Living Abroad, Proving Domicile in US/intent to move back

[jerval 11]

IR-1 Visa here, just made it to the NVC stage.

 

I've lived in Chile since 2011 and have been waiting for my wife's visa to be approved before moving to the states. I obviously am going to be moving back to the states with my wife and daughter, but I have to prove that to the NVC.

 

I'm writing a letter explaining my situation and including the following information. They all show the same address, where we intend on living.

 

• US Bank account statement
• US credit card statement
• LLC formed in 2020 in my name
• Proof that I've been applying for jobs (emails and job board confirmations)
• Latest federal tax return

 

Will this be enough? Should I include something else?

 

I don't have a recent voting record, US property or an unexpired driving licence. My latest state taxes were filed for 2018 in a different state than we're planning on moving (where mother lived, moving to where father is). That is why I'm not including my state taxes.

 

I have to use a joint sponsor because I only have foreign income that will stop once I quit my job and move to the states.

[JFH 12,190]

Have you filed tax returns every year? It doesn’t prove domicile but I just wanted to put that out there as they will want to see you have been maintaining your obligations as a USC (assuming you made over the filing threshold).

 

For domicile, what will your living arrangements be? Have you contacted apartment rental agents or realtors about properties? If you have children have you contacted schools? You can include those searches/communications as evidence of intending to establish domicile. It might even be easier for you to return before her interview so that at the interview she can confirm that you are back in the USA. A few months of separation never killed anyone. 

[jerval 11]

Thanks for the reply! Yes, I've filed taxes for all the years I've lived here, unfortunately I can't find a copy of my 2017 taxes which means I'd have to ask for transcripts through the mail. The IRS online interface doesn't work for me.

 

As for domicile, we're going to be living with a parent of mine until I get a job in the US, this address is also my permanent address. Unless I find a job before we move there then I'd fly out before my wife and rent a place, etc. I could conceivably contact a realtor and look for rentals, not sure if that'll help. The idea is that during the NVC stage I find a job. My daughter is too young to go to school.

[Just Paul 4,595]

9 minutes ago, jerval said:

Thanks for the reply! Yes, I've filed taxes for all the years I've lived here, unfortunately I can't find a copy of my 2017 taxes which means I'd have to ask for transcripts through the mail. The IRS online interface doesn't work for me.

 

As for domicile, we're going to be living with a parent of mine until I get a job in the US, this address is also my permanent address. Unless I find a job before we move there then I'd fly out before my wife and rent a place, etc. I could conceivably contact a realtor and look for rentals, not sure if that'll help. The idea is that during the NVC stage I find a job. My daughter is too young to go to school.

We needed to show our intent to re-establish domicile too.   Using email copies of conversation about housing and finding employers is fine.  Having a conditional job offer is even better.  You have keep up on the tax returns so that is good. 

[Punisher 40]

On 5/21/2020 at 5:07 PM, Paul & Mary said:

We needed to show our intent to re-establish domicile too.

"too" is incorrect. if you prove that you are domiciled in US then by definition you can't re establish something you aready are.
 

If you prove your stay abroad is temporary in nature and you are domiciled in US then you don't need to prove you are going back anytime soon.

 

if you can't prove domicile by showing your stay abroad is temporary, then the requirement can be met by proving intention to reestablish domicile in US by no later than intending immigrant's admission to US.

 

Also, some people erroneously think that by "going back to US before or together with" intending immigrant satisfies domicile or intent to reestablish domicile. The fact is nowhere does it say that setting foot on US soil equals domicile, because that is not what domicile is about. 
 

In other words: I often see comments on the forum that tell people to make sure USC spouse living abroad goes back to US before or together with intending immigrant. IMO That is not correct advise. If USC living abroad (temporarily) proves (for Aos app purposes) he/she is still domiciled in US, then intending immigrant can enter US regardless where USC spouse is and when is coming back to US.

Edited June 6, 2020 by Punisher