Domicile

[Khatera DS 11]

Hello everyone,

 

I'd like some advice regarding domicile. To summarize my case very briefly:

K1 filed in February, 2018

K1 denied after embassy interview, April 2019

Cr1 filed September, 2019

Currently, I am stuck in pending security checks at USCIS. 

I have since relocated to Pakistan with my son to live with my husband because I could not live alone in America due to my disability. I recently learned that I will have to have surgery and wanted my husband to apply for an emergency visa to accompany me to the Cleveland VA hospital. First, I sought out an immigration lawyer. This lawyer informed me that living in Pakistan and enrolling my son in a local school while waiting for the interview would severely complicate things and even result in a possible denial due to my inability to prove domicile. Will the embassy take my disability into consideration? What are your own experiences proving domicile when living abroad with your spouse? Thank you. 

[Chancy 6,241]

On 5/3/2021 at 3:29 PM, Khatera DS said:

This lawyer informed me that living in Pakistan and enrolling my son in a local school while waiting for the interview would severely complicate things and even result in a possible denial due to my inability to prove domicile. Will the embassy take my disability into consideration?

 

It would not be a big deal as long as you can provide evidence that you've maintained US domicile while temporarily residing abroad, or you take concrete steps to re-establish domicile in the US before or at the same time as your husband's US admission.  The I-864 FAQ below has more details.  There is no mention of disability being a consideration in determining compliance to the domicile requirement.

 

Can a sponsor maintain U.S. domicile while living abroad temporarily?

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22

 

[Khatera DS 11]

3 minutes ago, Chancy said:

 

It would not be a big deal as long as you can provide evidence that you've maintained US domicile while temporarily residing abroad, or you take concrete steps to re-establish domicile in the US before or at the same time as your husband's US admission.  The I-864 FAQ below has more details.  There is no mention of disability being a consideration in determining compliance to the domicile requirement.

 

Can a sponsor maintain U.S. domicile while living abroad temporarily?

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22

 

Thank you so much for the info. 

[Strawberrymermaid 346]

On 5/3/2021 at 2:29 AM, Khatera DS said:

Hello everyone,

 

I'd like some advice regarding domicile. To summarize my case very briefly:

K1 filed in February, 2018

K1 denied after embassy interview, April 2019

Cr1 filed September, 2019

Currently, I am stuck in pending security checks at USCIS. 

I have since relocated to Pakistan with my son to live with my husband because I could not live alone in America due to my disability. I recently learned that I will have to have surgery and wanted my husband to apply for an emergency visa to accompany me to the Cleveland VA hospital. First, I sought out an immigration lawyer. This lawyer informed me that living in Pakistan and enrolling my son in a local school while waiting for the interview would severely complicate things and even result in a possible denial due to my inability to prove domicile. Will the embassy take my disability into consideration? What are your own experiences proving domicile when living abroad with your spouse? Thank you. 

Hi there, just wanted to wish you a quick note of success. I don't have any info about domicile but am hoping you get good news soon after your long journey. 💖

[Khatera DS 11]

7 hours ago, Strawberrymermaid said:

Hi there, just wanted to wish you a quick note of success. I don't have any info about domicile but am hoping you get good news soon after your long journey. 💖

That is so kind of you. I really, really appreciate that more than you know. 💕💕

[Timetrain 1]

On 5/3/2021 at 2:29 AM, Khatera DS said:

Hello everyone,

 

I'd like some advice regarding domicile. To summarize my case very briefly:

K1 filed in February, 2018

K1 denied after embassy interview, April 2019

Cr1 filed September, 2019

Currently, I am stuck in pending security checks at USCIS. 

I have since relocated to Pakistan with my son to live with my husband because I could not live alone in America due to my disability. I recently learned that I will have to have surgery and wanted my husband to apply for an emergency visa to accompany me to the Cleveland VA hospital. First, I sought out an immigration lawyer. This lawyer informed me that living in Pakistan and enrolling my son in a local school while waiting for the interview would severely complicate things and even result in a possible denial due to my inability to prove domicile. Will the embassy take my disability into consideration? What are your own experiences proving domicile when living abroad with your spouse? Thank you. 

There is nothing wrong with living abroad as long it is not permanent and as long as you have an intent to move back to U.S. To maintain and establish proof of domicile, you will need to be a registered voter, have valid drivers ID, maintain bank account, proof of property, proof of student and other loans. Last but not the least is do file tax return even if it is zero income.

[Khatera DS 11]

6 minutes ago, MajidD said:

There is nothing wrong with living abroad as long it is not permanent and as long as you have an intent to move back to U.S. To maintain and establish proof of domicile, you will need to be a registered voter, have valid drivers ID, maintain bank account, proof of property, proof of student and other loans. Last but not the least is do file tax return even if it is zero income.

Thank you so much for your reply, Majid. I have all those except I do not own property or have any loans. 

[Timetrain 1]

40 minutes ago, Khatera DS said:

Thank you so much for your reply, Majid. I have all those except I do not own property or have any loans. 

So you are domiciled already. Property and loans just add to list of proof. I am here to help anyone anytime.