Proof of U.S. domicile is one of the requirements for a successful I-864 Affidavit of Support submission. If you are unable to provide proof of U.S. domicile, you may be rejected as a petitioner for a green card. We will explain and explore examples of proof of U.S. domicile and the documents required to establish it.
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What is Proof of U.S. Domicile?
USCIS defines the word domicile as “the person’s true, fixed, principal, and permanent home, to which that person intends to return and remain even though currently residing elsewhere.” Typically, a person’s residence is the same as the person’s domicile, and they have the intention to maintain that residence for the foreseeable future.
To qualify as a financial sponsor for a family-based green card petition, the petitioner must prove U.S. domicile. This means the petitioner either:
- Currently lives in the U.S., or
- Is temporarily living abroad, but can demonstrate an intent to establish or reestablish a permanent U.S. residence before the intending immigrant arrives.
How to Prove U.S. Domicile to the National Visa Center
Green Card petitioners can provide proof of their U.S. domicile or intent to establish domicile to the National Visa Center by uploading and submitting evidence on the Department of State CEAC portal in the Additional Affidavit of Support (AOS) Supporting Documentation section. The portal requires the NVC Case ID and Invoice ID.
The NVC will review your proof before forwarding the case to the U.S. consulate or embassy for scheduling an interview.
The criteria for establishing a domicile in the United States include:
- Sponsor is abroad for a temporary (not definite) period of time to work
- The sponsor intends to keep a domicile in the U.S.
- Sponsor maintains ties to the U.S.
Suppose the sponsor is not currently residing in the United States or has not in the past two years. In that case, they may need to submit evidence to the National Visa Center (NVC) demonstrating that their stay outside the U.S. is temporary or that they are taking steps to re-establish domicile in the U.S. before their family member immigrates to the U.S.
Proof of Domicile Documents
The following are proof of domicile documents that petitioners can submit if they aren’t currently residing in the U.S. The first list highlights proof of maintaining an existing U.S. domicile while temporarily abroad, while the second highlights proof of reestablishing or creating domicile before or at the same time as the immigrant’s admission.
Documents to Show Maintained Domicile
- A voting record in the United States, or a copy of voter registration in a U.S. state or territory showing you are registered to vote.
- 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
- Other proof such as evidence that the sponsor is a student studying abroad or that a foreign government has authorized a temporary stay
Documents to Establish or Reestablish Domicile
- Opening a bank account
- Transferring funds to the United States
- Making investments in the United States
- Seeking employment in the United States
- Securing a residence in the United States, such as a lease or mortgage.
- Registering children in U.S. schools
- Applying for a Social Security number
- Voting in local, State, or Federal elections
If the NVC is not satisfied with the documentation provided, then the sponsor will be requested to present additional proof of domicile directly to the consular officer during the immigrant visa interview.
The following are acceptable work conditions that can still meet the domicile requirements:
- The sponsor is currently living in a foreign country (temporarily) but still has a domicile in the U.S.
- Sponsor plans to set up a domicile in the U.S. by the time the immigrant is admitted to the U.S.
- Evidence of this can include securing a home in the U.S., registering children to school in the U.S., opening a bank account, looking for work in the U.S., transferring money to the U.S., applying for a Social Security Number, voting in elections in the U.S., etc.
- Sponsor is employed in a foreign country temporarily by either:
- U.S. government
- U.S. institution of research (recognized by the Secretary of Homeland Security)
- U.S. company or subsidiary working in the development of foreign trade and commerce with the U.S.
- A public international organization that the U.S. participates in by treaty/statute
- Religious denomination/group with an organization in the U.S.
- Religious denomination/group as a missionary or by an interdenominational mission organization within the U.S.
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How to prove your stay abroad was temporary or reestablish domicile?
While things like bank accounts, a U.S. driver’s license, and voter registration are helpful, USCIS and the NVC typically want to see affirmative steps toward returning to the U.S., such as:
- Job applications or a job offer in the U.S.
- Housing arrangements (lease, mortgage, or living with family)
- Planned return travel
- Statements of intent to return with a timeline
- Transferring funds or possessions back to the U.S.
- Documentation showing that the sponsor is studying overseas
There are certain types of employment abroad that would still qualify as maintaining U.S. domicile. If you are a U.S. citizen living or stationed abroad for any of the following, you may still be considered domiciled in the United States:
- The U.S. government
- A U.S. institution or research recognized by DHS
- U.S. firms engaged in the development of foreign trade and commerce with the U.S.
- Public internationalorganziation
- A missionary of a religious denomination within the U.S.
In these scenarios, your overseas employment is viewed as temporary.
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U.S. Domicile Frequently Asked Questions
How can a petitioner prove domicile in the United States?
Ways you can show you are attempting to establish/reestablish a domicile in the United States include proof that you have opened a U.S. bank account, transferred funds to the United States, made investments in the United States, sought employment in the United States, secured a lease or mortgage (residence) in the United States, registered children in U.S. schools, applyied for a Social Security number, or vote in local, State, or Federal elections.
Who is required to meet the domicile requirement?
Any U.S. citizen or legal permanent resident who wants to sponsor a spouse or family member in the United States for a marriage or family-based green card must meet the domicile requirements.
What is the domicile certifcate?
A domicile certificate proves permanent residence of a person in India, and this is not applicable for U.S. citizens.
Is domicile the same as permanent address?
Yes, your domicile is your permanent address. However, if you live abroad, you can still establish domicile in the United States for green card sponsorship purposes.
Does a financial sponsor need domicile?
Yes, the sponsor must have domicile in the United States or be in the process of re-establishing domicile, and must be at least 18 years old and either a U.S. citizen or a green card holder.
Do you need a U.S. domiciled bank account?
As a U.S. citizen or Lawful permanent resident, it is recommended that you have a bank account to help demonstrate ties to the U.S.; however, it is not the only way to prove domicile in the U.S.
If the visa applicant will have relatives following them to the U.S., do they need individual Affidavits of Support and supporting evidence?
The relatives who come to the U.S. after the principal applicant can resubmit the scanned copy of the principal's Affidavit of Support, along with the necessary accompanying documents. If the family members have separate petitions, then they should submit a signed Affidavit of Support (with supporting documentation from the petitioner/sponsor) and also Form I-864A with documentation from the joint sponsor if there is one.
What is the easiest state to establish domicile in?
Florida and South Dakota are the easiest states to establish residency, as there are minimal physical presence requirements before you can establish residency.