Hi Everyone,

I have a fairly specific issue relating to domicile. My husband is in the process of applying through the embassy in London for immigrant visa. The basis of his application is marriage to a citizen. We have been deferred by the immigration officer at his interview on the basis of not having enough evidence of my domicile and insufficient financial support. We are now in the process of gathering evidence in regard to both of these issues.

Here are the basics. I came to the UK when we were married in 2004 and am here currently. We hope to emigrate to California. The immigration officer feels I have been here too long to have maintained my domicile in the US. The majority of my assets and my current income are in the UK which was also unacceptable to the officer.

We have made arrangements for my father to co-sponsor on the basis of income and the support element should be resolved. Domicile seems to be a bit more complicated.

I am interpreting the demand of the officer to mean I need to show evidence of re-establishing my domicile since she feels it has lapsed. The things I already have in support of this are:

1. Valid California Drivers License
2. Valid Voter Registration
3. Several active banking and savings accounts (no significant balances)
4. A Letter from my parents confirming my residence at their property
5. A standing offer of employment from my Father's private Oral Surgery practice

The reaction of the officer to our application was more or less that our arrangements particularly in regard to my family were too informal and not a proper legal basis for this form of application.

I can see the point and am doing what I can to show my efforts to re-establish my domice/active residence in formal and legally binding ways this includes:

1. A formal periodic residential lease for a vacant residential property owned by my parents (rent will be nominal, prepared and witnessed by a local agent, utilities to be put in my name).
2. Legal transfer of title of my old car from my parents (they have been keeping it for me). I will complete necessary registration requirements and procure quotes for insurance.
3. Enrollment in a professional development course to prepare for the California State Real Estate License Exam (independent learning)
4. Contract for mobile phone for local number in my name


My big question is if the element of family in most of my arrangements will likely to be a problem? I assume that most people in my position and establishing themselves in the US in general would rely heavily on friends and family who they have there. Is it likely that the evidence I am preparing to give would be discounted or considered invalid based on the necessity of family involvement?

The immigration officer seemed to dislike this whole aspect of the application but I don't realistically have a way to access the life I have maintained in California without their help. Will having formal legal contracts make the difference or am I likely to encounter trouble?

Any advice?


Thanks in advance!