U.S. immigration law (INA §213A) requires intending immigrants in family-based visa categories to show that they will not become a public charge in the United States. Therefore, it’s necessary to demonstrate that the intending immigrant has some sort of financial support if necessary. Generally, the U.S. citizen or permanent resident that petitions a family member for a green card also must submit Form I-864, Affidavit of Support. The affidavit of support is a legal contract between the petitioner and the U.S. government. On Form I-864, petitioners must prove that they have the ability to financially support the visa applicant(s) if necessary. Additionally, the petitioner must provide proof of domicile in the United States.
In fact, there are three fundamental requirements for acting as the sponsor on the affidavit of support. The sponsor must:
If you’re planning to petition a family member for a green card, you’ll most likely need to prepare Form I-864, Affidavit of Support. Qualified sponsors must be able to provide proof of U.S. domicile.
An I-864 sponsor must be domiciled in the United States. It would be an oversimplification to say that U.S. domicile is the equivalent of living in the United States. More precisely, your principal residence must be located in the United States (to include the District of Columbia and U.S. territories), and you plan to maintain a principal residence in the U.S. for the foreseeable future. It’s okay to move to another state within the United States; the United States continues to be your domicile.
Temporary travel to another country does not disrupt your U.S. domicile. If you take a short vacation abroad or even visit family in another country for a couple of months, you continue to have a U.S. domicile as long as the United States remains your permanent home and you always intend to return.
For most people, this is straightforward. If you live at a U.S. address, your country of domicile is the United States. But for some people with employment overseas or lengthy visits abroad, it becomes more difficult to define and provide proof of domicile on Form I-864.
For the typical sponsor who has always lived in the United States, no special evidence is required to prove domicile. If necessary, you may need to use federal tax returns and other supporting documents to prove U.S. domicile. If the sponsoring petitioner has lived abroad within the past couple of years, adjudicators may require the sponsor to provide additional evidence of current domicile in the U.S. The burden of proof is on the sponsor. Examples of documents that a sponsor can use to establish evidence of domicile include but are not limited to:
A U.S. citizen may live abroad. However, it may create a challenge when proving your country of domicile is the United States. A lawful permanent resident may also have extended visits abroad to be with family members, business or other reasons. But “living” abroad or extensive trips can create additional problems for permanent residents (read more).
If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that your country of domicile remains the United States. Examples of proof include:
Additional evidence that ties to the U.S. were maintained could include receipts for storage facilities in the U.S., subscriptions or contributions to organizations in the U.S., proof of visits to family and friends in the U.S., proof of having renewed a U.S. driver’s license, and even relevant correspondence with institutions, colleagues, family, and friends that communicates your intentions to return to the United States.
Some individuals employed abroad are automatically considered as domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:
But what if you live abroad and don’t work for a qualifying employer and can’t submit proof of U.S. domicile? Certain individuals may act as I-864 sponsors if they intend in good faith to reestablish domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.
Lawful permanent residents should be aware that extensive absences from the United States can create problems beyond country of domicile. A permanent resident can abandon his or her status by moving to another country (even temporarily) if originally intending to live there permanently. Additionally, one can lose a green card if he or she remains outside the United States for more than one year. A reentry permit (if obtained prior to the trip) can be used to reenter for trips not longer than two years. Alternatively, certain circumstances may justify a returning resident visa. Please speak to an immigration attorney if you’ve been absent from the U.S. for more than one year.
You must submit evidence that you’ve taken steps to establish domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Examples of acceptable evidence include a written job offer (and acceptance) from an employer in the United States, signing a lease or purchasing a residence in the United States, or enrolling children in U.S. schools. Closing foreign accounts and opening of accounts with U.S. institutions helps to support your claim to U.S. domicile.
For individuals without clearly established domicile in the United States, filing Form I-864, Affidavit of Support, can be more challenging. If you live abroad but still claim a U.S. domicile, you will need to submit a written explanation and documentary evidence along with your Form I-864. You must be able to prove that you are employed abroad by certain U.S.-related entities or that your absence from the United States is temporary. Country of domicile situations can be very complex and will be determined on a case-by-case basis. Therefore, if your U.S. domicile is not straightforward, we recommend that you contact an immigration attorney before filing the Form I-864, Affidavit of Support.
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