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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 lớn demonstrate that the intending immigrant has some sort of financial tư vấn if necessary. Generally, the U.S. citizen or permanent resident that petitions a family member for a green thẻ also must submit Form I-864, Affidavit of Support. The affidavit of tư vấn is a legal contract between the petitioner và the U.S. government. On Form I-864, petitioners must prove sầu that they have the ability lớn financially support the visa applicant(s) if necessary. Additionally, the petitioner must provide proof of domicile in the United States.

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In fact, there are three fundamental requirements for acting as the sponsor on the affidavit of support. The sponsor must:

Be a U.S. citizen, U.S. national or lawful permanent resident age 18 or older;Provide proof of domicile in the United States.

If you’re planning lớn petition a family thành viên for a green thẻ, you’ll most likely need to prepare Form I-864, Affidavit of Support. Qualified sponsors must be able lớn provide proof of U.S. domicile.

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What is Country of Domicile on Form I-864, Affidavit of Support?

An I-864 sponsor must be domiciled in the United States. It would be an oversimplification lớn 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 và U.S. territories), & you plan to lớn maintain a principal residence in the U.S. for the foreseeable future. It’s okay to lớn move sầu khổng lồ another state within the United States; the United States continues to be your domicile.

Temporary travel lớn 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 lớn have a U.S. domicile as long as the United States remains your permanent trang chủ and you always intkết thúc to return.

For most people, this is straightforward. If you live sầu 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 và provide proof of domicile on Form I-864.

Documents khổng lồ Prove U.S. Domicile

For the typical sponsor who has always lived in the United States, no special evidence is required to prove sầu domicile. If necessary, you may need khổng lồ use federal tax returns và other supporting documents to prove sầu 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 khổng lồ establish evidence of domicile include but are not limited to:

Federal income tax returnstrang chủ ownership or active sầu lease with evidence of maintaining homeU.S. bank trương mục or other investmentsPay stubs from U.S. employerRegistering khổng lồ vote (if a U.S. citizen only)Children’s registration in school

Living Abroad Temporarily

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 lớn 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:

Your voting record in the United States;Records of paying U.S. state or local taxes;Having property in the United States;Maintaining ngân hàng or investment accounts in the United States;Having a permanent mailing address in the United States; orOther proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.
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Additional evidence that ties khổng lồ the U.S. were maintained could include receipts for storage facilities in the U.S., subscriptions or contributions to lớn 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, & even relevant correspondence with institutions, colleagues, family, and friends that communicates your intentions to return to lớn the United States.

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Employment Abroad

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:

The U.S. government (including the U.S. armed forces);A U.S. firm or corporation engaged in whole or in part in the development of foreign trade & commerce with the United States, or a subsidiary of such a firm or corporation;A public international organization in which the United States participates by treaty or statute;A religious denomination having a bomãng cầu fide organization in the United States, if the employment abroad involves the person’s performance of priestly or ministerial functions on behalf of the denomination; orA religious denomination or interdenominational missionary organization having a bomãng cầu fide organization in the United States, if the person is engaged solely as a missionary.