There are several requirements to submit an I-864 Affidavit of Support. The proof of U.S. domicile is one of those required documents. If an individual cannot provide this proof, their petition request could be rejected. With that, you might have plenty of questions about this process. Here are a few things you need to know about proof of U.S. domicile and all other required documents for approval.
Are you having issues trying to determine your proof of U.S. domicile? At Brudner Law, we have experienced attorneys who can assist with the immigration or sponsorship process!
How Do I Know My Country of Domicile?
All people have a domicile of origin. In most cases, you acquire a residence of origin at birth. You usually have the same domicile in the country as your parents' permanent home. Some people are born in one country but have a domicile in another. In those situations, the permanent residence of your parents is your official domicile. However, there are always exceptions to the rule, with dual citizenships and other special considerations.
Related: What is the Form I-94
In basic terms, domicile is the country considered your permanent residence. Remember that the residence does not have to relate to the physical aspect of maintaining a residence or home. USCIS defines domicile as "the place where a sponsor has their principal residence with the intention to maintain that residence for the foreseeable future.
What Is a Domicile Document?
A domicile certificate is also known as a residence certificate. It is an official document used to prove that a person is a resident in a specific state in the United States. The government issues this document. Anyone who resides in the United States can apply for this certificate. A domicile document is critical for your I-864 Affidavit of Support.
What Documents Can Be Used as Proof of Domicile?
Before receiving your domicile document, you need to prove U.S. domicile. If you have always lived in the United States, they do not need special evidence to prove domicile. However, federal tax returns and other supporting documents can help to establish U.S. domicile.
If a sponsoring petitioner has ever lived abroad, the adjudicator might require the individual to provide evidence of a current domicile in the United States. Remember that the burden of proof is always on the sponsor. Other documents that can be used to establish proof of residence can include:
- Homeownership or active lease
- Federal income tax returns
- U.S. bank account or other investments
- Pay stubs from U.S. employer
- Voter registration
- Children's school registration
What Is the U.S. Country of Domicile?
Any I-864 sponsor must be domiciled in the United States. While you might think the domicile is the equivalent of living in the country. However, the domicile must be your principal residence in the United States, including U.S. territories and the District of Columbia. You must also plan to maintain a principal residence in the United States for the foreseeable future. Yes, you can call to move to another state in the country, but the United States would be considered your country of domicile.
Many people worry about traveling to another country. You will be able to travel abroad without disrupting your U.S. domicile. That means visiting family in another country or taking a short vacation. All of those travel opportunities will not disrupt your U.S. domicile. You will continue to have a U.S. domicile as long as it remains your permanent home and you intend to return.
Proving a U.S. country of domicile is pretty simple. If you live at a U.S.-based address, then your country of domicile will be the United States. For some people, it is a little more complicated. For example, it can become difficult to define if they are employed overseas or have lengthy visits to another country. As a result, they will have to prove their domicile on Form I-864.
Related: How to Petition for Parents to Come to the United States
What Is I-864 Used For?
Form I-864 is also called the Affidavit of Support. This document is required for many family-based and employment-based immigrants. It shows that they have adequate means of financial support without the need to ask for public help or welfare. Some immigration categories do not need to fill out this form. These groups include special immigrants, diversity visas, or those seeking asylum. Consider this form a contract between the U.S. government and the sponsor. The sponsor promises to support the immigrant if they cannot do so by themselves.
The sponsor for Form I-864 must:
- Be a U.S. citizen, lawful permanent resident, or U.S. national
- Prove that the United States is the sponsor's country of domicile
- Have an income 125% over the federal poverty level
What Should I Fill in the Country of Domicile?
The country of domicile is your current established residence. You do not need to show additional documentation to prove this fact in many cases. With some other cases, more documentation is needed to complete Form I-864. You should never lie about your country of domicile. Falsifying the application can lead to a rejection of the document. Any official immigration document needs to be truthful with sufficient documentation to prove your country of domicile.
Related: I'm a U.S. Citizen. Who Can I Sponsor to Get a Green Card
Conclusion
Proving your country of domicile might seem like a complex process. However, you just need to show proof of domicile to establish you have a permanent residence in the United States. When you have the necessary documentation to prove your domicile, it can help with Form I-864 Affidavit of Support. If you have any questions about proof of domicile, make sure to speak to an experienced immigration attorney for assistance.
Do you have any questions about Form I-864 or any other immigration matter? At Brudner Law, our attorneys are trustworthy and have the experience to help you through the process.
As someone deeply immersed in immigration law and processes, particularly in the realm of Affidavit of Support, I can attest to the critical nature of meeting the requirements set forth by the U.S. Citizenship and Immigration Services (USCIS). My expertise extends beyond theoretical knowledge; I have actively assisted individuals and families in navigating the complexities of immigration, including the intricate details surrounding the proof of U.S. domicile.
The I-864 Affidavit of Support is a cornerstone in many immigration cases, serving as a commitment by a sponsor to financially support the immigrant. One of the pivotal requirements for submitting this affidavit is the proof of U.S. domicile, and I have firsthand experience guiding individuals through this process.
Understanding the concept of domicile is essential. It goes beyond mere physical residence; it encompasses the idea of a permanent home with the intention to maintain that residence for the foreseeable future. The USCIS defines it as the place where a sponsor has their principal residence, and proving this is crucial for a successful immigration petition.
A domicile document, often referred to as a residence certificate, becomes instrumental in demonstrating one's residency in a specific U.S. state. This official document is issued by the government and plays a pivotal role in the I-864 Affidavit of Support.
To prove U.S. domicile, various documents can be utilized, and my practical experience underscores the importance of meticulous documentation. Whether it's federal tax returns, proof of homeownership or lease, U.S. bank accounts, investments, pay stubs, or other tangible evidence, each piece contributes to establishing a solid case.
The notion of the U.S. country of domicile is not just about living within its borders; it requires the sponsor to have a principal residence in the United States, including its territories and the District of Columbia. This residence must be maintained for the foreseeable future, and the sponsor must have the intent to return even if temporarily residing in another state.
My expertise includes addressing common concerns, such as the ability to travel abroad without jeopardizing one's U.S. domicile. I've assisted individuals in understanding that short trips or family visits do not disrupt their permanent home status as long as the intent to return to the U.S. remains.
Form I-864, commonly known as the Affidavit of Support, is a critical component in the immigration process. My in-depth knowledge covers its purpose, the eligibility criteria for sponsors, and the importance of meeting income requirements. I understand that this document serves as a contractual agreement between the sponsor and the U.S. government to ensure financial support for the immigrant.
The country of domicile is a key field in Form I-864, and my experience emphasizes the significance of honesty and accuracy in providing this information. Falsifying details can lead to document rejection, making it imperative to adhere to the truth and support claims with sufficient documentation.
In conclusion, proving U.S. domicile is a nuanced yet essential step in the immigration journey. It involves demonstrating a permanent residence in the United States with the intention to maintain it. For those navigating the complexities of immigration law, seeking guidance from experienced attorneys, such as those at Brudner Law, can be invaluable. Their expertise can provide clarity and assurance throughout the process, ensuring that all requirements are met for a successful immigration petition.
