Domicile requirement for petitioner

[Jose1014 0]

Hope someone can help me. My US citizen mom filed for I-130 to me, a single adult from India. She now lives and back to India since 2019. NVC is now asking to submit all documents and forms (DS-230 and I-864). We don't know what should we write down on the physical presence address for my mom. Should it be address from the states or India? If India, then her domicile requirement will be a problem? Please help me. Thanks.

[Boiler 43,446]

When will she be going home?

[Jose1014 0]

@Boiler thank you for your response. We don't know yet when she will return to USA. But definitely before my consular interview. But the problem is the present time because NVC is now asking for all the documents and forms and we don't know what to write in her physical address. 

[Chancy 6,233]

14 minutes ago, Jose1014 said:

She now lives and back to India since 2019. NVC is now asking to submit all documents and forms (DS-230 and I-864). We don't know what should we write down on the physical presence address for my mom. Should it be address from the states or India?

 

The only right choice is to answer truthfully -- that she lives in India.  Submit evidence of intent to re-establish domicile in the US, along with the I-864.

 

[Jose1014 0]

@Chancy thank you for your advice. Do you think a US chequing account is enough as proof of re-establishing domicile in the US because that's her only proof.

[Lil bear 3,831]

1 minute ago, Jose1014 said:

@Chancy thank you for your advice. Do you think a US chequing account is enough as proof of re-establishing domicile in the US because that's her only proof.

Probably not 

[SalishSea 16,775]

29 minutes ago, Jose1014 said:

Hope someone can help me. My US citizen mom filed for I-130 to me, a single adult from India. She now lives and back to India since 2019. NVC is now asking to submit all documents and forms (DS-230 and I-864). We don't know what should we write down on the physical presence address for my mom. Should it be address from the states or India? If India, then her domicile requirement will be a problem? Please help me. Thanks.

The purpose of that visa is for family reunification.  If you're both in India, why do you need the visa?

[Cassis1978 28]

43 minutes ago, Jose1014 said:

Hope someone can help me. My US citizen mom filed for I-130 to me, a single adult from India. She now lives and back to India since 2019. NVC is now asking to submit all documents and forms (DS-230 and I-864). We don't know what should we write down on the physical presence address for my mom. Should it be address from the states or India? If India, then her domicile requirement will be a problem? Please help me. Thanks.

Was she paying taxes or at least submitted the the declarations to IRS? Does she have property in the USA to show the real address? 
Checking account only  is not ok. It would be a problem if she can’t show the physical address in the USA - we had this problem with my mother in law and her daughter (my husband’s sister). So we had to add her to the power bill, open a debit card, fix all the tax problems. It was a real pain in the neck TBH. 
And Jorgedig made a very good point actually. 

[Jose1014 0]

@Jorgedig my mom only depend on me when I come to the states. I can work there and buy a property and we can live together. Right now, she finds it hard to live with relatives in the states that's why she prefers to live in India for now. She's also a senior citizen that's why she can't work in the states anymore.

[Jose1014 0]

43 minutes ago, Cassis1978 said:

Was she paying taxes or at least submitted the the declarations to IRS? Does she have property in the USA to show the real address? 
Checking account only  is not ok. It would be a problem if she can’t show the physical address in the USA - we had this problem with my mother in law and her daughter (my husband’s sister). So we had to add her to the power bill, open a debit card, fix all the tax problems. It was a real pain in the neck TBH. 
And Jorgedig made a very good point actually. 

@Cassis1978 what do you mean submitted the declarations to IRS? She's retired now and has below minimum income that's why she's not filing income tax anymore. She only has a US debit and credit card. No property in the states. She used to live with my aunt in the states. What's the power bill? Should we work on that before submitting I-864 and before my consular interview?

[Cassis1978 28]

6 minutes ago, Jose1014 said:

@Cassis1978 what do you mean submitted the declarations to IRS? She's retired now and has below minimum income that's why she's not filing income tax anymore. She only has a US debit and credit card. No property in the states. She used to live with my aunt in the states. What's the power bill? Should we work on that before submitting I-864 and before my consular interview?

Oh I see about taxes. 
So you will have a co-sponsor for the I-864? Someone from your family in USA, aunt may be?   Because how otherwise you mom may sign the Affidavit of support without any income? 
Don’t forget, later you would have to submit the financial evidence, check this out:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

Power bill - it’s a bill for electricity, that’s how we were proving  my mother’s in law domicile - she had no property, no income, and my husband was a co-sponsor for his sister (her daughter). 

[SusieQQQ 11,584]

31 minutes ago, Jose1014 said:

@Jorgedig my mom only depend on me when I come to the states. I can work there and buy a property and we can live together. Right now, she finds it hard to live with relatives in the states that's why she prefers to live in India for now. She's also a senior citizen that's why she can't work in the states anymore.

Who’s the co-sponsor? She obviously does not have the income.

 

You need to do a lot more work on the domicile aspect. Example from DoS FAQs

 

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she departed the United States for a limited and not indefinite period of time,
   
• He/she intended to maintain a domicile in the United States, and
   
• He/she has evidence of continued ties to the United States.

Examples of proof that a sponsor’s trip abroad is temporary and that he or she has maintained a domicile in the United States may include:

• A voting record in the United States
   
• Records of paying U.S. state or local taxes
   
• Having property in the United States
   
• Maintaining bank or investment accounts in the United States
   
• Having a permanent mailing address in the United States
   
• Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay

 

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

• He or she has either already taken up physical residence in the United States; or
   
• He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

• Opening a bank account
   
• Transferring funds to the United States
   
• Making investments in the United States
   
• Seeking employment in the United States
   
• Securing a residence in the United States
   
• Registering children in U.S. schools
   
• Applying for a Social Security number
   
• Voting in local, State, or Federal elections

 

Edited July 29, 2021 by SusieQQQ

[Lil bear 3,831]

3 minutes ago, Cassis1978 said:

Oh I see about taxes. 
So you will have a co-sponsor for the I-864? Someone from your family in USA, aunt may be?   Because how otherwise you mom may sign the Affidavit of support without any income? 

Mother .. as petitioner .. will always be the principal sponsor and must complete the I864 even though she doesn’t meet the financial requirements .. and you will require a joint sponsor who does meet the requirements. The joint sponsor will complete their own I 864 

[Jose1014 0]

4 minutes ago, Cassis1978 said:

Oh I see about taxes. 
So you will have a co-sponsor for the I-864? Someone from your family in USA, aunt may be?   Because how otherwise you mom may sign the Affidavit of support without any income? 
Don’t forget, later you would have to submit the financial evidence, check this out:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

Power bill - it’s a bill for electricity, that’s how we were proving  my mother’s in law domicile - she had no property, no income, and my husband was a co-sponsor for his sister (her daughter). 

@Cassis1978 thanks for your response. Yes, my aunt will be a joint sponsor for I-864. That's why we are planning for my mom to go back to the states 2-3 months before my consular interview. Maybe it will break the problem of domicile once she back there before my consular interview? Do you think that will work?

[SusieQQQ 11,584]

Just now, Jose1014 said:

@Cassis1978 thanks for your response. Yes, my aunt will be a joint sponsor for I-864. That's why we are planning for my mom to go back to the states 2-3 months before my consular interview. Maybe it will break the problem of domicile once she back there before my consular interview? Do you think that will work?

Not if they think she’s just visiting for a few months to look like she’s there to get you a green card. Actual evidence of her living there will be required. Examples were provided above.