DCF London - Domicile

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Old Feb 10th 2011, 9:13 pm
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Default DCF London - Domicile

Hi all,

Never a "quick" question but based on a recent post (USAalltheway - July/Aug filers) I thought I'd ask what others experiences are with the domicile issue. (Note: As implied by the wiki and other posts we understand it's important to be as prepared as possible. Also understood is the fact that in USAalltheway's case a joint sponsor seemed to open all the doors.)

However, with regard to intent to relinquish ties with the UK, I wondered if anyone else had experience proving this? We own a home in the UK and understand we might have to put it on the market in order to get the visa. As you can imagine this can be costly. Near enough £1000 with estate agent marketing and a home report expenses (Scotland) just to get it on the market. Does anyone have experience on how to mitigate these costs to prove intent to the CO?

Additionally a second option we had in mind would be to prove intent to rent the UK property we own but didn't really think this would satisfy the CO of our intent to "cut" ties with the UK.

Any thoughts would be much appreciated.
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Old Feb 10th 2011, 9:20 pm
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Default Re: DCF London - Domicile

Originally Posted by Fihcurry
Hi all,

Never a "quick" question but based on a recent post (USAalltheway - July/Aug filers) I thought I'd ask what others experiences are with the domicile issue. (Note: As implied by the wiki and other posts we understand it's important to be as prepared as possible. Also understood is the fact that in USAalltheway's case a joint sponsor seemed to open all the doors.)

However, with regard to intent to relinquish ties with the UK, I wondered if anyone else had experience proving this? We own a home in the UK and understand we might have to put it on the market in order to get the visa. As you can imagine this can be costly. Near enough £1000 with estate agent marketing and a home report expenses (Scotland) just to get it on the market. Does anyone have experience on how to mitigate these costs to prove intent to the CO?

Additionally a second option we had in mind would be to prove intent to rent the UK property we own but didn't really think this would satisfy the CO of our intent to "cut" ties with the UK.

Any thoughts would be much appreciated.
It wasn't a problem for us. My wife wrote a letter to go with the I-864 package at my interview. In it she stated her intent to re-establish domicile in the US, and the evidence she gave was the US bank and student loan a/cs that she had with the address of her mother, and copies of job applications she'd sent to employers in the US. She also stated that we were planning to put our house on the market but hadn't yet.

The ConOff accepted it without any comment - she simply asked where my wife was at my interview, to which I answered still in the UK, and that was it.
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Old Feb 10th 2011, 9:22 pm
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Default Re: DCF London - Domicile

Originally Posted by Fihcurry
Hi all,

Never a "quick" question but based on a recent post (USAalltheway - July/Aug filers) I thought I'd ask what others experiences are with the domicile issue. (Note: As implied by the wiki and other posts we understand it's important to be as prepared as possible. Also understood is the fact that in USAalltheway's case a joint sponsor seemed to open all the doors.)

However, with regard to intent to relinquish ties with the UK, I wondered if anyone else had experience proving this? We own a home in the UK and understand we might have to put it on the market in order to get the visa. As you can imagine this can be costly. Near enough £1000 with estate agent marketing and a home report expenses (Scotland) just to get it on the market. Does anyone have experience on how to mitigate these costs to prove intent to the CO?

Additionally a second option we had in mind would be to prove intent to rent the UK property we own but didn't really think this would satisfy the CO of our intent to "cut" ties with the UK.

Any thoughts would be much appreciated.
Can this be approached from a different angle?

Instead of showing you're leaving the UK can you not show what you're doing to "domicile" in the USA? I.e schools for kids, work, housing etc?

Just a thought? We've got more than 1 house and have no intention of selling them all.
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Old Feb 10th 2011, 9:25 pm
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Default Re: DCF London - Domicile

Well, what are your overall plans? Your past posts didn't really go into it. You don't have to sell your house, but what do you plan to do with it?

I'd encourage you to read the links about domicile from the DCF wiki (let me know if there are broken links) for the *context* as well as the practical.

How long the USC has been living abroad matters, as well as her intent.
It's not a huge deal generally. You need to demonstrate that the USC is really going back to the US.
The only person who had a real issue with this is user Ginblossom; he wrote a wiki guide covering his experience.
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Old Feb 10th 2011, 9:26 pm
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Default Re: DCF London - Domicile

Originally Posted by shaunos
Can this be approached from a different angle?

Instead of showing you're leaving the UK can you not show what you're doing to "domicile" in the USA? I.e schools for kids, work, housing etc?

Just a thought? We've got more than 1 house and have no intention of selling them all.
Yes, I would say the first prirority is to show what you're doing to domicile in the USA....school for the kids, job hunting, house hunting, bank accounts, etc. Secondary would be showing cutting the ties to the UK...starting the legwork on selling the house (I would think just showing some correspondence with a real estate agent), letter of resignation from work (don't turn it in yet, just show you have one prepared), shipping quotes for moving your stuff to the USA...etc.

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Old Feb 10th 2011, 9:45 pm
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Default Re: DCF London - Domicile

The board is hot tonight! (maybe it always is ) Feedback so far has already been very insightful. Thanks guys.

Didn't want to go into a lot of detail initially as thought it might confuse the question but since asked here we go!

My husband (USC) has been living here for going on 4 years and both of us have a job lined up in the USA (different than current UK job/employer), have our own place to live in US, US bank account statements, US credit card statements, a joint sponsor, USC voting record, US tax returns. Suppose we could look into child care for our 5 month old. We've a few UK credit cards and bank accounts we could cancel (still retaining 1 of each).

The Wiki is superb and have read it (possibly too many times now!) and think our UK property is the only sticking point...
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Old Feb 10th 2011, 9:53 pm
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Default Re: DCF London - Domicile

Originally Posted by Fihcurry
The board is hot tonight! (maybe it always is ) Feedback so far has already been very insightful. Thanks guys.

Didn't want to go into a lot of detail initially as thought it might confuse the question but since asked here we go!

My husband (USC) has been living here for going on 4 years and both of us have a job lined up in the USA (different than current UK job/employer), have our own place to live in US, US bank account statements, US credit card statements, a joint sponsor, USC voting record, US tax returns. Suppose we could look into child care for our 5 month old. We've a few UK credit cards and bank accounts we could cancel (still retaining 1 of each).

The Wiki is superb and have read it (possibly too many times now!) and think our UK property is the only sticking point...
If I had to hazard a guess, I'd say your confirmed job offer in the USA goes further toward establishing your intent to domicile than proof of intent to sell your UK house.

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Old Feb 10th 2011, 10:14 pm
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Default Re: DCF London - Domicile

Originally Posted by Fihcurry
The board is hot tonight! (maybe it always is ) Feedback so far has already been very insightful. Thanks guys.

Didn't want to go into a lot of detail initially as thought it might confuse the question but since asked here we go!

My husband (USC) has been living here for going on 4 years and both of us have a job lined up in the USA (different than current UK job/employer), have our own place to live in US, US bank account statements, US credit card statements, a joint sponsor, USC voting record, US tax returns. Suppose we could look into child care for our 5 month old. We've a few UK credit cards and bank accounts we could cancel (still retaining 1 of each).
That sounds rather more than we had and we were fine!
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Old Feb 10th 2011, 10:57 pm
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Default Re: DCF London - Domicile

Originally Posted by Fihcurry
The board is hot tonight! (maybe it always is ) Feedback so far has already been very insightful. Thanks guys.

Didn't want to go into a lot of detail initially as thought it might confuse the question but since asked here we go!

My husband (USC) has been living here for going on 4 years and both of us have a job lined up in the USA (different than current UK job/employer), have our own place to live in US, US bank account statements, US credit card statements, a joint sponsor, USC voting record, US tax returns. Suppose we could look into child care for our 5 month old. We've a few UK credit cards and bank accounts we could cancel (still retaining 1 of each).

The Wiki is superb and have read it (possibly too many times now!) and think our UK property is the only sticking point...
I suspect the question will never come up in your case.

I also owned my house, and that pretty much takes 'domicile' out of the equation. Because I didn't understand it as well at the time, I simply stated somewhere that I considered myself domiciled in the US all along and was only temporarily overseas. For a few years.

Seriously, this is a non issue for you, IMO.
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Old Feb 10th 2011, 11:32 pm
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Default Re: DCF London - Domicile

Among other things I had a letter from my boss stating that he was aware of my intention to move back to the US. Not always possible depending on your workplace, though!
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