BritishGuy36

Hi all, first post here.

I have been getting some good advice over at VJ but wanted to post here too in order to get as much input as possible on my situation.

Current situation:

My wife is a US citizen (she grew up there to the age of 20, when we got married). I am a UK citizen. We got married in the US almost 8 years ago and she moved to the UK the week after we got married. We have both lived together here ever since. We are now contemplating moving back to the USA. She still holds a US passport and has indefinite leave to remain in the UK.

My wife has filed an I-130 with London USCIS (DCF).

We are preparing for "stage 2" of the process. At the point of entering into the US neither of us will have jobs. We don't have much in savings, however, we have plenty of equity in our current house here in the UK, enough to satisy the "3 times 125% of the poverty line figure" rule for the 48 contiguous US states. I believe that satisfying the financial qualifications on the I-864 is not an issue.

However the question of "domicile" worries me. My wife has never voted in the US, never had a bank account there, and the only thing with a US address on it that she has is an old temporary driving permit/ID card which expired 10 years ago. This card, does, however, list her address as the same address that we would be initially planning to live at in the US - her parents still live at the address she grew up at.

I am worried that USCIS London will refuse me a visa on the grounds that she is not domiciled in the US.

Someone suggested that when she fills in the I-864, that she lists our current UK address as her "residence" but lists her country of domicile as the US. I am really not sure about that as it seems like bending the rules etc, and obviously if USCIS refuse the visa on the grounds that an untruth has been told on the form then I am unlikely to ever get a visa approved.

Thanks for any input!

Noorah101

I believe it is enough to show *intent* to domicile. She can probably get registered to vote from overseas. Hopefully she has been filing US taxes, that also helps prove domicile. Her expired ID with the same address is helpful. Bring some paperwork to show you've researched homes, apartments, etc in the USA, or researched schools for the kids (if applicable), job searches, that sort of thing.

Rene

ian-mstm

I believe Rene is correct. The intent to show domicile is as important as the actual domicile. She does not need to prove domicile until the day *you* enter the US... but as long as the intent is proven sufficient to get the visa, I don't think there is a need to worry. This is a very common situation for couples who reside outside the US. The bit about filing taxes is really important, BTW. Good luck to you.

Ian

BritishGuy36

Thanks folks.

Until recently we had no idea that she had to file her taxes whilst living/working outside the US. Filing the last 3 years tax returns is one of the things on our "to do" list.

We haven't researched homes as we don't know what area of the US we are going to end up at - we are planning to use the family property as a base from which to start and then go from there.

Elvira

Make sure your wife gets citizenship before she leaves the UK...

Folinskyinla

Hi:

First, a pedantic note -- "USCIS" does not issue "visas." That is done by the Consular Section of the Embassy. However, I know what you mean.

The issue of "domicile" is a reasonable question. What will happen is that your wife must PRECEDE or accompany you to the United States. If you land with an immigrant visa in hand and she is coming with you, she is establishing her "domicile" in the US.

Rete

Her intent to re-establish her domicile in the US is what is important here. She can do that by showing her efforts to locate housing, employment, setting up a bank account, etc. All of these can be done online and not needed to have been done in person. However, I have rarely seen an examiner ask for this evidence during the interview.

Rete

Note, as well, if you become a LPR then you are required to file US tax returns when you leave the country for a short stay (2 years or less) along with an application for a re-entry permit if you are planning on being outside of the US for a year or more.

BritishGuy36

We intend to arrive in the US together. Isn't what you said a catch-22 situation? If she is establishing domicile when we get there, isn't that too late? Don't we need to establish domicile prior to my visa being granted, therefore before we travel?

What we are trying to avoid is spending a grand on flights to the US in order to gather more evidence of domicile. I mean, it's not possible for us to open a joint back account with a bank in the US while we are not physically there (as I am not a USC/LPR and have no SSN at this time). It's hard enough for my wife to open one in her name only, even though she has an SSN and was born a USC.

If we have to go over for a week then we will have to, but was hoping to avoid it, without risking a visa refusal.

I have been phoning banks this week and there are none in the area we will be moving to that will open a bank account for her without her being there. Wells Fargo say that it's possible online but when we start an online application it asks for a load of US details like "phone number we can contact you on about this application" which of course we don't have - as we aren't there!

A note on establishing a place to live. We would initially be living with family. Would a letter from the property owner stating we can live there for an indefinite period be as good as otherwise trying to show we have looked for housing etc?

Noorah101

You just need to demonstrate *intent* to domicile.

Use her family's phone number in the USA. If Wells Fargo calls them to verify anything, they certainly can. And if they want to speak to your wife directly, the family can say she's currently overseas but here is her number there, please give her a call to verify information.

Might help, at least it would show you have lined up a place to live. If you can get it easily, sure, why not.

Rene

ian-mstm

No, because the intent to establish domicile has already taken place. Oh, I should mention here (in case it hasn't come up in any of your research) that "domicile" is not the same as "reside".

Think of domicile as "maintaining ties to the US". This can be done in any number of ways, including filing a tax return each year, maintaining property, maintaining (or opening) a bank account, making arrangements to enrol any children in school, submitting a CV or resume to job hunt, etc. Once she physically enters the US, she proves absolutely that she is on US soil and domicile becomes somewhat moot.

Ian

Folinskyinla

Hi:

"Domicile" is one of those factoids taught in law school. "Domicile" is the "residence" of the person of which they INTEND to be their principal residence.

An example might be one George W. Bush -- he has temporary quarters in Washington DC [which he will vacate next January 20 when his employment contract expires at noon] and also a home in Crawford TX. he considers his "domicile" to be in Crawford although he has a residence in DC at which he spends a lot of time.

In the context of the I-864, the I-864 will notionally be invalid until she comes to the US. If she enters the US with or preceding her husband to take up residence in the US, it will be presumed that she is establishing domicile.

meauxna

I think the posters here have given you good information; I've seen some of the posts on 'domicile' where you've been posting and I don't think you've been getting all that great of information.

Please re-read the posts here, especially regarding intent.

BritishGuy36

That seems to infer that it doesn't really matter what we put on the form, and that it really doesn't matter what we do beforehand. I must be misunderstanding something.

BritishGuy36

Wouldn't this mean she would lose US Citizenship?