Proving Domicile for I-864

[cupcakelady 0]

Hi There,

I really need so advice or information regarding an Immigration Visa. Quick look at Husband's background. He was born and lived in USA until age of 6, went to school etc, moved from usa to ireland several times as well having frequent holidays in the US etc, before finally residing in ireland. He went back there in 2007 for 3 Months and got a jobs for about 2 Months. He opened a bank account while he was there, but unfortunately this has now been closed.(Think after 2 Yrs they close it down). He has completed his College Qualifications while in Ireland so has been a dependent here in ireland. He is now 25. Our intention is to now start up a life in the US. We dont own any property etc here as we are both only 25.

My husband filed I-130 on 23rd November 2011 and this was approved on 11th January 2012. We then paid all the fees relating to Affidavit of Support, and sent in the DS-230 and I-864. We are currently both living in ireland so we have the use of a joint Sponsor(My husband's grandmother).

We sent the following forms to the NVC in February 2012:

I-864 for Sponsor(My Husband)

I-864 for Joint Sponsor(His Grandmother)

I-864A for Joint Sponsor

All of the Joint Sponsor's Forms were ok, just need to send in copy of Passport to prove citizenship for her. Unfortunately for my Husbands I-864, they had quiet a few questions on the checklist, mainly being why he didnt file tax returns etc. So we have a letter drawn up stating the reasons why he hasnt be filing tax returns in the US.(Been a dependent in Ireland and studying in School, College etc)

When we move over to the US provided my visa gets approved, we will be staying with his grandmother and that will be our permanent address until we find and place of our own. She also sent in a letter stating that this would be the case and that we would be contributing towards utility bills etc. My husbands father also sent in a letter to prove that my husband's intention is in fact to re-establish his domicile in USA

The big problem we have is proving his Domicile in the US, when he is currently living outside of the US.

All we have so far is the following:

Termination of our lease here in ireland and we are currently living with his parents temporarily until Visa is approved.

He tried re-opening his Bank of America Account, they have all his details, but cant pass security in bank without physically being in the bank to sign.

He has also filled out a Voting Registration form and has sent that so hopefully should receive a card within a few weeks(The address is in the US, where we will be residing)

We also have a permanent Address in the US when we get there.

He has also written a letter stating that it is his intention to re-establish his Domicile in the USA, and that he will be entering the USA at the same time as me once my visa gets approved.

I doubt very much that the NVC will accept this as proof of Domicile unless he actually moves back to the US before me to find a job etc??

I really need help with this as we really dont want to be apart as we are only married 6 Mths. We have both tried ringing the US embassy in Ireland and the NVC in the US and no one can give a straight answer, just reciting what is on their website.

Please help????

[cupcakelady 0]

Ok finally getting a bit further before we send back I-864 , managed to set up a bank account with HSBC and has a letter from relative saying they will provide my husband with a job when we arrive in the us.

Anyone at the same stage or have the same problem proving domicile outside usa.??

[Mellow 8]

Ok finally getting a bit further before we send back I-864 , managed to set up a bank account with HSBC and has a letter from relative saying they will provide my husband with a job when we arrive in the us.

Anyone at the same stage or have the same problem proving domicile outside usa.??

Accdg to a reputable US immigration lawyer:

How is domicile determined? Domicile is determined on a case-by-case basis. The petitioner must have "a principal residence in the U.S. with the intent to maintain that residence for the foreseeable future". (If the petitioner is living outside the U.S., he cannot comply with the "domicile" requirement for the affidavit of support laws.)

How can the petitioner establish domicile? According to the U.S. State Department in Washington, D.C. (which oversees Embassies):

"The sponsors must have taken a credible combination of steps to make the U.S. his immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the third country. It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above."

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[Darnell 8,478]

Canadiens have this problem also.

There's a pinned topic in the Canada forum about this.

IMO - it's two things, so pick one -

1. proving up you are re-establishing domicile on interview day at the IV unit or

2. proving up that you have already established domicile by interview day at the IV Unit.

Take a gander at that pinned topic, read a bit - you should get some more ideas.

Good Luck !

[cupcakelady 0]

We had no property to give up here as we are only 25/26 . Included copy of our terminated lease and have transferred money to a us bank account . My husband has also been offered a job for when he arrives in the us. We also have a letter from a family member in the us stating tat we will be staying with them until we find a place of our own.

My husband also registered to vote there recently. Think tat is all the steps he has taken in re establishing domicile in us without having been there. See my first post if i have left anything out.

Do you guys really think this will not be enough to prove . When i get a date for interview my husband is gonna book flights to the us so hopefully will have visa approved soon after and can go together. He is gonna book flights

for himself so tat can be bit more evidence at interview ??

Thanks for replying guys :-)

[Darnell 8,478]

read that pinned topic in the Canadien forum, soonish. is great weekend homework.

[cupcakelady 0]

Can you post the link to the Canada forum can't seem to find what you are telling me to review

thank you

[yachachiq12 43]

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

[Darnell 8,478]

[thanks, yachachiq ! ]

[cupcakelady 0]

So just got an update today via email. The NVC requested a new I-864 along with evidence to prove domicile etc. about 3/4 Weeks ago. Sent them an email bout 3 Weeks again with a list of Domicile evidence and think they just took that information as my return of evidence without sending in physical evidence and new form.

Good News i guess they said No need to now mail this information to the NVC and to present it at the Interview, date now yet given??? I have taken this as a good sign and that we have finally got out of the NVC Stage??

Just need to get a nice office at the embassy now to accept what evidence we have and hopefully have a visa

Does anyone know how long out of NVC do you get a date for interview??

Edited April 2, 2012 by cupcakelady

[Darnell 8,478]

hey - time to join the club -

http://www.visajourney.com/forums/topic/354975-nvc-filers-march-2012/

read the first post.

[cupcakelady 0]

just wondering if anyone has information on waiting times for interview for us embassy in dublin? Can you call the embassy to make an appointment or do you have to wait for the nvc to do it??

Approx Times

I-130- Sent 22 Nov 2011

I-130- Approved 11 January 2012 (Got sent back once start of december for proper completion of form)

DS230- Sent in Feb 2012 along with Joint Sponsor Forms I-864 and my husbands I-864. All Fees paid ($88 and $404)

Needed additional informtion for domicile etc but provided this information in an email to NVC and they closed our case 29 March 2012 and said that we could provide the evidence at the interview when scheduled.

Dont think it has been too long really the whole process, just cant wait to go now so from my information above does anyone know approx times on waiting for an interview?

Thanks a million

[cupcakelady 0]

Anyone Please ?????????

[cupcakelady 0]

Interview date received 11th June , so happy :-):-):-):-)

[Darnell 8,478]

yee har! Yar !

I'm really surprised you not get a May interview, with a CC on 29 March 2012.