Petitioner's Domicile

[Zin-Zin 21]

6 hours ago, Kor2USA said:

When was the last time you were in the USA?

And are you in France on a tourist visa or another visa? 

I would add a lease from your father as proof of domicile.

And if you haven't already... I would make sure the mailing address for your bank account matches your father's address. 

NVC might flag your case and believe you are not actually domiciled in the US if you haven't returned and your tax transcripts show a foreign mailing address. 

You can also write a letter stating all your ties to the US. 

 

Thank you!

 

[Zin-Zin 21]

6 hours ago, Kor2USA said:

When was the last time you were in the USA?

And are you in France on a tourist visa or another visa? 

I would add a lease from your father as proof of domicile.

And if you haven't already... I would make sure the mailing address for your bank account matches your father's address. 

NVC might flag your case and believe you are not actually domiciled in the US if you haven't returned and your tax transcripts show a foreign mailing address. 

You can also write a letter stating all your ties to the US. 

 

I've called the IRS and changed my address to my permanent address in the USA. If I now order a transcript will it have that address on it or the foreign address that I used when I filed?

[RebeccaG 8]

10 hours ago, Zin-Zin said:

I've called the IRS and changed my address to my permanent address in the USA. If I now order a transcript will it have that address on it or the foreign address that I used when I filed?

I have the same issue because i live in Mexico. What I understood is this:  If you can prove you have TIES (income tax return with a US address for example) to the US and have used your parents' address at the US, then you are domiciled in the US. It doesnt matter the place where you sleep. You are temporary visiting other countries, there is not a specific time that say how much time you need to live outside the US to consider that time permanent. Please make sure you can prove that you intent to return to the US.

Edited February 27, 2022 by RebeccaG

[Redro 4,601]

15 hours ago, Zin-Zin said:

I've called the IRS and changed my address to my permanent address in the USA. If I now order a transcript will it have that address on it or the foreign address that I used when I filed?

We ordered transcripts a few months back and the ones filed from a different mailing address arrived to our new residence. So, at least we have the new address on old transcripts. 

I'm not sure what will happen if you download the transcripts off the website. 

 

ETA You can always include a note in your cover letter stating you changed your IRS mailing address to the permanent address in the US. 

 

In my experience, when the US citizen has been living overseas for several years it really important to have a permanent address in the US. 

I've seen refusals/request for evidence at the embassy even when the USCs visa in the beneficiary's country was about to expire. 

In this case, the USC had provided bank accounts, drivers license, tax transcripts and the CO wanted to see a lease or an invitation letter from the parents inviting the couple to stay in their home. 

Edited February 28, 2022 by Kor2USA

[Redro 4,601]

On 2/27/2022 at 7:14 PM, Zin-Zin said:

I've called the IRS and changed my address to my permanent address in the USA. If I now order a transcript will it have that address on it or the foreign address that I used when I filed?

Okay. Just double checked and we have a cover letter from IRS showing our new address.

Then on the transcript itself our new address is there but it is incomplete (as the IRS omits some of the letters). 

Not sure if you're downloading your transcripts or getting them via mail but there is a cover letter if you have it mailed to your address on file. 

 

Edited February 28, 2022 by Kor2USA

[iwannaplay54 985]

On 2/24/2022 at 9:55 AM, Zin-Zin said:

Understood. 

We are traveling in the Balkans now. 

I put my parents' address for the mailing address. We will stay there when we get to the USA. 

For the following question "Is your current mailing address the same as your physical address?", I should put 'Yes' b/c the instructions say that I need to "provide the physical address where you (the sponsor) live, if different from your mailing address." And since I don't technically live anywhere right now, it follows the same logic that you used for the domicile. 

Or am I missing something?

I used my parents address as US domicile prior to relocating back to the US.  Bank accounts, etc were all addressed there BUT I did also have a matching drivers license to that address.

My tax returns had the overseas address.  Vehicles back in the US were registered / insured to my parents address as were mobile phone accounts. 
A lease was not asked for nor required and we did not arrange one until a visa was in hand.

Edited February 28, 2022 by iwannaplay54

[pushbrk 12,232]

10 hours ago, iwannaplay54 said:

I used my parents address as US domicile prior to relocating back to the US.  Bank accounts, etc were all addressed there BUT I did also have a matching drivers license to that address.

My tax returns had the overseas address.  Vehicles back in the US were registered / insured to my parents address as were mobile phone accounts. 
A lease was not asked for nor required and we did not arrange one until a visa was in hand.

Leases are not a general requirement.  A lease or rental agreement to live at a parent's address is going to look both silly and contrived.  A simple explanation that you plan to live at the parents' address temporarily is sufficient, and/or more than enough.

[RebeccaG 8]

14 minutes ago, pushbrk said:

Leases are not a general requirement.  A lease or rental agreement to live at a parent's address is going to look both silly and contrived.  A simple explanation that you plan to live at the parents' address temporarily is sufficient, and/or more than enough.

I also think a lease agreement will look silly, but instead of an "invitation letter". Maybe, the parents could explain in an "Affidavit of witness of bona fide marriage relationship" that the couple will be staying at their residence.

Edited February 28, 2022 by RebeccaG

[pushbrk 12,232]

10 minutes ago, RebeccaG said:

I also think a lease agreement will look silly, but instead of an "invitation letter". Maybe, the parents could explain in an "Affidavit of witness of bona fide marriage relationship" that the couple will be staying at their residence.

Affidavits as evidence of bona fide relationship are just as silly and contrived, as leases, particularly when it is a parent or parents.

[RebeccaG 8]

3 minutes ago, pushbrk said:

Affidavits as evidence of bona fide relationship are just as silly and contrived, as leases, particularly when it is a parent or parents.

I dont think you are offering a solution to their problem. The couple needs to tell the truth otherwise they will notice the lie immediately. To get a lease months before the green card is approved is really difficult specially when they both are living overseas. The couple have been living together for years i guess they have lots of evidence to prove their marriage. How can they prove they will be living in the US? 

[pushbrk 12,232]

20 minutes ago, RebeccaG said:

I dont think you are offering a solution to their problem. The couple needs to tell the truth otherwise they will notice the lie immediately. To get a lease months before the green card is approved is really difficult specially when they both are living overseas. The couple have been living together for years i guess they have lots of evidence to prove their marriage. How can they prove they will be living in the US? 

That question has already been answered quite well.  Carry on.

[iwannaplay54 985]

2 hours ago, RebeccaG said:

I also think a lease agreement will look silly, but instead of an "invitation letter". Maybe, the parents could explain in an "Affidavit of witness of bona fide marriage relationship" that the couple will be staying at their residence.

Look we did this twice.  Parents house 3 years out of country.  Brother’s house 4 years out of country.  I was at both interviews.  We explained that the  residences that our licenses and banks and credit cards and 401ks and car registrations and insurance and mobile phones were addressed to were (my) relatives and we would likely stay there temporarily after returning while we looked for a permanent residence and they did not ask for any further details.  I would never have contrived or signed a lease before I had a visa in hand.  Who does that.

[iwannaplay54 985]

11 minutes ago, iwannaplay54 said:

Look we did this twice.  Parents house 3 years out of country.  Brother’s house 4 years out of country.  I was at both interviews.  We explained that the  residences that our licenses and banks and credit cards and 401ks and car registrations and insurance and mobile phones were addressed to were (my) relatives and we would likely stay there temporarily after returning while we looked for a permanent residence and they did not ask for any further details.  I would never have contrived or signed a lease before I had a visa in hand.  Who does that.

Just address your US assets to the address where you can or will stay and move on.  If they dont live in the US the green card will eventually get flagged anyway.

[Redro 4,601]

12 minutes ago, iwannaplay54 said:

Just address your US assets to the address where you can or will stay and move on.  If they dont live in the US the green card will eventually get flagged anyway.

I only suggest a lease/ letter of invitation because different consulates have different standards. 

Scenario: Student studying in Korea. Student visa for Korea expiring two weeks after interview date.

Still has strong ties to the US: drivers license, bank accounts, car. Foreign spouse was given 221G because CO didn't believe the USC met the domicile requirement. When it comes to Seoul they usually want to see a letter of invitation or lease or conversation with real estate agents. 

Edited March 1, 2022 by Kor2USA

[iwannaplay54 985]

5 minutes ago, Kor2USA said:

I only suggest a lease/ letter of invitation because different consulates have different standards. 

Scenario: Student studying in Korea. Student visa for Korea expiring two weeks after interview date.

Still has strong ties to the US: drivers license, bank accounts, car. Foreign spouse was given 221G because CO didn't believe the USC met the domicile requirement. When it comes to Seoul they usually want to see a letter of invitation or lease or conversation with real estate agents. 

I’d wait to be asked.  That would be an outlier in my experience and I saw a lot of expats come and go through the 8 years we lived out of the country.

That, and doing it twice ourselves, may be why we got to feel so flippant about it 😂

I believe you though.  In some posts it would be flagged and look contrived, which is why I’d suggest consolidating assets in the US, make sure I have a physical address to tie them to, and bring that to the CO

Edited March 1, 2022 by iwannaplay54