Domicile - Definition
"Domicile" refers to your primary and permanent residence, which, for immigration and taxation purposes, is the country where you have the intention to live long-term. It is not just where you live at the moment, but where you consider your permanent home.
If you are sponsoring a relative, such as a spouse, for a green card, you must prove that the United States is your permanent residence. This guide provides you with the steps to demonstrate your U.S. domicile status when completing Form I-864, also known as the Affidavit of Support.
What Does It Mean to Establish Domicile?
When submitting Form I-864, the U.S. citizen or permanent resident sponsor must prove they have a domicile in the United States or one of its territories. If you have been living outside the U.S., you will need to provide evidence that your ties to the U.S. are still strong and that you plan to re-establish your domicile upon your return. Under certain circumstances, if you have been employed by a U.S.-based organization abroad, you may still qualify to claim U.S. domicile.
Why is the Proof of Domicile Necessary?
Anyone sponsoring a family-based green card applicant must show that they are domiciled in the U.S.
If you have resided outside the United States within the last two years, you may be asked by the National Visa Center (NVC) or the U.S. embassy or consulate where you apply to demonstrate that your stay abroad was temporary and that you plan to return to the U.S. This can involve showing concrete plans for re-establishing your domicile either before or when the green card applicant arrives.
How to Prove U.S. Domicile?
Even if you and your spouse or relative have been living abroad, you can still fulfill the domicile requirement if you can show that:
Your time living overseas is temporary, and your primary residence remains in the United States.
You have plans to return to the U.S. and establish domicile either before or at the same time as the green card applicant arrives.
You have been employed by U.S.-based organizations, such as the U.S. government or an American institution abroad.
When submitting Form I-864 to the National Visa Center, provide any supporting documents that can verify your domicile. Alternatively, you can present this evidence during the green card interview for the consular officer's review.
Showing Intent to Re-establish Domicile in the U.S.
If you are outside the U.S. during your green card application, and cannot claim current domicile, you must provide evidence of your intent to return to the U.S. and establish domicile. This can occur either before or on the same day the applicant arrives, but not after. Some evidence you can provide includes:
Opening a U.S. bank account or transferring funds to a U.S. account
Finding employment in the U.S.
Trying to rent or purchase a home in the U.S.
Registering your children in U.S. schools
Applying for a Social Security number
Participating in U.S. elections (voting)
Claiming U.S. Domicile While Living Abroad
Certain U.S. citizens working temporarily overseas can still maintain U.S. domicile, particularly if they are employed by recognized U.S. entities, such as:
The U.S. government
U.S.-affiliated research institutions
U.S. firms engaged in international trade
Public international organizations that the U.S. is a part of by treaty or statute
Religious or missionary organizations based in the U.S.
Conclusion:
Proving domicile is an important part of applying for a green card when you’re sponsoring a family member. Whether you live in the U.S. or abroad, you need to show that the U.S. is your permanent home. You can do this by providing documents like tax records, owning property, or showing that you work for a U.S.-based company.
If you’ve been living outside the U.S., you need to show that your stay was temporary and that you plan to return to the U.S. to live permanently. Proof of domicile is not just about where you live now, but about showing your long-term connection to the U.S. By following the requirements and submitting the right documents, you can make sure your green card application is complete and accurate.
