Proving U.S. domicile is one of the most important requirements when submitting Form I-864, Affidavit of Support. Without proper proof of domicile, your petition for a family-based green card may be denied. Below, the immigration attorneys at Green Card Link explain what counts as valid proof of U.S. domicile, what documents you can provide, and how to meet the requirements even if you currently live abroad.
What Is Proof of U.S. Domicile?
According to U.S. Citizenship and Immigration Services (USCIS), “domicile” means the place where a person has their principal home and intends to maintain it indefinitely. To qualify as a financial sponsor, you must show that your primary residence is within one of the following:
- Any U.S. state
- The District of Columbia
- A U.S. territory or possession
In other words, you must demonstrate that you either live in the United States or plan to reestablish your residence there before your sponsored family member immigrates.
Employment Abroad and U.S. Domicile
If you are currently working outside the United States or have lived abroad in the past two years, you may still qualify—if you can prove your stay abroad is temporary or that you intend to return to the U.S. Evidence of your plans to reestablish domicile may include:
- Securing or leasing a home in the United States
- Registering children in U.S. schools
- Opening or maintaining a U.S. bank account
- Applying for jobs in the U.S.
- Transferring funds to the U.S.
- Applying for a Social Security Number
- Voting in U.S. elections
These steps show clear intent to make the United States your permanent home again.
Acceptable Temporary Employment Abroad
You can still meet the domicile requirement if you are employed abroad in one of the following circumstances:
- Working temporarily for the U.S. government
- Employed by a U.S. research institution recognized by the Secretary of Homeland Security
- Working for a U.S. company or subsidiary engaged in international trade with the United States
- Employed by a public international organization where the U.S. is a member by treaty or statute
- Serving as a missionary or religious worker affiliated with a U.S.-based religious organization
In these cases, the law recognizes that your employment abroad is temporary, and your true domicile remains in the United States.
Submitting Proof of Domicile to the NVC or Consulate
When submitting the I-864 Affidavit of Support, you must also provide evidence of U.S. domicile to the National Visa Center (NVC). If this evidence is not included in your initial submission, you may bring it to your visa interview for the consular officer to review.
The key criteria for establishing domicile are:
- The sponsor’s residence abroad is temporary and not permanent.
- The sponsor maintains strong ties to the United States.
- The sponsor intends to return and live in the U.S. before or upon the immigrant’s arrival.
Failing to prove U.S. domicile can delay your visa or cause your petition to be denied, so it is crucial to prepare comprehensive evidence.
Proof of Domicile Documents: How to Establish U.S. Domicile for the NVC
When applying for a family-based green card, one of the most critical requirements is proving that the petitioner maintains a U.S. domicile. The National Visa Center (NVC) requires specific documentation to confirm that the sponsor has a principal residence in the United States or intends to re-establish one before the immigrant’s arrival.
Common Proof of Domicile Documents
Petitioners can demonstrate U.S. domicile by providing any combination of the following documents:
- U.S. voting registration or recent voting record
- Evidence of paying local, state, or federal U.S. taxes
- Proof of ownership or maintenance of real estate in the U.S.
- Active U.S. bank or investment accounts
- A valid and permanent U.S. mailing address
- Evidence showing a foreign government authorized a temporary stay abroad
- Documentation proving the sponsor is studying overseas temporarily
Proving That Your Stay Abroad Is Temporary or That You Are Re-establishing Domicile
While maintaining a U.S. driver’s license, voter registration, or active bank accounts helps, the NVC and USCIS typically want to see affirmative actions showing a clear plan to return to the United States. Such evidence may include:
- Job applications or an accepted employment offer in the U.S.
- Proof of housing arrangements (lease, mortgage, or agreement to stay with family)
- Planned travel itinerary showing a return to the U.S.
- A written statement declaring intent to return, including a specific timeline
- Records showing funds, personal belongings, or household goods being transferred to the U.S.
If you are unsure which documents best support your case, immigration attorneys at Green Card Link can help you compile strong evidence to meet domicile requirements and avoid NVC delays.
Let Green Card Link Handle Your Family-Based Green Card Process
Navigating domicile documentation can be complex, especially for petitioners currently living abroad. The immigration attorneys at Green Card Link are here to ensure your case is properly prepared and compliant with NVC and USCIS guidelines.
Frequently Asked Questions About Proof of Domicile and Form I-864
Can a petitioner living outside the United States serve as a financial sponsor?
No. If you cannot prove that you have maintained or will re-establish domicile in the U.S., you cannot act as a sponsor for Form I-864 (Affidavit of Support).
What are examples of acceptable proof of domicile?
Examples include voting records, U.S. property ownership or lease agreements, active U.S. bank accounts, recent tax filings, re-entry permits, or advance parole documentation for lawful permanent residents.
Can a joint sponsor meet the domicile requirement instead of the petitioner?
No. Only the petitioner must personally satisfy the domicile requirement; a joint sponsor cannot meet this condition on their behalf.
If relatives follow the principal applicant to the U.S. later, do they need separate Affidavits of Support?
If they are following to join under the same petition, they can submit a scanned copy of the principal applicant’s Affidavit of Support. However, if each family member has a separate petition, each must file an individual Form I-864 (and Form I-864A if a joint sponsor is involved).
Who must submit Form I-864?
The sponsor—a U.S. citizen, U.S. national, or lawful permanent resident—must complete and submit the form. The intending immigrant (the beneficiary) should not fill it out.
Can Form I-864 be submitted online?
Yes. The form can be uploaded through the Consular Electronic Application Center (CEAC). The National Visa Center (NVC) will review your Affidavit of Support and notify you through the CEAC system if corrections are needed.
Do employment-based immigrants need to submit Form I-864?
Generally, no—unless the petitioning employer is also a relative of the immigrant or holds at least a 5% ownership interest in the sponsoring entity.
Does financial responsibility end after a divorce?
No. Even after a divorce, a sponsor’s financial responsibility under Form I-864 remains in effect until the sponsored immigrant either earns 40 quarters of work (about 10 years), departs the U.S., or passes away.
Who must meet the domicile requirement?
Any U.S. citizen or lawful permanent resident sponsoring a relative through a marriage-based or family-based green card must establish U.S. domicile. Categories include:
- First Preference: Unmarried sons or daughters (21+) of U.S. citizens
- Second Preference: Unmarried children and spouses of lawful permanent residents
- Third Preference: Married sons and daughters of U.S. citizens (and their dependents)
- Fourth Preference: Siblings of adult U.S. citizens (and their dependents)
How can a petitioner establish domicile in the U.S.?
Evidence may include a job offer in the U.S., housing arrangements, school registration for children, or proof of ending a foreign residence. The petitioner must return to the U.S. before or at the same time as the sponsored immigrant.
Is there a government filing fee for Form I-864?
No. There is no filing fee for Form I-864. For other applicable fees, refer to the U.S. Department of State website.
Should I Hire an Immigration Attorney?
If you are living abroad and need to prove U.S. domicile, the process can become complicated. Partnering with an immigration attorney at Green Card Link ensures your documentation is thorough and accurate. From preparing Form I-864 to guiding you through every step of the NVC process, Green Card Link helps you avoid delays and strengthen your family-based green card petition.
[Get Started Today] — Work with the immigration attorneys at Green Card Link to secure your family’s future in the United States.