The domicile status on i-864

[please_advise 1]

Does the domicile claim on i-864 has to be valid as of the date of signing the i-864? Would this be irrespective of when the petitioner physically moved back to the U.S.? Say someone moved back to the U.S. in November but did not want to claim U.S. domicile just yet. Can one wait say until April of next year and then send i-864 and claim domicile as of that date (for e.g. say they were still travelling a lot etc.)? Basically does NVC/DOS care about the U.S. petitioner's domicile status before the day of signing i-864 form and submitting it to NVC?

Edited June 6, 2021 by please_advise

[Nitas_man 3,100]

What is a domicile claim

[darth vader 131]

I am guessing OP means checking the box in i-864 that says one in domiciled in the U.S.?  

Edited June 6, 2021 by darth vader

[Nitas_man 3,100]

2 minutes ago, darth vader said:

....

?

[please_advise 1]

Yes the box that says I am domiciled in the U.S. hence "claiming" to be domiciled

Edited June 6, 2021 by please_advise

[Nitas_man 3,100]

13 minutes ago, please_advise said:

Yes the box that says I am domiciled in the U.S. hence "claiming" to be domiciled

Are you?  Mine said KSA.  Because when I filed it that’s where my head hit the pillow every night.  
Do you live in the US?

[please_advise 1]

17 minutes ago, Nitas_man said:

Are you?  Mine said KSA.  Because when I filed it that’s where my head hit the pillow every night.  
Do you live in the US?

Yes my question applies to someone who has already moved to the U.S. physically but isn't comfortable claiming domicile until a later date which would be before they submit i-864. I have provided an example in my question. Please see my original post. Thanks!

Edited June 6, 2021 by please_advise

[Skyman 289]

I'm guessing this arises from overseas tax filing?

[please_advise 1]

4 minutes ago, Skyman said:

I'm guessing this arises from overseas tax filing?

Do not want to get in to specifics but a good example could be travel/obligations outside of the U.S. even after moving back, hence not wanting to officially claim domicile until a certain date even though one is physically in the U.S. But as long as the petitioner feels comfortable claiming domicile on the day they fill/sign the i-864, does NVC/DOS look back from that date or is that date and onwards is all they care about?

Edited June 6, 2021 by please_advise

[Nitas_man 3,100]

44 minutes ago, please_advise said:

Do not want to get in to specifics but a good example could be travel/obligations outside of the U.S. even after moving back, hence not wanting to officially claim domicile until a certain date even though one is physically in the U.S. But as long as the petitioner feels comfortable claiming domicile on the day they fill/sign the i-864, does NVC/DOS look back from that date or is that date and onwards is all they care about?

This is not a gray area.  If your claimed domicile is not your physical domicile on the date you signed that document then you are misrepresenting, in this case, a material fact in the document you signed.

It is the date you sign the document that matters.

NVC are clerks.  They don’t look at anything.  The affidavit is part of the permanent immigration record.  If a mismatch is ever discovered at any step in the future all immigration benefits are retroactively stripped
So, again, put your actual domicile and file it.  

Edited June 6, 2021 by Nitas_man

[please_advise 1]

51 minutes ago, Nitas_man said:

This is not a gray area.  If your claimed domicile is not your physical domicile on the date you signed that document then you are misrepresenting, in this case, a material fact in the document you signed.

It is the date you sign the document that matters.

NVC are clerks.  They don’t look at anything.  The affidavit is part of the permanent immigration record.  If a mismatch is ever discovered at any step in the future all immigration benefits are retroactively stripped
So, again, put your actual domicile and file it.  

Thanks! the date the petitioner will sign the i-864 they would be domiciled in the U.S. It's just that before that date they were already in the U.S. but did not claim domicile. So I guess my understanding is correct, if at the day you file i-864 you are domiciled in the U.S. what you did a week or a month back or more does not matter (lived and worked in the U.S. but did not feel comfortable calling yourself domiciled in the U.S.). That is all I wanted to know.

Edited June 6, 2021 by please_advise

[Nitas_man 3,100]

14 hours ago, please_advise said:

Thanks! the date the petitioner will sign the i-864 they would be domiciled in the U.S. It's just that before that date they were already in the U.S. but did not claim domicile. So I guess my understanding is correct, if at the day you file i-864 you are domiciled in the U.S. what you did a week or a month back or more does not matter (lived and worked in the U.S. but did not feel comfortable calling yourself domiciled in the U.S.). That is all I wanted to know.

There something wrong with you dude?  
 

No, that is not what I said.  I said that when you sign the form you put the correct domicile as if the day you sign the form.

 

If your domicile was the US before you signed the form then it was also your domicile earlier.  Signing a form isn’t when domicile is established.  Living someplace makes it your domicile. 
 

 

[please_advise 1]

36 minutes ago, Nitas_man said:

There something wrong with you dude?  
 

No, that is not what I said.  I said that when you sign the form you put the correct domicile as if the day you sign the form.

 

If your domicile was the US before you signed the form then it was also your domicile earlier.  Signing a form isn’t when domicile is established.  Living someplace makes it your domicile. 
 

 

You literally rephrased what I said. Can you please point out what part you disagree with?

[Nitas_man 3,100]

1 hour ago, please_advise said:

You literally rephrased what I said. Can you please point out what part you disagree with?

I did not rephrase anything