Proof of Domicile

[samandcarol 13]

I am a US citizen, but have lived overseas for twenty years (coming back to the US for visits every few years of course).  As the main sponsor (I-864 AOS) for my wife (I have a joint sponsor for the financial part), I need to prove I have US domicile.  I have US bank accounts, current US driver's license, am registered to vote in US, which are some of the types of evidence I have seen listed.  Has anyone used these kinds of evidence and been accepted?  Thanks for any input you may have.  

[seekingthetruth 1,218]

20 minutes ago, samandcarol said:

I am a US citizen, but have lived overseas for twenty years (coming back to the US for visits every few years of course).  As the main sponsor (I-864 AOS) for my wife (I have a joint sponsor for the financial part), I need to prove I have US domicile.  I have US bank accounts, current US driver's license, am registered to vote in US, which are some of the types of evidence I have seen listed.  Has anyone used these kinds of evidence and been accepted?  Thanks for any input you may have.  

Read the I-864 FAQ carefully:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos18

 

A sponsor who is not currently living in the United States may meet the domicile requirement if he or she can submit evidence to establish that any of the following conditions apply:

 

The sponsor is employed by certain organizations as defined below.
 

The sponsor is living abroad temporarily and has maintained his or her domicile in the United States.
 

The sponsor intends in good faith to establish his or her domicile in the United States no later than the date of the intending immigrant’s admission to the United States.

 

If not submitted to NVC along with the Affidavit of Support form, the petitioner will need to provide the visa applicant with evidence of his or her domicile. The visa applicant will need to bring that evidence to the visa interview for the consular officer to review.

 

If you don't live in the U.S., and don't meet one of the exceptions, then you are not proving U.S. domicile, you are showing the intent to reestablish domicile.  See the bold section above.  I am the same.

 

Read this post that contains what I am going to do.

 

 

[Suze1 366]

Sure thing.  Plenty of people  who lived overseas for an extended period return to the US,  with spouses etc.

The key is not so much "trying" to look like you have "continued to live in the US" or still have ties to the US.

The KEY is demonstrating your DEFINITE intentions to return to the US to reside there with the intending immigrant family member.

THAT IS THE KEY, in my view.

So.  be sure to develop your plans  to return, and be able to show evidence of such that will give the IO comfort that such IS your intention.

[Suze1 366]

@seekingthetruth Exactly!

(How ya doin'?...Your post looks vaguely familiar...lol)

Cheers, Buddy,

Suze1

[Suze1 366]

So, show definite intentions to return to reside with the intended family member, including:

1. Your travel plans to travel to the US (don't need exact dates or tickets, but just basic time frame)
2. That you will return to the US to reside here with or before the intended immigrant arrives
3. Where you will stay when you return to the US (even if only temporarily)
4. Where you will likely reside once settled
5. What you will do (work, school, etc.)
6. That you will reside together (or be prepared to justify why that will not be the case...this raises your risk..btw)
7. And that/how you will meet the financial support requirement, either by yourself or with a joint sponsor (as you know)

 

Evidence of the above goes a long way to reassuring the Immigration Officer of your intentions.

Edited June 30, 2021 by Suze1

[seekingthetruth 1,218]

11 hours ago, Suze1 said:

Sure thing.  Plenty of people  who lived overseas for an extended period return to the US,  with spouses etc.

The key is not so much "trying" to look like you have "continued to live in the US" or still have ties to the US.

The KEY is demonstrating your DEFINITE intentions to return to the US to reside there with the intending immigrant family member.

THAT IS THE KEY, in my view.

So.  be sure to develop your plans  to return, and be able to show evidence of such that will give the IO comfort that such IS your intention.

I like this evolved version of the domicile answer.  Short and to the point!  I might have to plagiarize it if you are not around!😁

[samandcarol 13]

@seekingthetruthI noticed on your timeline that both your spouse and stepdaughter received the "Case Is Being Actively Reviewed" notice from USCIS, but were approved pretty quickly.  The case for my adopted son got the message on Jan 28, 2021, and we are still waiting for approval!

[samandcarol 13]

@Suze1 @seekingthetruth

Thanks for your input.  That does clarify things a bit!  It seems that the things I mentioned aren't really very useful.  Except maybe bank account to prove that I have some money available when we're getting settled in?  I am planning to go to graduate school in the US next year, so I could include proof of taking the GRE (grad school entrance exam) last year and application to US grad school?  And an invitation from my parents to stay with them when we're getting settled?

 

The information says that I should submit the proof along with the I-864.  However at this point (just starting the NVC process), I have no idea how long it might take for our application to be accepted, so it is hard to make concrete plans.  Is it possible to add more things after the I-864 application is sent and we have a better idea of the timeframe?

 

Thanks again!

[seekingthetruth 1,218]

3 hours ago, samandcarol said:

@seekingthetruthI noticed on your timeline that both your spouse and stepdaughter received the "Case Is Being Actively Reviewed" notice from USCIS, but were approved pretty quickly.  The case for my adopted son got the message on Jan 28, 2021, and we are still waiting for approval!

Yes, I think mine was quick.  Yours should be coming soon.  I think my family situation might help, as we have two U.S. citizen kids.  I emphasize our family unit in the applications and communications.

[Suze1 366]

1 hour ago, samandcarol said:

Thanks for your input.  That does clarify things a bit!

Sure thing. Anytime.

 

Yes, plans for work in the US, plans for school in the US, place to stay in the US, etc...all  that is very good, and exactly to their point/concerns.

The spousal visa is a "family reunification" visa,  basically.  A visa to allow the family to be with the US citizen IN AMERICA.

So,  show that YOU WILL BE IN AMERICA, and that you want your FAMILY there with you.

That is really the key/point of all this.

And as long as you can show sufficient financial support, you are good-to-go.

 

Cheers,

Suze1

[Suze1 366]

7 hours ago, seekingthetruth said:

I like this evolved version of the domicile answer.  Short and to the point!  I might have to plagiarize it if you are not around!😁

hee hee...too funny...By all means, my friend. Peace.

[samandcarol 13]

@Suze1 Thanks again for your help!  One other question.  Is it necessary for all documents to be notarized?

[Suze1 366]

@samandcarol You are most welcome.

Very few documents need to be notarized. Only if they say it needs to be. Otherwise, no need to do so.

[Suze1 366]

@samandcarol Love Taipei btw. Used to spend a lot of time in HK and Tokyo. Love Shanghai too. And, of course, Manila. Studied some Chinese/Mandarin in college.

Edited July 3, 2021 by Suze1

[samandcarol 13]

@Suze1 OK, not having to worry about notarization makes things easier.  Thanks!

 

Sounds like you have quite a bit of experience in this part of Asia!  Who knows when we'll be able to freely explore these cities again