Establishing proof of USA domicile is critical for U.S. citizens who sponsor their foreign spouse for a family-based immigrant visa (spouse visa). It demonstrates that the sponsoring U.S. citizen resides in the United States or intends to reestablish residence in the U.S. before or upon the immigrant’s arrival.
This requirement ensures that the sponsor has sufficient ties to the U.S. and plans to provide a stable environment for the immigrant spouse.
When is Proof of Domicile Required?
Proof of domicile is required when the sponsoring U.S. citizen has been living outside the United States but wants to sponsor their spouse for immigration. The sponsor must show they meet the USA domicile requirement as part of the visa application process.
What Documents Can Prove Domicile?
To establish proof of domicile, the sponsor can submit the following documents:
1. Evidence of Current or Planned U.S. Residence
- U.S. Address Documentation:
- Lease or rental agreements.
- Property ownership documents (e.g., deed, mortgage statements).
- Utility Bills or Service Contracts:
- Electricity, water, or internet bills in the sponsor’s name.
- U.S. Bank Accounts:
- Statements showing active use of U.S.-based accounts.
2. Evidence of Employment or Financial Ties in the U.S.
- U.S. job offer letters or employment contracts.
- Proof of job search.
- Pay stubs from U.S. employment.
- Tax returns filed with the IRS.
3. U.S. Government or Legal Documents
- Voter registration card for a U.S. address.
- Valid U.S. driver’s license or state-issued ID showing U.S. residence.
- Active enrollment in a U.S. school or educational institution.
4. Travel Plans or Commitments
- Proof of upcoming travel to the U.S. (e.g. plane tickets).
- Shipping or moving receipts for household goods being sent to the U.S.
5. Affidavits
- A sworn statement explaining the sponsor’s intent to reestablish U.S. domicile, supported by other evidence.
How to Prove Domicile While Living Abroad
If you, the sponsor, live outside the USA, you must show a clear intent to return such as:
- Securing a U.S. job offer or making living arrangements in the USA.
- Updating legal documents to reflect a U.S. address.
- Closing overseas accounts or services.
Example:
- A U.S. citizen living in Canada with their spouse must show evidence (e.g., U.S. address, job offer) that they intend to return to the U.S. to meet domicile requirements.
Patrick, a U.S. citizen, currently lives in Canada with his spouse, Emily, who is applying for a U.S. immigrant visa. To meet the U.S. domicile requirement, Patrick must prove that he has maintained or will reestablish his residence in the United States before Emily’s immigration process is finalized.
Exceptions to the Domicile Requirement
In some cases, such as for sponsors working abroad on behalf of the U.S. government, military, or certain international organizations, proof of domicile may not be required.
Need Help Proving Domicile Requirements?
Why Work With Us?
At YA Law, our USA Vancouver Immigration lawyer specializes in helping USA citizens living abroad meet domicile requirements for spousal sponsorship and help you meet every requirement for your spouse’s visa application.
Ready to start your journey?
📞 Call us at 604-620-9598 or 📧 admin@yalaw.ca