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Proving intent to domicile.... tricky

Proving intent to domicile.... tricky

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Old Jul 14th 2011, 9:27 pm
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Default Proving intent to domicile.... tricky

Hi all

My American wife and I live in the UK, and intend to emigrate to the states via DCF in London. I've been reading up on this site and elsewhere. The one curve ball that's come up is proving her intent to domicile in the states as my sponsor.

If you're outside the US, what's the best way to satisfy their requirements? I've read all kinds of solutions, like setting up a rental address via the internet (risky) to just showing job applications for the US. I assume this is all down to my wife, and not me though, since she is the one to prove she's going back for good?

She has a US bank account & rental income every month from her US property. She also has two sons living in the states. Any good?

Links to old threads or current advice welcome
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Old Jul 14th 2011, 10:09 pm
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Default Re: Proving intent to domicile.... tricky

She's had this bank account, rental income, and two sons for how long? And all that while, or for much of it anyway, she's been living in the UK? So how would these things show that she's going to move back to the USA?

The one sure-fire way is for her to pack her bags, buy a ticket, and move back to the USA. Ahead of you.

Short of that, she can start preparing for the things that she will need to have done and ready when she does pack her bags, buy a ticket, and move back to the USA with you when you get your visa. I don't know what her entanglements in the UK are, so I can't suggest to you a list of things that she's going to need to do to un-entangle. But certainly she and you know? Make a list and start working on it.

Regards, JEff


Originally Posted by guitarmaan
She has a US bank account & rental income every month from her US property. She also has two sons living in the states. Any good?

Last edited by jeffreyhy; Jul 14th 2011 at 10:11 pm.
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Old Jul 15th 2011, 12:06 am
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Default Re: Proving intent to domicile.... tricky

Originally Posted by guitarmaan
Hi all

My American wife and I live in the UK, and intend to emigrate to the states via DCF in London. I've been reading up on this site and elsewhere. The one curve ball that's come up is proving her intent to domicile in the states as my sponsor.

If you're outside the US, what's the best way to satisfy their requirements? I've read all kinds of solutions, like setting up a rental address via the internet (risky) to just showing job applications for the US. I assume this is all down to my wife, and not me though, since she is the one to prove she's going back for good?

She has a US bank account & rental income every month from her US property. She also has two sons living in the states. Any good?

Links to old threads or current advice welcome
There are indeed many old threads on this topic of intent to domicile, I'm sure with a bit of searching you'll run across them.

Here's a sort of list for you to work on...of course not all will apply to you (I mean your wife):

1. Proof of job hunting in the USA.
2. Proof of intent to terminate UK employment.
3. Proof of house / apt hunting in the USA.
4. If you already have a place lined up in the USA, then the rental agreement / lease / whatever for that home.
5. Proof of intent to terminate UK housing (intent to sell home, etc).
6. Proof of getting researching schools for kids in the USA.
7. Proof of researching and/or registering in school for yourself in the USA.
8. Shipping quotes for moving stuff UK to USA.

Basically anything that shows the intent to stop living in the UK, and start living in the USA.

Rene
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Old Jul 15th 2011, 12:41 am
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Default Re: Proving intent to domicile.... tricky

All we showed for my wife's intent to re-establish domicile was a US bank and student loan accounts and evidence of job applications in the US. We had no problems whatsoever.
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