Proof of domicile

[Newcitizen 8]

Hello all,

 

I am a USC, my parents are LPR. One of them petitioned their son under 21. His interview at the embassy is coming up soon.

 

The petitioner has been in their home country for about 5 months now. Since May 2025. Taking care of some family business. Planning to come back soon.

 

Will the list below provide a good proof of US domicile for the petitioner at their son's interview at the embassy:

 

• Last 2 years tax returns (Petitioner)
• W2 and Pay stubs (Petitioner)
• Active US bank accounts (Petitioner)
• Valid state ID/driving license (Petitioner)
• Electricity and internet/phone bills in their name from the address they live at here till May 2025. (Petitioner - no longer living there. Ended their rental in April/May 2025)
• Active PO box in their name to continue receiving their mail (Petitioner)
• Affidavit from the petitioner that they didn't abandon their residency here. Stating they are in their home country to represent me in property purchase acting as an agent through POA from me. Explaining that their job here was closed for the summer, hence they were able to go instead of me due to my employment commitments.  (not currently employed)
• Affidavit from me (i am a joint sponsor as well) stating that I granted them POA to act as my agent in our home country to purchase a property in my name. As I was not able to take time off from work. Stating that upon their return, they will be staying with me at my home until they decide their next housing plans.
• A copy of the said POA and the property sale contract
• Bills, insurance and other mail showing that I currently live in that address.

 

How does these look? Do you think they are sufficient to prove on going ties to the US and proof of domicile upon their return?

 

Thanks!

 

[appleblossom 5,109]

That proves past domicile, but not future. When is the petitioner moving back to the US? They need to be in the US ahead of your brother (or enter at the same time as him).

[Newcitizen 8]

14 minutes ago, appleblossom said:

That proves past domicile, but not future. When is the petitioner moving back to the US? They need to be in the US ahead of your brother (or enter at the same time as him).

They plan to return to the US upon the completion of the property purchase. Possibly end of November or early December as an estimate. If the US visa is issued to their son, they plan to return all together.

[appleblossom 5,109]

Just now, Newcitizen said:

They plan to return to the US upon the completion of the property purchase. Possibly end of November or early December as an estimate. If the US visa is issued to their son, they plan to return all together.

 

I would suggest they come back before December if possible. Nothing to do with your brother, but in terms of risking their LPR status with the current administration, and also breaking continuous presence if they decided they might like to apply for citizenship at some point. It doesn't sound like they have a lot of ties to the US at the moment, so I wouldn't risk more than 6 months personally. 

 

Once they've got flights booked, that will also help with providing intent to domicile. 

[NEO2023 5]

On 10/7/2025 at 10:39 PM, Newcitizen said:

Hello all,

 

I am a USC, my parents are LPR. One of them petitioned their son under 21. His interview at the embassy is coming up soon.

 

The petitioner has been in their home country for about 5 months now. Since May 2025. Taking care of some family business. Planning to come back soon.

 

Will the list below provide a good proof of US domicile for the petitioner at their son's interview at the embassy:

 

• Last 2 years tax returns (Petitioner)
• W2 and Pay stubs (Petitioner)
• Active US bank accounts (Petitioner)
• Valid state ID/driving license (Petitioner)
• Electricity and internet/phone bills in their name from the address they live at here till May 2025. (Petitioner - no longer living there. Ended their rental in April/May 2025)
• Active PO box in their name to continue receiving their mail (Petitioner)
• Affidavit from the petitioner that they didn't abandon their residency here. Stating they are in their home country to represent me in property purchase acting as an agent through POA from me. Explaining that their job here was closed for the summer, hence they were able to go instead of me due to my employment commitments.  (not currently employed)
• Affidavit from me (i am a joint sponsor as well) stating that I granted them POA to act as my agent in our home country to purchase a property in my name. As I was not able to take time off from work. Stating that upon their return, they will be staying with me at my home until they decide their next housing plans.
• A copy of the said POA and the property sale contract
• Bills, insurance and other mail showing that I currently live in that address.

 

How does these look? Do you think they are sufficient to prove on going ties to the US and proof of domicile upon their return?

 

Thanks!

 

If the petitioner has been in their home country for about five months, this would generally be considered a "temporary stay" abroad. In technical terms, your parents are not living in their home country, but temporarily staying in their home country. In that case, their Green Card alone is sufficient to demonstrate that their domicile is in the United States. If additional proof is required, a valid state ID or driver's license should be more than enough.

 

However, if during the interview the applicant mistakenly states that the petitioner is currently living in their home country rather than in the U.S., it may raise concerns. In such a situation, even the documents listed above might not be sufficient. Domicile is not necessarily where you are currently living, but rather where your primary residence and intent to return permanently are located.

 

Regarding the second question: If a lawful permanent resident stays outside the U.S. for more than six months, they may still be allowed to return, but it could put their status at risk of being considered abandoned. However, this does not automatically affect their domicile claim until an immigration judge in US formally determines that they have lost their status.

[OldUser 10,719]

55 minutes ago, NEO2023 said:

If the petitioner has been in their home country for about five months, this would generally be considered a "temporary stay" abroad. In technical terms, your parents are not living in their home country, but temporarily staying in their home country. In that case, their Green Card alone is sufficient to demonstrate that their domicile is in the United States. If additional proof is required, a valid state ID or driver's license should be more than enough.

Not really. Demonstrating sufficient ties may be required such as job, lease, bank accounts, assets in the US. Having GC and DL is helpful, but alone may not be enough.

 

Especially if travel pattern is like this: US (3 months), home country (5 months), US (3-4 months), home country (5 months). Yes, on paper the GC holder isn't spending more than 5 months outside the US at a time, but in reality they just visit the US and live in their home country.

[NEO2023 5]

On 10/7/2025 at 11:10 PM, appleblossom said:

That proves past domicile, but not future. When is the petitioner moving back to the US? They need to be in the US ahead of your brother (or enter at the same time as him).

There are cases where principal applicant must be physically present in the U.S. at the same time as, or before, the derivative beneficiary. However, AFAIK, in this case, if the petitioner’s domicile is in the U.S., the petitioner is not required to be physically present in the United States at the time of his or her son’s port of entry.

 

If the petitioner's domicile is in the U.S. (verified during visa processing), they can remain abroad temporarily at the time of the beneficiary's entry without issue. 

[NEO2023 5]

11 minutes ago, OldUser said:

Not really. Demonstrating sufficient ties may be required such as job, lease, bank accounts, assets in the US. Having GC and DL is helpful, but alone may not be enough.

 

Especially if travel pattern is like this: US (3 months), home country (5 months), US (3-4 months), home country (5 months). Yes, on paper the GC holder isn't spending more than 5 months outside the US at a time, but in reality they just visit the US and live in their home country.

The petitioner's son is already at the interview stage; therefore, I assume the petitioner has submitted the last three years of tax returns, as well as their W-2 forms and pay stubs, and that these have already been accepted by the consular officer and NVC.

 

It seems the petitioner has been in their home country since May 2025. I don’t think we can really know from this post whether they actually spend most of their time abroad or just visit the U.S.

[Boiler 48,097]

I have seen a few cases, very few admittedly where the issue has come up as this is a Family Reunification visa and whether it is applicable when they are reunified outside of the US. Wondered if we would see more.