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When a US citizen petitioner has been living outside the US they must prove that they will move back to the US and or has keep a domicile in the US. Domicile
A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that: (1) That he or she has taken steps to establish a domicile in the United States; (2) That he or she has either already taken up physical residence in the United States or will do so concurrently with the applicant; (3) The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant; (4) The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or (5) Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States. Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following: (1) Opening a bank account; (2) Transferring funds to the United States; (3) Making investments in the United States; (4) Seeking employment in the United States; (5) Registering children in U.S. schools; (6) Applying for a Social Security number; and (7) Voting in local, State, or Federal elections http://photos.state.gov/libraries/manila/865058/instructionpackets/IV%20Applicants_%20Interview%20Preparation%20Instructions%20_as%20of%2017%20September%202013_%20without%20footer.pdf 9 FAM 40.41 N7.1-1 Maintaining U.S. Domicile While Living Abroad Temporarily a. Unless the petitioner meets the conditions outlined in 9 FAM 40.41 N7.1-2 below, a petitioner who is maintaining a principal residence outside the United States could not normally claim a U.S. domicile and would be ineligible to submit Form I-864. In order to provide an AOS for his or her relative, such a petitioner would have to reestablish a domicile in the United States. (See 9 FAM 40.41 N7.1-3, below.) b. However, in a situation in which the petitioner has maintained both a U.S. residence and a residence abroad, you must determine which is the principal abode. Some petitioners have remained abroad for extended periods but still maintain a principal residence in the United States (i.e., students, contract workers, and non-governmental organization (NGO) volunteers). To establish that one is also maintaining a domicile in the United States, the petitioner must satisfy you that he or she: (1) Departed the United States for a limited, and not indefinite, period of time; (2) Intended to maintain a U.S. domicile at the time of departure; and, (3) Can present convincing evidence of continued ties to the United States. A petitioner living abroad not meeting the criteria in 9 FAM 40.41 N7.1-1 who wishes to qualify as a sponsor must satisfy you: (1) That he or she has taken steps to establish a domicile in the United States; (2) That he or she has either already taken up physical residence in the United States or will do so concurrently with the applicant; The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant; (4) The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or (5) Must at a minimum to satisfy you that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States. b. Although there is no time frame for the resident to establish residence, you must be satisfied that the sponsor has, in fact, taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following: (1) Opening a bank account; (2) Transferring funds to the United States; (3) Making investments in the United States; (4) Seeking employment in the United States; (5) Registering children in U.S. schools; (6) Applying for a Social Security number; and (7) Voting in local, State, or Federal elections. c. If a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a “sponsor” for the purposes of submitting Form I-864, and a joint sponsor cannot be accepted and the applicant must be refused pursuant to INA 212(a)(4). Without a properly executed I-864, signed by a sponsor (the petitioner) who is “domiciled” in the United States, in visa cases which require an I-864, then an immigrant visa cannot be approved. http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html |