scm1133

Hi Everyone,

Thank you for all of the great help as my husband and I go through the marriage visa process!

I am working on completing my support document and I had a question about Domicile.

I work for a US company, I'm paid in USD, and it goes into a US bank account - but I live in the UK. I have a drivers license, a letter from my parents stating that we can stay with them (and a mini contract outlining rent, etc), credit cards bills, etc and I have a voting record.

BUT - my US company wants to put me on UK payroll and make me a UK employee. Will this impact my ability to claim/prove US domicile? I do not want to jeopardize the process since we're so far into it and I'm confident I can prove domicile based on the current situation.

That said, I might not have a choice, so I wanted to find out the implications of switching to a UK job despite applying and trying to prove that we do in fact want to move back to the US.

Any guidance would be great!

Thanks,
Shari

dreamercon

The domicile requirement can be satisfied by working abroad for a U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation. If your job meets this requirement, you are automatically considered to be domiciled in the US because of your employment. Payrol considerations make no difference.

In fact, if you meet the above requirements your spouse may be able to apply for expedited naturalization immediately after becoming a permanent resident. That's the best possible deal one can get.

S Folinsky

Interesting reading: Matter of Kane

jeffreyhy

scm,

Does your company know that you are going to be moving back to the USA? And are you going to be staying employed with this company when you move back to the USA?

Regards, JEff

scm1133

Hey Jeff,

Yes. I started working with the US entity in 2009 under the premise that I'd be relocating to the US. Then, in early 2010, they decided there was a business need for me in the UK office and asked if they could transfer me to the UK office until Dec 2010 and relocate me to the US office in January 2011 since our visa process would be complete and we could move right away. I said that I wasn't sure because I didn't want it to disrupt our visa process.

Noorah101

If you're doing DCF and starting to file it now, your immigrant visa process will be done by about September, and you could move to the USA in January.

If you can get a letter from your company saying that they are transferring you to the US Division in December 2010, and then relocating you to the USA in January 2011, that might work out. At least it will be in writing from your employer, that you will indeed be leaving the UK division and moving to the USA at a specific time.

Rene

jeffreyhy

scm,

I agree with Rene, this could work out very nicely for you.

Regards, JEff

scm1133

I hope so!

We started the process in November and we just received a letter saying that our I-130 was approved. We received the checklist and are not sure what to do next because of the change in my work situation (albeit temporarily through the end of the year).

I didn't want to jeopardize the process by switching to the UK team (and switching back to the UK team). I agree with Rene that the letter outlining the change and the intent to bring me back to the US could suffice, but I just wanted to get some other opinions on it too!

Noorah101

Wow, why did it take 5 months to get the I-130 approved? You filed it directly to London, right?

Rene

scm1133

Yup...

I think that the holidays caused a bit of delay and then we got sent a RFE. It took awhile to get our joint bank accounta statements, but then got approval soon after sending in all the additional documents.

jeffreyhy

The conundrum that many DCFers have is that they have to prove domicile overseas in order to submit their petition by DCF, then turn around and prove domicile in the USA (or strong evidence of intent to establish domicile in the USA) in order to get the visa approved. Your employment situation solves that problem nicely, as well as the problem of meeting the income requirement.

Regards, JEff

meauxna

If one is feeling pedantical, one might say that only 'residence' outside of the US needs to be demonstrated (proved) to petition outside the USA; domicile is only raised on the I-864 (at the visa application stage).

jeffreyhy

I've been out-pedanted.

Regards, JEff

scm1133

Thanks all...I guess this means I'm fine to transition to the UK team and being paid in pounds as long as I get the letter of intent to return to the US team from the company!