Dual citizen obtaining domicile as non US resident

[xduncanx 2]

Hi,

I've had a pretty good look around and although there are many topics in this area I couldn't locate one that was definitive. So apologies if answered already.

I'm a New Zealand born dual NZ/US citizen. I have lived in NZ 95% of my life and my fiance (a NZ'er) and I are planning to move to the US at the end of this year. We have several options including; fiance visa, alien relative visa and employment visa. Ideally the I-130 option would work best for us as it is the simplest and cheapest. We are happy that we can file for petition for an alien relative from NZ and complete a consular interview. However when it come to the affidavit of support, on which I must be a sponsor, we are stumbling at the domicile requirement.

I've come across this interesting piece:

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Portion of TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) discussing domicile.

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.

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I believe this is saying that the intent to establish domicile upon arrival sufficient, is that correct?

What sort of evidence is required? We have organized to stay with my grandmother until we find our feet.

thanks in advance.

[dwheels76 5,463]

Hi,

I've had a pretty good look around and although there are many topics in this area I couldn't locate one that was definitive. So apologies if answered already.

I'm a New Zealand born dual NZ/US citizen. I have lived in NZ 95% of my life and my fiance (a NZ'er) and I are planning to move to the US at the end of this year. We have several options including; fiance visa, alien relative visa and employment visa. Ideally the I-130 option would work best for us as it is the simplest and cheapest. We are happy that we can file for petition for an alien relative from NZ and complete a consular interview. However when it come to the affidavit of support, on which I must be a sponsor, we are stumbling at the domicile requirement.

I've come across this interesting piece:

-----

Portion of TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) discussing domicile.

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.

----

I believe this is saying that the intent to establish domicile upon arrival sufficient, is that correct?

What sort of evidence is required? We have organized to stay with my grandmother until we find our feet.

thanks in advance.

Go to this link for NVC filers and read Post #2 all about setting up Domicile.

http://www.visajourney.com/forums/topic/417050-nvc-filers-march-2013/

[xduncanx 2]

Go to this link for NVC filers and read Post #2 all about setting up Domicile.

Thanks for your reccomendation.

This is the relevant section I've found in the I-864 form instructions:

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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.

You must submit proof that you have taken concrete steps to

establish you will be domiciled in the United States at a time

no later than the date of the intending immigrant's admission

or adjustment of status. Concrete steps might include

accepting a job in the United States, signing a lease or

purchasing a residence in the United States, or registering

children in U.S. schools. Please attach proof of the steps you

have taken to establish domicile as described above.

-----

This is where we are feeling some uncertainty. Here in this section it states that if I wish to 'reestablish' domicile. Also in the post you referenced the list of documents are largely a list of relics of a previous domicile, such as US credit cards, re-opened car insurance, etc.

We will be setting up for the first time. We were hoping to be able to arrive together with little more than an arrangement to stay with my grandmother tuntil we find our feet.

Do you have any recomendations for what sort evidence we could use to support our domicile on arrival? The only one applicable to us from the list in the cover letter template was shipping estimates.

What about Tax returns? I have not done any sort of tax work for the US.

thanks

[Roosha 51]

Domicile might be the least of your issues. I've been outside the US for the past 8 years so I know exactly where you're coming from, and there's a lot you're going to need to do with regards to the I-864. Here's what you'll need regarding the AOS:

1) Income from US source or a joint sponsor that meets the requirements. Or else you could sponsor on assets. But your current international employment does not count.

2) You're going to need to file taxes for the past 3 years at least in order to file the AOS, even though your income will not be counted. Read this link about overseas filing, might help: http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

3) You need to provide proof that you're re-establishing domicile, everything you do before moving in order to get settled. You should write up a lease for you and your grandmother to sign. See if you can open a bank account. Do you have kids? Register them in school, or at least contact the registrar and get the information, you can submit those emails as proof. What about work? Are you applying for jobs? Print out emails, phone logs, your profile on employment websites, anything that will show that you're looking.

[VanessaTony 3,567]

What about Tax returns? I have not done any sort of tax work for the US.

As a US citizen you are required to file taxes on WORLDWIDE income. This means, it doesn't matter where you are in the world, or where you earn that income, every year you must file taxes on your income (unless you don't earn over the threshold) to the US.

If you have failed to file taxes, you need to file back taxes. You can file for a foreign income exemption, you do not necessarily have to PAY tax, but you need to have filed. If you owe tax, most say you need to have some sort of payment plan in place.

Edited March 4, 2013 by Vanessa&Tony

[hikergirl 277]

The Canada forum has a whole thread pinned to the top on how to prove domicile.

While clearly you are not in Canada or dealing with the Montréal Consulate, there may be info in there that could help you.

Best of luck!