When sponsoring a family member for a U.S. green card, it's essential to demonstrate that the intending immigrant will not become a public charge. This is typically achieved by submitting Form I-864, Affidavit of Support. A critical component of this form is the sponsor's proof of domicile in the United States. But what exactly does "domicile" mean, and how can you establish it?
The Meaning of Domicile on Form I-864
Establishing Proof of U.S. Domicile on Form I-864
Proof of Domicile for Sponsors Living Abroad Temporarily
Sponsors Employed Abroad May Have Maintained Domicile
U.S. Citizens Living Abroad May Need to Reestablish Domicile
Filing Form I-864 When Proof of Domicile Isn’t Straightforward
How CitizenPath Can Assist
The Meaning of Domicile on Form I-864
Domicile refers to the place where you have your permanent home and to which you intend to return after any temporary absence. For Form I-864 purposes, your principal residence must be in the United States, including the District of Columbia and U.S. territories, with plans to maintain it for the foreseeable future. Moving within the U.S. doesn't affect your domicile; however, extended stays abroad can complicate this determination.
Establishing Proof of U.S. Domicile on Form I-864
For the typical sponsor who has always lived in the United States, no special evidence is required to prove domicile. If necessary, you may need to use federal tax returns and other supporting documents to prove 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 to establish evidence of domicile include but are not limited to:
- Federal income tax returns
- Home ownership or active lease with evidence of maintaining home
- U.S. bank account or other investments
- Pay stubs from U.S. employer
- Registering to vote (if a U.S. citizen only)
- Children’s registration in school
Sponsors Who Are 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 be with family members, business or other reasons. But “living” abroad or extensive trips can create additional problems for permanent residents.
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 bank or investment accounts in the United States;
- Having a permanent mailing address in the United States; or
- Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.
Additional evidence that ties to the U.S. were maintained could include receipts for storage facilities in the U.S., subscriptions or contributions to 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, and even relevant correspondence with institutions, colleagues, family, and friends that communicates your intentions to return to the United States.
Sponsors Employed Abroad May Have Maintained Domicile
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);
- An American institution of research recognized by the Secretary of Homeland Security (see list of qualifying institutions);
- A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and 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 bona 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; or
- A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary.
U.S. Citizens Living Abroad May Need to Reestablish Domicile
But what if you live abroad and don’t work for a qualifying employer and can’t submit proof of U.S. domicile? Certain individuals may act as I-864 sponsors if they intend in good faith to reestablish domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.
You must submit evidence that you’ve taken steps to establish domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Examples of acceptable evidence include a written job offer (and acceptance) from an employer in the United States, signing a lease or purchasing a residence in the United States, or enrolling children in U.S. schools. Closing foreign accounts and opening of accounts with U.S. institutions helps to support your claim to U.S. domicile.
Filing Form I-864 When Proof of Domicile Isn’t Straightforward
For individuals without a clearly established U.S. domicile, filing Form I-864, Affidavit of Support, can feel more challenging. However, most people can successfully file on their own, even if they need to reestablish domicile. If you live abroad but claim a U.S. domicile, you must include a written explanation and supporting documents with your Form I-864. You’ll need to show that you are either employed abroad by specific U.S.-affiliated organizations or that your time outside the United States is temporary. When submitting your form, ensure that you’ve provided strong evidence of your U.S. domicile or your clear intent to reestablish it.
How CitizenPath Can Assist
Form I-864 is one of most common ways to receive a Request for Evidence from USCIS. We want you to avoid that. Using CitizenPath's service to prepare the Affidavit of Support can help you prepare correctly and submit the appropriate supporting documents.
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Immigrant Visa Petition Package (Form I-130), Affidavit of Support Package (Form I-864), and several other immigration services.
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