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How do you establish that a petitioner is domiciled in the usa? Is an intention to domicile adequate? HOW would we prove that?

Bend, OR |

Peitioner has not lived in the usa for 5 years because he had to move away to be with me.

Attorney Answers 3

Posted

Oregon ID/DL ... apartment lease, or property ownership ... firm employment ... are just a few ways to show the re-establishment of domicile.

Talk to an attorney in private to explore other types of evidence.

Consultations by Skype are available ... so you need not travel to 'meet' with an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Asker

Posted

Something like a lease is good, in theory, but that will mean he has to move back home without me for up to 12 months whilst my application is processed??

F. J. Capriotti III

F. J. Capriotti III

Posted

He can get a lease w/o moving to the US. Again, talk to an attorney before running around doing things that won't help.

Posted

I agree with my colleague.

The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-227-0965. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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Posted

So you want to prove that the petitioner is domiciled in the U.S., when the petitioner is actually not domiciled in the U.S.? That is not something I would recommend because it sounds like you want to prove something that is not true. Be careful of what you present to USCIS in this regard; fraud can have future prejudicial repercussions for you and the petitioner. You and the petitioner should talk to a U.S. immigration lawyer to explore your options.

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Asker

Posted

No, I was asking whether an intention to domicile is adequate to satisfy the domicility requirement. We live internationally currently but we have a bond fide intention to domicile in the USA. The problem is, we can't domicile there until I am allowed to enter the country. My husband and I have discussed separating and he going home to buy a house etc, but we are hesitant to risk a year apart.. We want to start our life together, together, and not apart.

Asker

Posted

But we are definitely not trying to prove something that isn't true.

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