IMMIGRANT VISAS

Domicile for Immigrant Visa Sponsors

The issue of domicile is a difficult one for immigrant visa petitioners/sponsors. Section 213A of the Immigration and Nationality Act requires that the petitioner, or relative with significant ownership interest in the case of employment-based petitions, be domiciled in the United States or its territories and possessions. The country of domicile is the country where you maintain your principal residence and where you plan to reside for the foreseeable future. In order to file an I-864 Affidavit of Support, your country of domicile must be the United States.

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained ties to the United States. You can show this by providing proof of your voting record in the United States, proof you pay State and Federal taxes in the United States, proof you have property in the United States, proof you maintain bank or investment accounts in the United States, or proof you have a permanent mailing address in the United States or proof you are employed in the United States.

Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by:

a. The U.S. Government.

b. A U.S. research institution recognized by the Attorney General.

c. 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

d. A public international organization in which the United States participates by treaty or statute

e. A public international organization which is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States

f. A public international organization which 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.

If you are temporarily residing overseas but are domiciled in the United States, please attach proof as described above.