intent to reestablish US domicile

[steve-phuket 8]

since I (the USC) live abroad with my wife, i will need to prove intent to reestablish US domicile.

 

i have read the info about things like registered to vote (check), retirement and bank accounts (check) , driving license (check but expired) , and rental lease (maybe a problem from overseas)

 

however, i'm thinking about buying land and building a house / small vacation rental business. i've actually looked into this already a few of years ago but my previous wife wasn't interested, but my new one is. back then, i sent hundreds of emails to realtors and building departments, researched cost of local building materials, designed a house and spent several months working on this, all on line.

 

do you think if i did all that again, that would be convincing proof that i plan to make a go if it in the US with my new wife?

 

thanks

 

[Ron Babb 5]

Mail in her I-130 and I-130A and supporting documents to Lewisville, Texas from Thailand.  This gets the clock running.  Once case is approved at USCIS and goes to NVC, you normally have to re-establish physical U.S. domicle before you can file the I-864 to NVC.  Of course you can submit a exception request to NVC at that time and risk denial.  I assume you will be the financial sponsor.  Your case will probably go to Nebraska and its 7 - 9.5 months waiting time.  However, there is a potential layoff of 13,400 USCIS on 30 Aug.  Hope this helps.  I am in the Philippines 18 years and filed our papers 10 Apr 2020.

[steve-phuket 8]

14 minutes ago, Ron Babb said:

Mail in her I-130 and I-130A and supporting documents to Lewisville, Texas from Thailand.  This gets the clock running.  Once case is approved at USCIS and goes to NVC, you normally have to re-establish physical U.S. domicle before you can file the I-864 to NVC.  Of course you can submit a exception request to NVC at that time and risk denial.  I assume you will be the financial sponsor.  Your case will probably go to Nebraska and its 7 - 9.5 months waiting time.  However, there is a potential layoff of 13,400 USCIS on 30 Aug.  Hope this helps.  I am in the Philippines 18 years and filed our papers 10 Apr 2020.

number of questions here, why Texas, why not online? why Texas, i'm based in CA?  i don't believe i have to 're-establish physical U.S. domicle before you can file the I-864 to NVC', i think all i need to do is prove my intent to return

 

ok, i see because filing outside US have to file with Texas address, thanks

If you are filing a standalone Form I-130, and you live outside the United States*

Mail your application to: USCIS Dallas Lockbox For U.S. Postal Service (USPS) deliveries: USCIS Attn: I-130 P.O. Box 650264 Dallas, TX 75265

Edited August 17, 2020 by steve-phuket

[Ron Babb 5]

Not sure about Thailand, but Homeland security for normal processing was removed from the U.S. Embassy in Manila and most embassies over year ago by Trump and mail-in is our normal here.  Of course if you have a bonifide emergency the embassy might entertain.  

 

I believe I tried to file on-line at first, but there was a part about biometrics reporting in the U.S. that made me quit that procsess.

Edited August 17, 2020 by Ron Babb

[Ron Babb 5]

Here is Thailand guidance now:

 

File your petition by mail with the USCIS Dallas Lockbox or online using the USCIS website. You can find additional filing information on the Form I-130 webpage.

If you are a U.S. citizen, the Department of State may accept a petition from you if you are filing for your immediate relative (spouse, unmarried child under the age of 21, or parent (if you are 21 years of age or older) at a U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3. Please contact the U.S. Embassy or Consulate having jurisdiction over the area where you live for further information.

[steve-phuket 8]

thanks, online looks pretty simple, i just started filling in the I-130 questionnaire , but i assume supporting documents will have to be mailed to dallas anyhow?

[Ron Babb 5]

https://www.uscis.gov/file-online/tips-for-filing-forms-online

 

• Upload evidence

  • As part of the application process, you must provide evidence to support your application. These documents help us evaluate your application and verify your answers are true.
  • Use a scanner or take pictures of each document. Make sure each image you attach is clear and that all text is readable.
  • Files must not be larger than 6MB in size, and must be in one of these formats: PDF, JPG, JPEG, TIF or TIFF.

• Translations

  • If your documents are in a foreign language, upload an English translation along with the original.

Edited August 17, 2020 by Ron Babb

[Just Paul 4,591]

6 minutes ago, steve-phuket said:

thanks, online looks pretty simple, i just started filling in the I-130 questionnaire , but i assume supporting documents will have to be mailed to dallas anyhow?

Proof of domicile occurs at the NVC, if filing stateside, or at the CONSULATE if a DCF is accepted.

[Chancy 6,233]

2 minutes ago, steve-phuket said:

thanks, online looks pretty simple, i just started filling in the I-130 questionnaire , but i assume supporting documents will have to be mailed to dallas anyhow?

 

No need to mail anything to the lockbox if you are filing online.  All supporting documents should be scanned and uploaded to the website.  Also, in case it's not clear, it's perfectly acceptable to file online even if the petitioner is outside the US.

 

[Lucky2Lucky 2,526]

1 hour ago, steve-phuket said:

since I (the USC) live abroad with my wife, i will need to prove intent to reestablish US domicile.

 

i have read the info about things like registered to vote (check), retirement and bank accounts (check) , driving license (check but expired) , and rental lease (maybe a problem from overseas)

 

however, i'm thinking about buying land and building a house / small vacation rental business. i've actually looked into this already a few of years ago but my previous wife wasn't interested, but my new one is. back then, i sent hundreds of emails to realtors and building departments, researched cost of local building materials, designed a house and spent several months working on this, all on line.

 

do you think if i did all that again, that would be convincing proof that i plan to make a go if it in the US with my new wife?

 

thanks

 

You have time to establish domicile- I wanted to point out a biggie you didn’t mention- tax returns. Also expired drivers license doesn’t mean a thing FYI.

[geowrian 22,335]

You can file by paper or online. No issue there. The domicile piece comes into play with the I-864, and isn't typically something NVC will address. The CO will determine the domicile / intent to establish domicile component at the interview, but you can provide evidence when you submit it at NVC as well.

 

1 hour ago, Ron Babb said:

I believe I tried to file on-line at first, but there was a part about biometrics reporting in the U.S. that made me quit that procsess.

Biometrics of the petitioner being required for the I-130 is very rare, but it exists whether you file online or via paper.

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

Quote

USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your petition and ensures it is complete, we will inform you in writing, if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.

 

[steve-phuket 8]

2 hours ago, Chancy said:

 

No need to mail anything to the lockbox if you are filing online.  All supporting documents should be scanned and uploaded to the website.  Also, in case it's not clear, it's perfectly acceptable to file online even if the petitioner is outside the US.

 

great, good to know, thanks

 

[carmel34 3,529]

9 hours ago, steve-phuket said:

i'm thinking about buying land and building a house / small vacation rental business. i've actually looked into this already a few of years ago but my previous wife wasn't interested, but my new one is. back then, i sent hundreds of emails to realtors and building departments, researched cost of local building materials, designed a house and spent several months working on this, all on line.

If you actually buy land in the US and are in the process of building a home on it (not just thinking about it), and have the financial documents to prove it, that would be very strong evidence of intent to re-establish US domicile from abroad IMO.  That evidence won't be needed until the visa interview abroad, most likely a year or more after filing the initial I-130 petition, so you have lots of time to work on it.  Also US tax returns will be needed for the petitioner at the NVC stage of the process, so if you don't have those, file them for at least the last three years, based on your world-wide income.  Good luck!

[JFH 12,189]

If you are bringing school-age children be sure to include communications with the school district regarding admissions for the children. This is another good way to show your intent to re-establish domicile. 

[steve-phuket 8]

10 hours ago, carmel34 said:

If you actually buy land in the US and are in the process of building a home on it (not just thinking about it), and have the financial documents to prove it, that would be very strong evidence of intent to re-establish US domicile from abroad IMO.  That evidence won't be needed until the visa interview abroad, most likely a year or more after filing the initial I-130 petition, so you have lots of time to work on it.  Also US tax returns will be needed for the petitioner at the NVC stage of the process, so if you don't have those, file them for at least the last three years, based on your world-wide income.  Good luck!

i will not buy anything before returning to US but i hope if i show appointments to see property etc. that will be enough. 

 

as to tax returns i only filed in 2019 and will file in 2020. i didn't have enough income to file in 2017-18 but since my Affidavit of Support will be based on saving (assets) in the US i think tax returns maybe not so important