If you are sponsoring an intending immigrant for a green card on Form I-864, Affidavit of Support, you must have domicile in the United States. Generally, to claim U.S. domicile, you must be living in the United States (to include the District of Columbia and U.S. territories) and plan to maintain a principal residence in the U.S. for the foreseeable future. (Certain individuals living overseas temporarily or who are working for specific types of employers may also be able to claim U.S. domicile.)
Mistakes on your Form I-864 Affidavit of Support can cause costly delays or a denial.
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However, if you are an I-864 sponsor that no longer has domicile in the United States, you must provide evidence that you intend in good faith to reestablish your U.S. domicile no later than the date of the intending immigrant’s admission or adjustment of status. Examples of acceptable documents include:
- A declaration of intent to reestablish U.S. domicile
- Accepting a job in the United States
- Signing a lease or purchasing a residence in the United States
- Registering children in U.S. schools
- Any other documents that prove you have taken steps to establish domicile
RECOMMENDED: Reestablish U.S. Domicile When Filing Form I-864
Sample Declaration of Intent to Reestablish U.S. Domicile
A declaration is a simple statement that you intend in good faith to return to the United States to resume your domicile. Use this sample declaration as a starting point. Do not submit this letter without updating it to fit your specific situation.
While helpful in establishing your intent, the declaration should be supported by concrete evidence of your intentions to reestablish U.S. domicile. Concrete evidence includes documentation of actual activity proving that you are relocating a residence and setting up domicile within the United States. Other examples of evidence are listed above.