Looking for a second opinion about intent to domicile?

[MarkWatson1991 0]

Hi all,

 

I've been out of the states for around 15 months, my last tax return was 2018-2019.

 

I've been told on a facebook i130 page that i don't have a strong enough case to prove domicile, as when i return to the states I will be living with my mom & step dad, before moving into an apartment. I will be getting the next flight home once we receive noa2, and will have an immediate job with my cousin at our family shop, i can provide two affidavits of support, and after two months of being home i will have accomodation for me and my wife. My bank account shows both our names, and i have money going through that account regularly. 

 

I'm looking for your opinion and advice regarding my domicile, and whether intent to domicile is accepted anymore?

 

thanks

 

Mark.

[Dashinka 23,301]

Maybe have your cousin formalize the job offer in writing.  It sounds like you plan to be in your own place prior to your wife’s interview so you should also have a lease by then, but you could also ask your parents to write up a quick lease agreement.  Additionally, I assume you have written a formal declaration to establish domicile.

 

Good Luck!

[MarkWatson1991 0]

19 minutes ago, Bill & Katya said:

Maybe have your cousin formalize the job offer in writing.  It sounds like you plan to be in your own place prior to your wife’s interview so you should also have a lease by then, but you could also ask your parents to write up a quick lease agreement.  Additionally, I assume you have written a formal declaration to establish domicile.

 

Good Luck!

My cousin said he can send me a letter from his own office, with letterhead and in formal text. so thats one thing i can confirm.

My parents would be happy to write up a lease agreement, so again another thing ticked off the list.

I can also write a declaration of intent to domicile, and/or prove domicile.

 

Would i be able to stay past noa2, if i prove INTENT to domicile, or would i have to return to the US?

 

I would really like to return on the same flight as my wifes, and have read intent to domicile isn't enough now?

[Dashinka 23,301]

1 hour ago, MarkWatson1991 said:

My cousin said he can send me a letter from his own office, with letterhead and in formal text. so thats one thing i can confirm.

My parents would be happy to write up a lease agreement, so again another thing ticked off the list.

I can also write a declaration of intent to domicile, and/or prove domicile.

 

Would i be able to stay past noa2, if i prove INTENT to domicile, or would i have to return to the US?

 

I would really like to return on the same flight as my wifes, and have read intent to domicile isn't enough now?

Not as well versed on the timing aspect, but I think you should be able to as long as you have the domicile intent evidence.

 

Good Luck!

[Nitas_man 3,100]

3 hours ago, MarkWatson1991 said:

Hi all,

 

I've been out of the states for around 15 months, my last tax return was 2018-2019.

 

I've been told on a facebook i130 page that i don't have a strong enough case to prove domicile, as when i return to the states I will be living with my mom & step dad, before moving into an apartment. I will be getting the next flight home once we receive noa2, and will have an immediate job with my cousin at our family shop, i can provide two affidavits of support, and after two months of being home i will have accomodation for me and my wife. My bank account shows both our names, and i have money going through that account regularly. 

 

I'm looking for your opinion and advice regarding my domicile, and whether intent to domicile is accepted anymore?

 

thanks

 

Mark.

LOL facebook

You’re fine.  Drivers license, bank account, any other financial accounts (cell, insurance, retirement, etc) plus a letter for an employment (and) an address to go to is pretty much all they ask for.  We never actually moved to the address we put on the I-130 - by interview time we had set up something else.
It would be super if all those addresses (bank, license, etc) match up.

You haven’t been outside the US long enough for this to be an issue.

Sponsoring is harder.  If you don’t have a lot of cash in the bank you’re going to need a joint sponsor or need to leave first and start working.  They dont take promises.

[LilyJ 1,258]

If you’re intending to fly back to the US once NOA2 is received, you shouldn’t have to worry about intent to domicile, as intent for US domicile is done at NVC/interview stage and you’ll have already been back in the US. So domicile would already be proved just by you being back in the US already. But if you decide to stay instead of go back to the US after NOA2 as well, like others have said you should be fine proving your intent for domicile with what you have

[NikLR 13,220]

domicile is not an issue if you leave the UK at NOA2 and have a job and place to live by interview.  

Edited November 2, 2019 by NikLR