US Domicile?

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I have a question about proving my US Domicile and intent to live in the US: How do I do it?

I was raised in the US, but have been studying abroad for the last 10-12 years.. always having the intention to move back to the US when I was done. My family has been here with me (they are all USCs as well) and now that me and my brother are done studying, they are all moving back to the US in 2007, too. The thing is, I have filed an I-130 for my husband, to go along with us, but now am worried about the I-864, where it says you must have a US Domicile. The last time I was actually living in the US, I was a kid and living with my parents, and have never had my own residence there, or a job or anything like that. What I do have is:

A US social security number
Some stocks and bonds in the US
A US bank account
I was sent a voting ballot for the 2004 Presidential elections

Would this be enough to prove a US domicile? When I go back to the US, I am planning to study some more, (which in itself would prove my intention to reside in the US, but I won't have an acceptance letter or anything until after I have to file the I-864), get a job and rent somewhere to live..

Does anyone else have this problem? And how did you solve it? Any help would be appreciated!

 

[pianoplayer]

I have a question about proving my US Domicile and intent to live in the US: How do I do it?

I was raised in the US, but have been studying abroad for the last 10-12 years.. always having the intention to move back to the US when I was done. My family has been here with me (they are all USCs as well) and now that me and my brother are done studying, they are all moving back to the US in 2007, too. The thing is, I have filed an I-130 for my husband, to go along with us, but now am worried about the I-864, where it says you must have a US Domicile. The last time I was actually living in the US, I was a kid and living with my parents, and have never had my own residence there, or a job or anything like that. What I do have is:

A US social security number
Some stocks and bonds in the US
A US bank account
I was sent a voting ballot for the 2004 Presidential elections

Would this be enough to prove a US domicile? When I go back to the US, I am planning to study some more, (which in itself would prove my intention to reside in the US, but I won't have an acceptance letter or anything until after I have to file the I-864), get a job and rent somewhere to live..

Does anyone else have this problem? And how did you solve it? Any help would be appreciated!

Domicile is usually established by a two-prong test of which the elements are:

1. Physical presence(does not have to be actual physical presence, can be constructive physical presence, i.e. certain ties ---here there are many possibilities and you do appear to have some that qualify.

2. Intent to remain there, or (if not actually physically present), intend to return there after a definite period of time or after a specific occurence/event. (I am assuming that there is a certain date by which you will be back in the US e.g. by Christmas 2006 or by March 2007).

I do not foresee any problems for you filing the I130 --- if any arise, file as soon as you take up residence in the US. Does your current country provide Direct consular filing? If so, and you qualify(see the individual embassy/consulate for details), you can file there together with your husband.

 

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I've already applied for an I-130 though the Islamabad Embassy in Pakistan, but now am worried about the US Domicile issue coming up when I file the I-864..

As for going to the US, yes, I definitely am going to move back, but it depends on whenever my spouse gets a visa.. I don't really see the point in settling there without him, especially since I haven't been living there for a long, long time, and so would basically be starting afresh when we both move there..

So, are the things mentioned above (the SS #, the bank account, etc) enough to prove a domicile? I don't know how I can rent an apartment or buy a residence there yet, since I don't really know when exactly I'll be moving back!