How to re-establish domicile plzzz advise!

Hi
Regarding the immigraion (i-130) and domicile laws as applied to Virginia, my question is if a naturalized citizen has not maintained her domicile due long absence for family and education considerations, what credible steps should be taken by the citizen to show intent to re-establish domicile (to sponsor i-864 affidevit of support) if the citizen needs to continue education outside the US for a year or two after sponsoring her spouse.

Secondly would such a citizen who re-establishes domicile be eligible to sponsor their spouse only on basis of assets, having no income tax returns for past 3 years.

Thanx

dr_me said:

Hi
Regarding the immigraion (i-130) and domicile laws as applied to Virginia, my question is if a naturalized citizen has not maintained her domicile due long absence for family and education considerations, what credible steps should be taken by the citizen to show intent to re-establish domicile (to sponsor i-864 affidevit of support) if the citizen needs to continue education outside the US for a year or two after sponsoring her spouse.

Secondly would such a citizen who re-establishes domicile be eligible to sponsor their spouse only on basis of assets, having no income tax returns for past 3 years.

Thanx

Click to expand...

The be considered a sponsor for the I-864 (or a joint sponsor), the USC or LPR must be resident in the US. If you will be attending school overseas, you are not eligible as I see it. If you have not maintained any ties to the US, it will be difficult to say 'oh, but I really live there'. I remember you asking about this before.

As to your second Q, you will still need tax returns, or a truthful reason why you were not required to file under IRS rules for each of the past 3 years. You may use assets only (I did), but I recommend that you pay for a face-to-face with an attorney to find out about the domicile issue. In years and years, I've never read of a case where a non-resident USC was able to be the sponsor (and I do keep an eye out for these types of cases).