Domicile is a hot topic that officers are adjudicating very stringently when you go for your green card interview at the US Embassy.
We see many cases that are denied because of domicile issues; specifically consular officers denying for lack of sufficient evidence to prove domicile. For all immigrant visas, consular processing, the consulate will request to see strong evidence of domicile. Without evidence of domicile the consulate will not approve your green card.
What does domicile mean:
It is the place of residence where a sponsor or petitioner (US Citizen) has their principal residence in the United States. This is where you have your fixed abode. This is where you live with the intention of maintaining that residence for the foreseeable future.
Domicile means a U.S. citizen living abroad whose employment meets the requirements of INA 319(b)(1) is domiciled in the United States.
Evidence such as filing your IRS tax returns does not establish domicile. The consular officer will want to see how you are maintaining your U.S. domicile. They will want to see how you have established your U.S. domicile. For example, what steps have you taken to establish domicile in the United States?
Merely having evidence that you voted in an election in and of itself does not support that you have established U.S. domicile. There is no timeframe for the resident to establish residence, but the officer must be satisfied that the sponsor or petitioner has, in fact, taken up principal residence in the United States.
Evidence that the USC petitioner/sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:
• US bank accounts: We see cases where an officer has denied domicile on based U.S. bank account evidence. Showing a statement in and of itself does not support domicile. Apart from other evidence being required, consular officers, when they look at bank statements in the United States, are looking for the transactional history as well. It is not enough to say you are domiciled by showing them a lump sum of money in a U.S. bank account and there is no activity going on.
• Officers when adjudicating domicile want to see, for example, have you transferred funds? Is there activity in your bank account? Are you purchasing things?
Domicile is complex, and it has really become important since the Trump administration. Consular officers will request domicile evidence for all green card applications.
Schedule a consultation with Caro and she will advise you based on your evidence whether domicile evidence is sufficient and/or listen to our audio to learn more information and the types of specific evidence and how to present it to an officer on the day of your interview.