The lease agreement does not indicate that he is permanently residing in the United States. Provide more evidence of petitioner s permanent residence in the United States. Please see the Domicile instruction sheet
What does domicile mean?
Generally, domicile means the place where you currently have a residence and intend to live for the foreseeable future. For a more comprehensive definition, please refer to the Immigration and Naturalization Act of 1952 Section 101 (a)(33).
Can a U.S. citizen or Legal Permanent Resident (LPR) petitioner who is not domiciled in the United States be a sponsor?
No. Under the law, sponsors must be domiciled in 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 be authorized when the petitioner does not have a domicile in the United States.
How is domicile determined?
Domicile is a complex issue and must be determined on a case by case basis.
Many U.S citizens and Legal Permanent Residents reside outside the United States on a temporary basis, usually for work or family reasons. Temporary is a relative term and may cover an extended period residing abroad. If the sponsor can establish to the interviewing consular officer s satisfaction that the sponsor left the U.S. for a limited time and continues to have ties to the U.S. then the sponsor can be considered to be domiciled in the U.S.
To qualify as a sponsor, a petitioner who is temporarily residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Legal Permanent Resident (LPR) sponsors also must demonstrate that they have maintained their status.
In addition, there are other circumstances where a sponsor could retain his or her domicile while living abroad, such as being employed by the U.S. Government, a U.S. research institution, a U.S. corporation, a public international organization recognized by a U.S. Treaty or Statute, or a religious organization -- and stationed abroad as a result of that employment.
Also, persons who are abroad temporarily to study or teach may still be considered to be domiciled in the United States if they can satisfy the interviewing consular officer that they did not give up their domicile in the United States and establish a domicile abroad.
How can the petitioner establish a domicile?
If the sponsor has not maintained a domicile in the U.S., the sponsor must establish their domicile in the U.S. before their family member can be issued an Immigrant Visa.
To do this, the sponsor must prove that they have taken the necessary steps to make the U.S. his or her immediate and principal place of residence. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools, voting in U.S. elections, having U.S. bank accounts, or filing U.S. taxes.
It is not necessary for the sponsor to go to the U.S. before the sponsored family members to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above.
more evidence of petitioner s permanent residence in the United States. Please see the Domicile instruction sheet