Reestablishing domicile

[danilou 0]

I have read several threads about members sharing their interview experiences particularly those in Montreal where the interviewing officer suggest that petitioners go back to the US to reestablish domicile before proceeding with the visa processing.

I filed thru DCF in the Philippines and granting that my husband goes back to the US ahead of me a week before my interview (which is silly) just to do away with this silly proving reestablishing domicile thing, (1)does the embassy really take the steps to verify that the petitioner is in the states at the time of the interview? (2)Would a verbal statement from the beneficiary suffice or documentation is still necessary to prove that the petitioner is really back in the states such as taking picture with the US post office as background, huh?

Any idea?

[LIFE'SJOURNEY 970]

I have read several threads about members sharing their interview experiences particularly those in Montreal where the interviewing officer suggest that petitioners go back to the US to reestablish domicile before proceeding with the visa processing.

I filed thru DCF in the Philippines and granting that my husband goes back to the US ahead of me a week before my interview (which is silly) just to do away with

this silly proving reestablishi

ng domicile thing, (1)does the embassy really take the steps to verify that the petitioner is in the states at the time of the interview? (2)Would a verbal statement from the beneficiary suffice or documentation is still necessary to prove that the

petitioner is really back in the states such as taking picture with the US post office as background, huh?

Any idea?

If you are filing DCF, then you should read up on DCF, it dosn't seem like you'll have a cler understanding of this silly well thought out process.

[danilou 0]

Why, did you go thru DCF?I'm asking members with the same experience.

[LIFE'SJOURNEY 970]

Why, did you go thru DCF?I'm asking members with the same experience.

Then your question makes no sense, if you want information on DCF then go here http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/, but your timeline say CR1.

the Montreal timeline to interview thread we are having a discussion about proving domicile when both the sponsor and the intending immigrant are living in Canada. I know i'm not the only one who has done this and I decided to start a new thread so the information would not be lost in the other thread. Here is an excerpt:

[Bernie C 24]

I have read several threads about members sharing their interview experiences particularly those in Montreal where the interviewing officer suggest that petitioners go back to the US to reestablish domicile before proceeding with the visa processing.

I filed thru DCF in the Philippines and granting that my husband goes back to the US ahead of me a week before my interview (which is silly) just to do away with this silly proving reestablishing domicile thing, (1)does the embassy really take the steps to verify that the petitioner is in the states at the time of the interview? (2)Would a verbal statement from the beneficiary suffice or documentation is still necessary to prove that the petitioner is really back in the states such as taking picture with the US post office as background, huh?

Any idea?

There is a little more to it than that. How are you meeting the requirements of the I-864. This has more to do with that than anything. Being "domiciled" in the US and "residing in" the US are two very differnt things.

Your husband needs to meet the domicile requirement of the I-864.

While there is no US residency requirement for a US citizen to petition their spouse or family member to come to the US, the visa application requires the USC to be a financial sponsor through the Affidavit of Support contract I-864. The I-864 does require the US citizen sponsor to be domiciled in the US and to have income or assets that show the immigrant will not become a public charge.

Many USCs living abroad will not have a US-based income. Your foreign-earned income can not be used to satisfy the I-864 unless it will continue when you are in the US. Your assets, and those of your spouse, CAN be used in lieu of income, or you may have employment in the US starting up. A Joint Sponsor may be the only solution for some families.

Domicile is a difficult area to describe and it is interpreted differently at each Consulate. Casual observation indicates that some Consular posts are easy-going about this, as long as you have a US address (perhaps a relative), a job offer, have filed your tax returns and are making obvious plans to move to the US.

Domicile is NOT the same as residence.

Part of Title 8 Code of Federal Regulations

ii) Determination of domicile . (A) If the sponsor is residing abroad, but only temporarily, the sponsor bears the burden of proving, by a preponderance of the evidence, that the sponsor's domicile (as that term is defined in 8 CFR 213a.1 ) remains in the United States, (more)

(B) If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant's admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, unless the sponsor is also a permanent resident alien and the sponsor's own application for admission is denied and the sponsor leaves the United States under a removal order or as a result of the sponsor's withdrawal of the application for admission.

[Bernie C 24]

Then your question makes no sense, if you want information on DCF then go here http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/, but your timeline say CR1.

the Montreal timeline to interview thread we are having a discussion about proving domicile when both the sponsor and the intending immigrant are living in Canada. I know i'm not the only one who has done this and I decided to start a new thread so the information would not be lost in the other thread. Here is an excerpt:

DCF is simply a slang term for Direct Consular Filing. I think the OP is correct to select CR-1 for their profile as they are applying for a spousal visa. Both in US, One out of US, Both out of US, still all file I-130, hence CR-1.

For DCF they USC must meet the domicile requirements.

[danilou 0]

Instructions for the I-864, basics of proving domicile:

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

A. You are employed by a certain organization. (lists organizations on the I-864)

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

Thanks for your replies. I see other posts on proving domicile here so I assume its ok to post it here. Even if I filed thru DCF my visa category is still CR1/IR1. My husband spent the rest of his life in US except for the time (4years) when he came here to study but he has recently completed his college degree thats why hes going back to US. Thus my questions in the first post. However, if he intends to stay here until my visa is approved but has no voting record, did not file taxes(he has no income to declare and his father will be the joint sponsor), no properties, no bank account, would the document to prove that he studied here be enough?

Edited May 29, 2010 by danilou

[trailmix 77]

Documents proving that he was a student there would be very important and may be all you need. I say may because this would be in a scenario where he can prove he only left the U.S. temporarily, to study, you say he has no other ties there - so it may or may not be enough evidence.

Reestablishing domicile - how this is viewed is very specific to individual consulates. What is true in Canada or the UK or Australia may not be true in Manila

I would recommend you send a message to others who have filed DCF in the Phillipines and ask them directly. Some consulates will accept very little proof.

Mrs.Faith started a topic yesterday about a letter of intent, that might be helpful to you and perhaps you can pm her to see what other proof she has compiled:

http://www.visajourney.com/forums/topic/258226-what-is-a-letter-of-intent-to-return-together-with-spouse-in-the-usa/page__view__findpost__p__3962879

Edited May 29, 2010 by trailmix

[LIFE'SJOURNEY 970]

DCF is simply a slang term for Direct Consular Filing. I think the OP is correct to select CR-1 for their profile as they are applying for a spousal visa. Both in US, One out of US, Both out of US, still all file I-130, hence CR-1.

For DCF they USC must meet the domicile requirements.

Bernie, must Op who file for DCF, select DCF for the type of visa process they are going thru. And yes DCF is list as one of the type's of visa process. Again,it a matter of opinion, but what you generally see is filing for DCF.

Since the OP has posted more information regarding their situation, your POST 2 posts ^^^^ answer their questions and concerns.

[danilou 0]

No matter how nonsense a question seems to somebody its not nonsense to me and I really appreciate Bernie C and Trailmix for their replies. VJ is fortunate to have you two. I posted it in this forum because this issue usually crops up for those who filed at the local embassy.

I think Trailmix understands my dilemma because what he stated in the first paragraph is what i'm actually thinking. I'm in contact with Mrs. faith and I'm asking if there's anyone out there who went thru manila embassy with the same concern and who happens to read this post, please message me, thanks.