What does domicile mean for the I-864 Affidavit of Support?
Domicile means the place where you have your principal residence in the United States and intend to keep it for the foreseeable future. It is a mandatory requirement for anyone filing Form I-864 as a sponsor. A U.S. citizen or green card holder who lives outside the U.S. without maintaining a U.S. domicile generally cannot sponsor a family member for an immigrant visa.
We have previously written about the Form I-864 Affidavit of Support, the contract between a Petitioner or “Sponsor” and the U.S. Government showing that the Sponsor has enough income or assets to financially provide for the Sponsor’s household family members and the intending immigrant(s). The Affidavit of Support legally binds the Sponsor to provide such financial support. If the Petitioner/Sponsor is unable to demonstrate enough income or assets, other persons may be a “Joint Sponsor” for the intending immigrant(s).
Can a U.S. citizen living abroad still sponsor a relative?
To qualify as a Sponsor or Joint Sponsor, an individual must be a natural person, not a company, who:
- Is a U.S. citizen, national, or lawful permanent resident (“LPR”) of the United States (including conditional residents);
- Is at least 18 years of age;
- Filed the Form I-130 Petition which forms the basis for the visa application (not a Joint Sponsor); and
- Is “domiciled” in any of the 50 States of the United States, the District of Columbia, or any territory or possession of the United States.
If the Petitioner does not meet the qualifying criteria to be a Sponsor (for example, under 18 years of age or not domiciled in the United States), the intending immigrant(s) will require a Joint Sponsor. Any Joint Sponsor must also meet the above requirements.
The term “domicile” means the place where a Sponsor has his or her principal “residence” in the United States, with the intention to maintain that residence for the foreseeable future. A Petitioner who is maintaining a principal residence outside the United States cannot normally claim a U.S. domicile and would be ineligible to submit a Form I-864 Affidavit of Support. If a Petitioner cannot satisfy the domicile requirement, the Petitioner fails to qualify as a Sponsor and a Joint Sponsor cannot be accepted. The intending immigrant(s) visa application(s) would then be refused.
In certain cases, a LPR living abroad temporarily may be considered to have a domicile in the United States if he or she has taken action to preserve his or her residence. Moreover, a U.S. citizen living abroad working for qualified employers, such as the U.S. government, a U.S. company or subsidiary, public international organizations, or an organization engaged in ministerial work, may still be considered to be domiciled in the United States.
If a Petitioner is living outside the U.S. and determined not to be domiciled in the U.S., he or she can take steps to reestablish a domicile in the United States in order to qualify as a Sponsor and file an Affidavit of Support. Such steps may include:
- Purchasing or renting a home;
- Opening a bank account;
- Transferring funds to the United States;
- Making investments in the United States;
- Seeking employment in the United States;
- Registering children in U.S. schools; and
- Voting in local, State, or Federal elections.
Anyone wanting to sponsor a family member to immigrate to the U.S. but is currently living abroad should consider whether they have a domicile in the U.S., or understand the need to reestablish a domicile in the U.S., before filing a Form I-130 Petition for their relative.
Note this article addresses only Affidavits of Support based on a Petitioner filing a Form I-130 Petition. In some instances, other immigrant visa applicants may require an Affidavit of Support.
Frequently Asked Questions
Who qualifies as a sponsor on the I-864 Affidavit of Support?
To qualify as a sponsor, you must be a U.S. citizen, U.S. national, or lawful permanent resident (including conditional residents); at least 18 years old; the person who filed the I-130 petition; and domiciled in one of the 50 states, Washington D.C., or a U.S. territory. All four conditions must be met. If you can’t meet them, a joint sponsor who does qualify may file a separate I-864 alongside yours.
What is the difference between a sponsor and a joint sponsor on Form I-864?
The sponsor is the person who filed the I-130 petition and is legally responsible for the immigrant. A joint sponsor is a separate individual who agrees to share financial responsibility because the original sponsor’s income or assets don’t meet the threshold. The joint sponsor must meet all the same eligibility requirements as the primary sponsor including the domicile requirement except they don’t file the I-130.
What happens if the sponsor doesn’t have U.S. domicile?
Without U.S. domicile, the sponsor is ineligible to file the I-864, and the visa application will be refused. The sponsor must either establish qualifying circumstances abroad (employment by a U.S. government agency or qualifying employer) or take concrete steps to reestablish U.S. domicile before filing the I-130. This is one of the most commonly overlooked requirements for sponsors living in Vietnam or the Philippines.
Does a green card holder living in Vietnam need U.S. domicile to sponsor a relative?
Yes. Lawful permanent residents living outside the U.S. must show they are only temporarily abroad and have taken steps to preserve their U.S. domicile such as maintaining a U.S. address, bank account, or property. If USCIS or the consular officer determines they have abandoned their U.S. domicile, they will be ineligible to sponsor. In some cases, abandoning U.S. domicile can also trigger questions about maintaining permanent resident status.
Does domicile apply to Form I-864A or I-864EZ as well?
The domicile requirement applies specifically to the person filing as the primary sponsor on Form I-864. Form I-864A is a contract between the sponsor and a household member whose income is being used to supplement the sponsor’s the household member doesn’t need independent domicile. Form I-864EZ is a simplified version of the I-864 for direct petitioners and carries the same domicile requirement.
Should I establish domicile before or after filing the I-130 petition?
Before, if possible. Consular officers evaluate domicile at the time of the visa interview, but taking steps early and documenting them gives you the strongest case. If you file the I-130 while abroad and haven’t yet established domicile, you may face additional scrutiny or delays at the consular stage. Our attorneys in Ho Chi Minh City and Manila can advise on the right timing and documentation for your situation.
If you have questions, contact us today at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.
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Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
