Questions about Domicile Requirements

[mymercyprevails 0]

"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"

 

“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.”

So I have heard some lawyers on YouTube say that even though the government says that this is an option, most of the time it isn’t accepted. So what I need to understand is, if I try to do this and they don’t accept it, what is the worse case scenario? Will it just lead to delays, or could it lead to my wife’s green card case being outright rejected? Will they send me a notice before or when my wife’s interview at the embassy is scheduled telling me I need to move back to the US to establish domicile? Because I would prefer trying to submit evidence that I, the sponsor, intended to establish a domicile in the United States before or concurrently with my wife, the applicant, and if the worse case scenario is just some delays down the line until I move back to the United States, then I might as well try. 

“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:”

The word “may” implies that there could be other kinds of evidence I could submit. What kind of evidence might that be? Pictures with my parents whom I will eventually move in with? Mail addressed to me sent to my parent’s address? I have insurance based in the US, would that count? If I get my passport renewed? The thing is, all the types of evidence that they list as being something that I may submit are things that I could do just as easily from Mexico, and in fact, how could they verify if I am providing these types of evidence while I am residing inside of Mexico or residing in the United States? The confusion I am getting at here is if moving back to the US is supposed to be a surefire way to prove that I have domicile in the US, why is it that the evidence I can submit to prove that I have domicile in the US is evidence I could just as easily submit from Mexico? 

“Seeking employment in the United States”

Do I need to just show proof I am applying for jobs, or do I need to get actual job offers? I am assuming I need to look for jobs that actually require me to reside in the United States and that remote jobs based in the United States that allow me to work in Mexico wouldn’t count? Can I apply for any job in the United States, even ones that I may not be fully qualified for with the hopes that they accept my application and will put me to work once I get back to the United States? 

“Securing a residence in the United States”

Do I need to have my parents provide a notarized letter that I am living with them? Or do I need to have my parents create a lease that I have to sign or something? Would doing both be stronger evidence?
 

[OldUser 10,167]

The government view is, immigrant visas are for reuniting US petitioner and foreign beneficiary.

 

It doesn't make sense to issue visa to beneficiary if US citizen isn't going to be living in the states

 

So the best course of action is to reestablish domicile - get job lined up (offer), get lease or house, register to vote etc to demonstrate you're intending to live in the US. You need to have this after I-130 is approved and before visa interview.

Edited Friday at 11:26 PM by OldUser

[fiftytwo05g 11]

On 8/8/2025 at 2:53 PM, mymercyprevails said:

"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"

 

“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.”

So I have heard some lawyers on YouTube say that even though the government says that this is an option, most of the time it isn’t accepted. So what I need to understand is, if I try to do this and they don’t accept it, what is the worse case scenario? Will it just lead to delays, or could it lead to my wife’s green card case being outright rejected? Will they send me a notice before or when my wife’s interview at the embassy is scheduled telling me I need to move back to the US to establish domicile? Because I would prefer trying to submit evidence that I, the sponsor, intended to establish a domicile in the United States before or concurrently with my wife, the applicant, and if the worse case scenario is just some delays down the line until I move back to the United States, then I might as well try. 

“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:”

The word “may” implies that there could be other kinds of evidence I could submit. What kind of evidence might that be? Pictures with my parents whom I will eventually move in with? Mail addressed to me sent to my parent’s address? I have insurance based in the US, would that count? If I get my passport renewed? The thing is, all the types of evidence that they list as being something that I may submit are things that I could do just as easily from Mexico, and in fact, how could they verify if I am providing these types of evidence while I am residing inside of Mexico or residing in the United States? The confusion I am getting at here is if moving back to the US is supposed to be a surefire way to prove that I have domicile in the US, why is it that the evidence I can submit to prove that I have domicile in the US is evidence I could just as easily submit from Mexico? 

“Seeking employment in the United States”

Do I need to just show proof I am applying for jobs, or do I need to get actual job offers? I am assuming I need to look for jobs that actually require me to reside in the United States and that remote jobs based in the United States that allow me to work in Mexico wouldn’t count? Can I apply for any job in the United States, even ones that I may not be fully qualified for with the hopes that they accept my application and will put me to work once I get back to the United States? 

“Securing a residence in the United States”

Do I need to have my parents provide a notarized letter that I am living with them? Or do I need to have my parents create a lease that I have to sign or something? Would doing both be stronger evidence?
 

What stage of the visa process are you in at the moment? I would focus on getting your i130 approved first. 

 

If that's done already, in my experience, your financial ties to the US, such as a job or job offers, investments, home ownership/lease, utility bills on your name of intended residence, bank statements, us insurance policies, etc are strong forms of evidence. US based employment with w2s and state income tax returns are also very strong forms of evidence.

[pushbrk 13,664]

If you are already living in the USA, that's sufficient. If you are not living in the USA, is where the domicile issue comes into play.  Please clarify.

[mymercyprevails 0]

On 8/10/2025 at 12:08 AM, fiftytwo05g said:

What stage of the visa process are you in at the moment? I would focus on getting your i130 approved first. 

 

If that's done already, in my experience, your financial ties to the US, such as a job or job offers, investments, home ownership/lease, utility bills on your name of intended residence, bank statements, us insurance policies, etc are strong forms of evidence. US based employment with w2s and state income tax returns are also very strong forms of evidence.

Thank you for your response. In that case, I am assuming I need to look for jobs that actually require me to reside in the United States and that remote jobs based in the United States that allow me to work in Mexico wouldn’t count?

[mymercyprevails 0]

14 hours ago, pushbrk said:

If you are already living in the USA, that's sufficient. If you are not living in the USA, is where the domicile issue comes into play.  Please clarify.

Thank you for taking the time to reply. I am residing in Mexico with my wife, have been for the past two years. 

[spicynujac 82]

What is your reason for moving to the US?  If you are relocating concurrently with your wife's permanent residency, what are the terms and details of this relocation (when, why, how, where, etc.)?

At the very least you need to eliminate all the reasons an immigration officer can deny you, and if you are not living in the US and don't show any documentation of a permanent (long term) move there, you haven't met this qualification.

Filling out your timeline would help.

[fiftytwo05g 11]

10 hours ago, mymercyprevails said:

Thank you for your response. In that case, I am assuming I need to look for jobs that actually require me to reside in the United States and that remote jobs based in the United States that allow me to work in Mexico wouldn’t count?

I think your domicile concerns are too premature at this stage. Assuming you haven't filed the i130 form yet, there are more pressing issues such as providing evidence of a bona fide marriage, opening a petition, and the dreaded approval/denial wait times that can take YEARS especially from a high risk country like Mexico and the current political climate going on in the US.

 

If you are still living with your wife in Mexico, file a petition, wait and live the years out with your wife until approval, then consider making a move to prove your domicile or your intent to reestablish domicile.

[mymercyprevails 0]

13 hours ago, fiftytwo05g said:

I think your domicile concerns are too premature at this stage. Assuming you haven't filed the i130 form yet, there are more pressing issues such as providing evidence of a bona fide marriage, opening a petition, and the dreaded approval/denial wait times that can take YEARS especially from a high risk country like Mexico and the current political climate going on in the US.

 

If you are still living with your wife in Mexico, file a petition, wait and live the years out with your wife until approval, then consider making a move to prove your domicile or your intent to reestablish domicile.

I should have already clarified, I apologize. The I-130 form has already been submitted and approved. We are at the NVC stage.

[mymercyprevails 0]

19 hours ago, spicynujac said:

What is your reason for moving to the US?  If you are relocating concurrently with your wife's permanent residency, what are the terms and details of this relocation (when, why, how, where, etc.)?

At the very least you need to eliminate all the reasons an immigration officer can deny you, and if you are not living in the US and don't show any documentation of a permanent (long term) move there, you haven't met this qualification.

Filling out your timeline would help.

So we can build a life in the US together. We dont yet know our exact timeline, the I-130 has been accepted and now we are at the national visa center stage, I need to submit the affidavit of support but first I need to understand if I need to be living in the United States in order to prove domicile. I want to try to prove that I intend to move to the US concurrently with my wife once her green card is approved, but if they might reject that and that could lead to our application being rejected outright, I dont want to risk that. 

[appleblossom 4,604]

2 hours ago, mymercyprevails said:

So we can build a life in the US together. We dont yet know our exact timeline, the I-130 has been accepted and now we are at the national visa center stage, I need to submit the affidavit of support but first I need to understand if I need to be living in the United States in order to prove domicile. I want to try to prove that I intend to move to the US concurrently with my wife once her green card is approved, but if they might reject that and that could lead to our application being rejected outright, I dont want to risk that. 

 

You don't need to be living there, but you do need to show you've been making concrete plans to relocate once the visa is granted - maybe exchanges with a realtor, plans to sell your house in the DR, evidence of job hunting, a hotel/AirBnB booking for when you first arrive, etc. Anything that shows your intent to re-establish domicile in the US. 

 

It's hard as there's a long wait for an interview in the DR, but you will really need it for interview rather than the NVC stage. 

Edited 3 hours ago by appleblossom

[mymercyprevails 0]

13 minutes ago, appleblossom said:

 

You don't need to be living there, but you do need to show you've been making concrete plans to relocate once the visa is granted - maybe exchanges with a realtor, plans to sell your house in the DR, evidence of job hunting, a hotel/AirBnB booking for when you first arrive, etc. Anything that shows your intent to re-establish domicile in the US. 

 

It's hard as there's a long wait for an interview in the DR, but you will really need it for interview rather than the NVC stage. 

Thats definitely what I would prefer to do its just I have heard cases where that doesnt work. Do you know of cases where this has worked?

[appleblossom 4,604]

Just now, mymercyprevails said:

Thats definitely what I would prefer to do its just I have heard cases where that doesnt work. Do you know of cases where this has worked?

 

Just search the forum and you'll find tons of threads and people who've done this successfully - Montreal is the one consulate where it's an exception, but that's not relevant to you. 

 

Do you still have a bank account in the US? Include that too if so, along with proof you've been filing your US taxes.