Evidence of Domicile

[AhmadHamouda 5]

Hello

 

We received today a RFE saying that my wife (the petitioner) must submit proof of domicile. 
 

Her application has our physical address in Egypt, what should we submit for her?

 

Our plan was her to travel before me when i get an interview date but now we’re living together in Egypt. 
 

She used to go to USA many times and sometimes stayed there for more than 7 months

 

can you please help me regarding this? Thanks

[Verrou 1,962]

anything to show that she has domicile in the US

 

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

 

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

 

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
•  

look under domicile tab

 

when did the last time shes in the US? and for how long?

 

 

Edited June 14, 2023 by Misscloud

[AhmadHamouda 5]

23 minutes ago, Misscloud said:

anything to show that she has domicile in the US

 

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

 

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

 

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
•  

look under domicile tab

 

when did the last time shes in the US? and for how long?

 

 

In 2021 (3 months),2019 ( 6 months) ..etc

 

She will be residing in Florida with family member and she’s going to work in their medical center until i come to the U.S. 

 

Can she maybe open a bank account from Egypt?

 

[JeanneAdil 6,539]

where do u plan to live when u come to the USA?

[AhmadHamouda 5]

2 minutes ago, JeanneAdil said:

where do u plan to live when u come to the USA?

No specific state right now but most probably in Florida with her family. 

[Boiler 45,657]

You make it sound like she has visited the US a few times but grew up and lives in Egypt.

[Crazy Cat 41,978]

24 minutes ago, AhmadHamouda said:

She will be residing in Florida with family member and she’s going to work in their medical center until i come to the U.S. 

She needs to submit a letter stating that in order to show intent to re-establish domicile.

[JeanneAdil 6,539]

6 minutes ago, AhmadHamouda said:

No specific state right now but most probably in Florida with her family. 

she will  need to establish that before the embassy will issue the spouse visa

she can come ahead of u , get a Florida DL and send c copy to embassy

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#4

Is Residence in the U.S. Required for the U.S. Sponsor?

 

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

[Crazy Cat 41,978]

1 hour ago, AhmadHamouda said:

We received today a RFE saying that my wife (the petitioner) must submit proof of domicile. 

Who issued this?  NVC?

[AhmadHamouda 5]

26 minutes ago, Crazy Cat said:

She needs to submit a letter stating that in order to show intent to re-establish domicile.

Yeah i think we will do that and also attach like a letter from the medical center she’s going to work for saying she’s going to be employed here starting August

27 minutes ago, JeanneAdil said:

she will  need to establish that before the embassy will issue the spouse visa

she can come ahead of u , get a Florida DL and send c copy to embassy

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#4

Is Residence in the U.S. Required for the U.S. Sponsor?

 

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

I think i will need to present that during the Interview right? But don’t need it now to get the DQ. 

[AhmadHamouda 5]

22 minutes ago, Crazy Cat said:

Who issued this?  NVC?

Yeah, received this message even though all documents are approved!

[Crazy Cat 41,978]

29 minutes ago, AhmadHamouda said:

Yeah, received this message even though all documents are approved!

Oh...OK.... She should take a letter to the interview along with any concrete steps she has taken to re-locate to the US. 

[AhmadHamouda 5]

2 hours ago, Crazy Cat said:

Oh...OK.... She should take a letter to the interview along with any concrete steps she has taken to re-locate to the US. 

Yeah but i think i still have to submit any evidence of domicile, I'm not DQed yet

[Leo The Great 141]

3 hours ago, AhmadHamouda said:

Yeah but i think i still have to submit any evidence of domicile, I'm not DQed yet

Letter detailing the concrete steps  will help to DQ. One member in this forum DQed on the basis of  letter only.

You will not be able to open account in U.S online unless your spouse has some credit history in U.S. Bank check your addresses and other history in U.S via third party before approval for online account. Otherwise you may have to travel to the branch in U.S to open an account

Edited June 15, 2023 by Leo The Great

[JeanneAdil 6,539]

Thinking u my live in Florida is not the same as "concrete steps to prove domcile"

you need to know where u will live

You need to read what USCIS considers is US domicie and the I 864 as u can not even have a joint sponsor 

 

13. PROOF OF DOMICILE: In order to petition for your relative to come to the United States, the petitioner must have an un-relinquished residence in the United States. Please see the following pages for more information on domicile.

from the above go to page 6 on the site and read 

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (residing) in the United States be a sponsor? No. The law requires a sponsor who is 1) a citizen/ national or a LPR of the United States; 2) at least 18 years of age; 3) domiciled in the United States; 4) the petitioner, and 5) meets certain income requirements. To be domiciled in the United States a sponsor must live or reside in any of the States of the United States, the District of Columbia, or any territory or possession of the United States.

 

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864? No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor, except those related to income, before there can be a joint sponsor.

 

https://tr.usembassy.gov/wp-content/uploads/sites/91/2016/10/Instructions-for-immigrant-visa-applicants-oct-2016.pdf