Question on proof of domicile

[tissue88]

Hi Everyone,

My husband is a US citizen who's been living with me in Beijing for the past 6 years. He was actually assigned by his company in US to establish an office here. He had filed DCF I-130 for me this March and the petition had been approved. I'll attend my interview the end of June. My worry is over my husband acting as my affidavit sponsor, and proving domicile or intent to re-establish domicile. Is it that he's working for a US company good enough to prove his domicile?
We have joint accounts in a US bank and a financial institution. We also stated his mother's address as our residence. In addition, we did file US federal taxes even after we left US. That' all we have.
Are there anything else I need to do? Any advice would be much appreciated.

Regards.

[Randy W]

A domicile is basically a place where you can hang your hat, sleep, and receive your mail when you return to the U.S. An actual job to come back to is a BIG plus.

 

Sounds like you have it covered, better than most DCF'er's. An employment letter reflecting the U.S. employment is a good idea.

 

Good luck

[Beachey]

Hi Everyone,

 

My husband is a US citizen who's been living with me in Beijing for the past 6 years. He was actually assigned by his company in US to establish an office here. He had filed DCF I-130 for me this March and the petition had been approved. I'll attend my interview the end of June. My worry is over my husband acting as my affidavit sponsor, and proving domicile or intent to re-establish domicile. Is it that he's working for a US company good enough to prove his domicile?

We have joint accounts in a US bank and a financial institution. We also stated his mother's address as our residence. In addition, we did file US federal taxes even after we left US. That' all we have.

Are there anything else I need to do? Any advice would be much appreciated.

 

Regards.

 

I DCF'd for my wife while on an expat assignment for a US company. Domicile in the US was never an issue in our case. I signed an expat agreement with my company that actually outlined the length of assignment. If your husband has something similar that would be great evidence. However, I suspect domicile will not be an issue for you just with the evidence you have.

[tissue88]

Yes, I already got a letter from the company. But the letter said my husband has to stay in Beijing for 2 more years. I wonder that'll cause any problem.

Do I need a letter from my mother-in-law stating that we can stay at her place once we are back?

 

Thanks in advance.

[dnoblett]

The question is what exactly is the plan?

 

Husband staying in China 2 more years?

 

Are you planing on moving to the USA permanently on this immigrations visa, or just a visit and getting the immigrations visa because you have been denied a non-immigrant B2 visa?

 

Keep in mind, trying to maintain US Residency status while not living in the US can be problematic.

 

As for domicile, having mail, bills, bank statements, a valid driver's license showing mother in law's address should be enough to show domicile.

[tissue88]

Well, my case is kind of complicated. Frankly I had green card before. But it got expired and that's why I need to re-apply it again (long story....) Due to that reason, I'm bit of worried about the domicile issue.

By the way, does anyone learn about applying naturalization under 319( b )? I read through the instructions. It seems to allow a green card holder to apply US citizenship without meeting the residency requirements. I wonder if anyone does it successfully. Of course, other requirements have to be met.

Edited June 16, 2012 by dnoblett
Removed the b) smiley (see edit history)

[Randy W]

Well, my case is kind of complicated. Frankly I had green card before. But it got expired and that's why I need to re-apply it again (long story....) Due to that reason, I'm bit of worried about the domicile issue.

By the way, does anyone learn about applying naturalization under 319( B)? I read through the instructions. It seems to allow a green card holder to apply US citizenship without meeting the residency requirements. I wonder if anyone does it successfully. Of course, other requirements have to be met.

 

 

if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, . . .

 

The residency requirement is 3 years for the spouse of an American citizen. Yes, several spouses of members of this board have done it successfully.

[tissue88]

That's true for INA 319 (a ). But please also read INA 319 (b ).

 

Expedited Naturalization is available to certain spouses of US citizens who are working outside of the US. INA 319(b ) allows for qualifying permanent residents to immediately gain citizenship by taking the oath of naturalization while in the US.

 

http://athens.usembassy.gov/citizenship_naturalization.html

[dnoblett]

My wife applied for citizenship and became a citizen in less than 5 years, it is not a problem.

 

Note you need to be continuously resident in the USA, so the time from prior green-card does not count, will start over at the time you enter the USA on the new visa.

[Randy W]

That's true for INA 319 (a ). But please also read INA 319 (b ).

 

Expedited Naturalization is available to certain spouses of US citizens who are working outside of the US. INA 319(b ) allows for qualifying permanent residents to immediately gain citizenship by taking the oath of naturalization while in the US.

 

http://athens.usemba...ralization.html

 

 

Yes it does - as far as I see in what you've said, you don't fit in that category. I think you're missing the 'AND's there

 

( b ) Any person,

 

(1) whose spouse is

 

( A ) a citizen of the United States,

 

( B ) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

 

Does your husband work for the U.S. government?

[dnoblett]

Randy,

 

I think a couple things also need to be in place.

 

1) An N-470 probably needed to be filed prior to leaving the USA to preserve residency for naturalization.

2) An I-131 needed to be filed for a re-entry permit for period of absence longer than 1 year

3) Kept the first Green-Card valid.

 

http://www.uscis.gov...00045f3d6a1RCRD

Edited June 16, 2012 by dnoblett (see edit history)

[tissue88]

Well, well.. I think it's too early to think about citizenship. Still need to get pass my interview first.

 

But just in case anyone who is interested to know more. Here is another piece of info. (http://www.uscis.gov/files/article/chapter4.pdf)

[tissue88]

By the way, this is interesting:

 

Quote:

 

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;

• An employee or an individual under contract to the U.S. Government;

• An employee of an American institution of research recognized by the Attorney General;

• An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;

• An employee of a public international organization of which the United States is a member by law or treaty; or

• A person who performs ministerial or priestly functions for a religious denomination or an interdenominational

organization with a valid presence in the United States

and You will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will

continue for at least 1 year after the date you will be naturalized. Form N-400 should be filed prior to departing.

 

In that situation, PR requirement is "You must be a Permanent Resident at the time of your USCIS interview." and continuous residency is "not required". Do that mean I'm eligible?

[dnoblett]

Again, the N-470 would have been needed to be filed prior to leaving the USA to preserve the status for naturalization. You lost that status at 6 months out of the USA, and bu giving up the first green-card.

 

Study the N-470 directions it explains, that this needed to be filed before leaving, as well as the I-131 needed to be filed for a re-entry permit for the longer than 1 year, and less than 2 year period of absence from the USA. This makes more sense in cases where you are close to 3 years of residency prior to leaving the USA.

 

http://www.uscis.gov/files/form/n-470instr.pdf

 

Also if this were done, the residency clock stops while out of the USA and then continues after returning. So if you had 1 year residency before leaving, would have to reside 2+ years after returning.

 

You probably will need to start over.

[Randy W]

By the way, this is interesting:

 

Quote:

 

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;

• An employee or an individual under contract to the U.S. Government;

• An employee of an American institution of research recognized by the Attorney General;

• An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;

• An employee of a public international organization of which the United States is a member by law or treaty; or

• A person who performs ministerial or priestly functions for a religious denomination or an interdenominational

organization with a valid presence in the United States

and You will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will

continue for at least 1 year after the date you will be naturalized. Form N-400 should be filed prior to departing.

 

In that situation, PR requirement is "You must be a Permanent Resident at the time of your USCIS interview." and continuous residency is "not required". Do that mean I'm eligible?

 

This would be for an employee of a contractor to the United States government.

 

Dan - no, it's for (some) military or other government-related personnel stationed overseas. The residency requirements are waived or allowed to be satisfied while overseas

 

who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

 

 

Some of the cases in 319( b ) allow for the time overseas to be counted toward the residency requirement, others waive it entirely. For military spouses, they can even be naturalized overseas

(e) (1) 3/ In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection ( a ) and section 316( a ) , as residence and physical presence in--

 

 

(A ) the United States; and

 

 

( B ) any State or district of the Department of Homeland Security in the United States.

 

 

(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d ) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a ).