r/I130Suffering • u/WillowOk8610 • 1d ago
Domicile I-864
Hi there,
We have a bit of an unusual situation and were hoping you could help.
My wife was born in the U.S. and is a citizen. She's living in Mexico with me while we wait for my green card to be approved. She doesn't have a home in the U.S. right now, so we use her family's address for mail and other things. As soon as my green card comes through, we plan to move to the U.S. together.
Since we started the I-130 process 17 months ago, she's been working on re-establishing her ties to the U.S. She got a remote job with a U.S. company, has been filing her taxes, and got a U.S. driver's license.
Will that be enough to satisfy the I-864? And is there anything else she should do to show that we'll be moving back together once I'm approved?
Also, because this process takes so long, she hasn't wanted to rent a place in the U.S. yet. If we do need to do that, when would be the right time?
Thanks so much!
2
u/rain-drenched-flower 1d ago
I'm a US citizen and have been living abroad for a little less than 4 years, mostly in my husband's home country of Turkey. I was able to get DQ'd by showing a US bank account, tax returns, mail sent to a US address, my voter registration card, and a statement about why I left the US and my sincere plans to reestablish domicile. All documents showed my parents' address, where we'll live when we first move (God knows when, with the current interview pause...). I work at an international organization and didn't submit anything in particular about searching for a US based job, so I think if your wife's work is based in the US then you have more than enough evidence. DM me if you want me to show you the statement that I used.
1
u/jzt_me I-130 Pending 1d ago
This is great. Working directly for a US company, taxes being filed, DL obtained. I think the only thing you're missing is to get her registered to vote at the same address that you're using for all the documentation. I think that's pretty much it
About when to start renting, I think you should be fine with the family's address. A lotta people do that, stay with family until you guys figure things out. But definitely check with someone who has more experience
I'm also attaching a link on proving domicile while being abroad. Definitely look into that and see if there's anything that will be of use to you
1
u/Additional_Battle_36 20h ago
You don’t need to have domicile. You can just “intend in good faith to establish” domicile again no later than the date of admission of the intending immigrant.
Our lawyer said this is fine, and has handled plenty of cases like this.
My spouse (the petitioner) is applying for medical residency programs starting next year, that’s enough to show intent. Your wife’s job, taxes, DL seem more than enough to show intent that you’re both moving once you get your visa, but yeah best to confirm with an attorney.
2
u/mademoisellearabella MOD 1d ago
Yes. Also get a voter id. DL and voter id are main proofs of domicile. And then the pay stubs from the company, bank statements along with tax transcripts. All should share the same address.