What Does “Country of Domicile” Mean?

Many people living in the United States were actually born in other countries. In other words, they have a different country of domicile. The United States had 47 million immigrants in 2015, which is about 19.1% of the total of 244 million immigrants all over the world. All of them had a different country of domicile. But what exactly does country of domicile mean? This article will explain everything to you.

What Is Form I-864?

Form I-864 is a USCIS form which is also known as Affidavit of Support. If you’re an immigrant, this form is very important, as it can prove that you won’t require public charge, thus you will not have to be financially supported by the government. Therefore, you have to prove that you will not have to rely on Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families, (TANF), Medicare, or anything of the sort.

However, you need to be aware of the fact that you cannot be the one completing the form if you’re the immigrant. This form is being completed by the sponsor, and you – as an immigrant – are its beneficiary.

When your sponsor is petitioning the Affidavit of Support, he/she is pretty much certifying that they will be the ones providing you with support. It means you will be supported with money by them in case you are unable to support yourself as an immigrant, so the government will be free of charge.

There are certain people that immigrated to the U.S. and need to have the Affidavit of Support done. These include family-based preference immigrants, who are pretty much either unmarried children under 21 or older or siblings of U.S. citizens. People who are noncitizens and immediate close members of someone who’s a citizen of the United States, like parents, unmarried children under 21 or spouses also need this document.

And lastly, if someone is an employment-based preference immigrant, they will need this petition too. This type of immigrant only needs this form in case a relative of a U.S. national, green card holder or citizen filed a petition for an immigrant visa. It also is required if the family member has at least 5% ownership interest in the person that immigrated.

What Does Country of Domicile Mean?

“Domicile” is a term that refers to the place you have as your permanent home. To be more specific, if you intend to reside in a certain area permanently, it means that the location is your domicile. You have the status of “domiciliary” in this situation.

Depending on where you come from, you are subject to the laws in your country of domicile. This is why you need to know these laws, as your domicile is a legal concept. It’s important when it comes to the country you pay taxes to, vote in, and so on.

I-864 Sponsorship Requirements

To be able to become a sponsor of an Affidavit of Support, there are some things to keep in mind. Basically, you need to be a U.S. national or U.S. citizen. You must be at least 18 years old, and a lawful permanent resident. More than that, it’s essential to be able to prove that you are a domiciliary of the United States and that you earn an income of a minimum of 125% above the federal poverty line.

Bear in mind that if you can’t prove your domicile, you will be unable to qualify as a petitioner for Form I-864 and you cannot become a sponsor. That means that the immigrant will be negatively affected by this, being unable to be admitted to the U.S. or have their adjustment of status approved. Before trying to apply, make sure you can prove the U.S. is your country of domicile.

Country of Domicile Guidelines

As already mentioned, if you want to be able to claim U.S. domicile, then your sponsor for the Form I-864 needs to reside in the U.S. Not to mention that the sponsor must mention that they intend to keep this as their principal residence, and not change it very soon. Of course, that doesn’t mean the sponsor is not allowed to move locations, but the other location still has to be in the United States.

That being said, the sponsor can move from Washington to California if needed, and they will still be able to petition for an immigrant. They’d still maintain their U.S. domicile this way. Concurrently, the sponsor is also allowed to travel outside the U.S., but they cannot make the foreign country their permanent residence. That would mean giving up their domicile in the U.S. so they wouldn’t be able to be a sponsor anymore.

Your country of domicile is in the United States if any of these following statements apply to you:

• You live outside of the country due to having a temporary job, but you still have a home in the United States that you will come back to at the end of the employment.
• You reside and work in the United States of America.
• You happen to live outside of the States, yet you have plans of returning to your U.S. domicile. You must plan on restoring the domicile at a date that is not beyond the date of your beneficiary’s U.S. admission or adjustment of status.

Overseas Employment

There are some citizens and green card holders in the U.S. who have a job abroad, but they still have a domicile in the United States due to the nature of their job. That being said, there are some specific entities or organizations where you may be working and that makes the U.S. your country of domicile.

If you work in the American research institutions recognized by the Secretary of Homeland Security or the government of the United States, you will receive U.S. domicile. Conversely, it also applies if you work at any public international business that the States contribute to by way of a statute or treaty, or if you work in any religious denominations with any genuine institution within the United States. Lastly, if you’re someone employed at any American company or subsidiary of an American company and engaged in commercial development and foreign trade with the States, you will receive the domicile as well.

Proof of U.S. Domicile While Temporarily Living Abroad

If you live abroad temporarily, you need to provide proof of that, especially if you want your country of domicile to be the U.S. You just need to provide evidence of your continued ties to the U.S., and you will be considered a U.S. domiciliary.

Proof of Your U.S. Domicile

There are some things that you can provide as supporting proof of your temporary residence in a foreign country. For example, you must show that you have a property in the United States, or that you have a voting record in the country. Moreover, you should bring any evidence that you paid state or local taxes in the U.S., and that you have a permanent mailing address in the States. If you maintain bank or investment accounts there, you should have proof of that too. They will all help you show that you have a stable domicile in the U.S.

Good Faith Reestablishment of Domicile in the U.S.

There are cases when your sponsor might have not maintained their U.S. domicile. So, when does this sponsor become deemed to get a re-established residence in the U.S.?

Well, the petitioner of the Affidavit of Support needs to perform some steps that will help him make the States his first place to abode. This can be done easily, through methods such as:

• Applying for a Social Security Number
• Finding U.S. employment
• Opening a U.S. bank account
• Locating a place to live
• Voting in local, State or Federal elections
• Transferring funds to/making U.S. investments

Also, the sponsor shouldn’t forget that they also need to give up their residence in the third country. They will also need to provide proof of the steps taken so that they become suitable for petitioning the Affidavit of Support.

Other Circumstances

In some instances, your sponsor can prove that their presence abroad is only temporary. In this situation, they can show that they are still a U.S. domiciliary. Therefore, someone who is currently in a foreign country for teaching, studying or doing anything else that doesn’t meet the requirements of Section 316(b), 317 or 319(b) of the Immigration and Nationality Act, have a domicile in the U.S. They just need to prove that they didn’t relinquish their U.S. domicile.

Conclusion

Country of domicile is the country where you are permanently residing. If you want to sponsor an immigrant who plans on coming to the U.S., then you must be able to prove your domiciliary status. Of course, this is not difficult, not as long as you have documents showing that your main residence is the United States. If you manage to prove all of this, you can petition Form I-864 and sponsor an immigrant.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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