U.S. citizens or lawful permanent residents (green card holders) who seek to sponsor a relative or spouse in the United States must understand the subtle but important distinction between their “domicile” and their “residence” when filing Form I-864, Affidavit of Support.
This article discusses the difference between domicile and residence in this context, and how sponsors can establish and prove their domicile for Form I-864.
What is the Affidavit of Support (Form I-864)?
The Affidavit of Support, known as Form I-864, is a United States immigration form that a sponsor must sign when agreeing to take financial responsibility for an applicant immigrating to the United States. Usually, the sponsor is the same person who petitions for an immigrant visa on behalf of the applicant seeking to immigrate to the United States.
For Form I-864 to be approved, the sponsor must show that they meet certain requirements, including the age of at least 18, income equal to or higher than 125% of the U.S. poverty level for the sponsor’s household size, and domicile in the United States.
Form I-864 must be accompanied by required documentation, including proof of the sponsor’s current employment and his or her most recent U.S. federal income tax return. This information is necessary to show the sponsor meets all age, income, and domicile requirements and so that the immigrant visa application can be approved.
What Does “Domicile” and “Residence” Mean?
“How Domicile is Defined”
When the United States Citizenship and Immigration Services (USCIS) talks about a person’s “domicile,” they are referring to the place where someone has their true, permanent home base. This is the main place they consider their home, where they plan to stay for the long term, even if they are living somewhere else for the time being.
This shows that a person can have their residence (where they live at the moment) and their domicile (their permanent home) in two different locations. A person can have residences in multiple places but typically has one domicile. Often, where a person resides and where they are domiciled are the same, but not always.
Understanding the difference between domicile and residence becomes crucial when it comes to sponsoring a relative or spouse for immigration to the United States.
The sponsor needs to prove that their domicile is in the U.S. to meet the sponsorship requirements. This is because the concept of domicile revolves around the idea of having a principal place of living, a permanent home where the sponsor intends to keep living indefinitely into the future. Thus, grasping what “residence” means helps clarify the notion of domicile, especially in the context of sponsoring someone to come to the U.S.
“How Residence is Defined”
The USCIS defines residence as the person’s principal actual dwelling place in fact, without regard to intent. Thus, a person may be a resident of more than one country — there is no requirement that they live in a particular place for a specific period for that place to be considered his or her “residence.”
It is important to note that residence in the United States is not the same as being physically present there. Physical presence refers to the actual time a person spends in the United States, regardless of whether or not they are a resident there. However, the longer a person stays in a particular place, the more likely it is that they can establish that place as their residence.
General Requirements for Sponsoring a Relative or Spouse
For an immediate relative or spouse of a U.S. citizen or lawful permanent resident (green card holder) to come to the United States, they must have a sponsor who attests that they will financially support/sponsor their immediate relative or spouse.
Besides having the financial means to sponsor their relative or spouse, a sponsor must be at least 18 years of age and be domiciled in the United States. An individual who fails to establish their domicile in the United States when applying to be a sponsor for his or her relative or spouse will have their Form I-864 denied.
What is the Domicile Requirement?
To fulfill the role of a financial sponsor for a spouse or relative’s immigration to the United States, an individual must meet the specific domicile requirement.
This stipulation mandates that the sponsor’s domicile, or principal and permanent home, is located within any state, territory, or possession of the United States, or in the District of Columbia (Washington D.C.). It’s essential for sponsors who are lawful permanent residents to not only meet this domicile requirement but also to maintain their lawful permanent resident status throughout the sponsorship process.
This requirement ensures that sponsors have a solid and stable connection to the U.S., demonstrating their capacity to support the immigrant they are sponsoring.
How to Prove the Domicile Requirement?
A sponsor can prove they are domiciled in the United States by submitting documentation with Form I-864, including:
- Federal income tax returns;
- Pay stubs or tax documents from United States employers;
- Homeownership or current lease, plus evidence of maintaining residence;
- U.S. bank account information or other investments;
- Children’s registration in school;
- U.S. citizen sponsors who have registered to vote.
Sponsors Who Currently Live Outside the United States
Sponsors do not necessarily have to be currently living in the United States to establish that the United States is where they are domiciled. If the sponsor is not currently living in the United States (e.g. due to employment) the domicile requirement must be proven through the submission of evidence that establishes:
- The sponsor is living abroad temporarily while maintaining a domicile in the United States;
- The sponsor intends to establish in good faith his or her domicile in the United States no later than the date of the intending immigrant’s admission to the United States;
- The sponsor is living temporarily abroad and employed by:
- The U.S. government and stationed abroad;
- A U.S. institution of research recognized by the Secretary of Homeland Security;
- A U.S. firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce;
- A public international organization in which the United States participates by treaty or statute;
- A religious denomination or group having a genuine organization within the United States;
- A religious denomination or group or interdenominational mission organization within the United States as a missionary.
Sponsors who live abroad temporarily can prove they still maintain domicile in the United States by providing documentary evidence, including:
- Proof the sponsor has property in the United States;
- Records of the sponsor paying taxes in the United States;
- Records of the sponsor’s U.S. bank or investment accounts;
- Proof of a permanent mailing address in the United States;
- Records of the sponsor voting in the United States;
- Proof that a temporary stay is authorized by a foreign government;
- Proof that the sponsor is a student studying abroad temporarily.
Sponsors Who Travel
Because domicile is defined as a person’s “true, fixed, principal, and permanent home,” temporary travel outside of the U.S. does not change a person’s domicile. This is particularly true for sponsors who are U.S. citizens traveling abroad.
Sponsors who are lawful permanent residents may run into trouble when traveling abroad because absence from the United States for a long time, such as over a year, may be deemed by the USCIS as evidence that they did not intend to make the United States their permanent home and thus have abandoned their permanent resident status.
Lawful permanent residents who plan to travel outside of the U.S. for longer than one year should file Form I-131, Application for Travel Document before exiting the United States. Doing so helps establish their intent to return to the U.S. and permanently reside there.
FAQs
What is the difference between domicile and residence for Form I-864 affidavit of support?
Domicile refers to your fixed, permanent home where you intend to remain, while residence simply means where you live regardless of plans. For Form I-864, sponsors must prove domicile not just residence. You can be a resident of multiple places but have domicile in only one fixed home location.
How can U.S. citizens abroad prove domicile in America when sponsoring relatives?
Citizens living abroad temporarily can still prove U.S. domicile for sponsoring relatives by showing it’s a short-term stay, they intend to return to America, have property/assets/ties in the U.S., pay U.S. taxes, vote in the U.S., etc. This evidence establishes you still maintain a domicile despite currently residing abroad.
Do lawful permanent residents lose domicile if they travel outside the U.S. for over a year?
Yes, long absences can be seen as abandoning your permanent resident status and U.S. domicile. To maintain domicile, file Form I-131 before trips longer than a year to show you intend to return and keep the U.S. as your permanent home.
Conclusion
Understanding the difference between domicile and residence is essential for U.S. citizens and lawful permanent residents sponsoring a relative’s green card application. While residence refers to where you currently live, domicile is your fixed, permanent home where you intend to remain long-term. For immigration purposes, sponsors must prove their domicile in the U.S. even if they temporarily reside abroad.
Navigating the complexities of domicile requirements can be challenging, but you don’t have to do it alone. For expert guidance and support with your immigration matters, contact us at Khandelwal Law. Our experienced team is here to help you establish your domicile and successfully sponsor your loved ones
Disclaimer:
If any pricing information provided here is for reference only and may fluctuate due to changes in government policy, economic conditions, or other factors. For the most accurate and current USCIS fees, please refer to the relevant government websites or official resources. The attorney fees mentioned are approximate and will depend on the facts and circumstances of each individual case. Fees and costs are subject to change and should not be considered final.
