Sfpals

We finally got our interview date (!) and we're now gathering the last bit of information before the meeting. I would love your thoughts on whether I'm considered domiciled in the US.

Would I be better off claiming domicile, or demonstrating my intent to re-establish domicile?

Here's my situation:

US Affairs

• I'm a USC and have been living in the UK with my spouse for 9 months.
• I've been paying rent on my apartment in the US, which has been empty all this time (crazy, I know. But it's rent-controlled!). The lease is still in my name.
• I've made two visits home since living in the UK.
• I've maintained my US affairs: US bank account, US mobile phone number, and renewed my driver's license.
• I've been also paying US health insurance each month

UK Affairs

• I hold a UK residence permit
• I quit my UK job in preparation for our move back
• The lease for our UK flat is up in March 2016.

Lastly, this forum is phenomenal and has helped us so much in our journey back to the US.. so THANK YOU.

Pulaski

Ask a dozen lawyers a question on domicile and you'll likely get at least thirteen different answers. That said, for the purposes of your question and given the information you supplied, I would say that, having lived in the UK for nine months, you are currently UK domiciled.

Honestly, for the purposes of your spouse's visa, intent to establish domicile is a very low threshold to reach. Having, or looking for, a place to live in the US, looking for a job, and getting some shipping quotes, or other such "evidence" is all that's required. In any case I have never heard, on BE, of anyone being denied a visa for lack of evidence of intent to domicile in the US.

ian-mstm

You're required to demonstrate only the intent to domicile... so, given the choice, that's definitely the easier burden of proof.


Both lists look fine to me! Have you considered getting a quote from a moving company for your spouse's possessions? You don't actually have to use it, but it's free to have one!

Ian

Sfpals

You both are the best - thank you again for your help. I'll go ahead and try to demonstrate my intent. I'll also get a moving quote! You're right, it's an easier burden of proof