satisfy them).

Good to know. Thank you.

[jerome1204 0]

7 hours ago, dwheels76 said:

Here's the list from the NVC Process wiki to look at and get as much of this as possible.

 

Domicile

Please note, if the petitioner lives with the beneficiary abroad, you'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable, of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

 

Step 7 - Gather IV Package

Thank you. I did see this document before posting here. Thus, my question about "steps I have taken to return to the US to take up residence."

[jerome1204 0]

2 hours ago, Boiler said:

Sounded to me like you are looking for a new job?

I am, but very few jobs are posted this early to be starting next August.

[Ryan H 3,790]

9 hours ago, adil-rafa said:

if u have been filing US tax returns,  it counts

 

Incorrect, the OP has stated the source of that income will not continue when they return to the US.  Therefore, it cannot be counted in terms of meeting sponsorship requirements.