Fiance K-1 visa I-134 Form Domicile Requirement

Whomever submits the I-134 Affidavit of Support must be “domiciled” in the US. What does this mean?

For most, this doesn’t mean much. That’s because you live in the US while sponsoring your K-1 fiance using the I-134 Affidavit of Support. So, the domicile requirement is already fulfilled. And you don’t notice it.

But for other sponsors who don’t currently live in the US (for any reason), it means a lot. And it’s important.

So, imagine you’re a US citizen studying / working / volunteering in another country temporarily. If you submit the I-134 Affidavit of Support for your fiance’s K-1 visa interview, you’re under obligation to prove domicile in the US.

And show one of three things

1. You’re living abroad due to your employment; or

2. You’re here only temporarily; or

3. You intend to go back to the US soon

You add these extra proofs in your I-134 Affidavit of Support paperwork (besides the typical tax returns or employment letters).

And the same goes for any joint sponsors. If you’re using a joint sponsor living abroad, then they must meet domicile requirements.

Let’s talk about all of this and how to gather evidence.

Why is I-134 AOS domicile required?

First of all, only an adult US Citizen or legal Permanent Resident can submit an I-134 Affidavit of support for a K-1 interview.

Secondly, he/she must be domiciled here (but, not necessarily that you live here).

So, your wealthy non-American relative isn’t eligible.

And, the whole point behind this requirement is so the US can hold the sponsor liable in case the K-1 beneficiary becomes a “public charge” once he/she arrives. Think about it: they can’t legally come after you, if you’re not physically here.

But, surprisingly, this important requirement isn’t even part of the instructions. Strange, right? If you read through the I-134 instructions, you don’t see it mentioned.

However, if you show up to the K-1 visa interview without proof of US domicile, you’ll be turned away and asked to submit it. Talk about confusion.

Where do we find I-134 domicile instructions?

So, which instructions can we use to figure out the domicile requirements? Well, the best place to look is the I-864 Affidavit of Support. This is the same one you’re going to submit once your fiance marries you and submits the I-485 Adjustment of Status.

And Embassy Officers also tend to follow the same I-864 instructions for guidance during the K-1 interview. So, we know we’re on the right path.

Here are the general I-864 instructions to guide us on the I-134 domicile requirement:

They say either you must be living in the US; or if not, then prove that you’re country of domicile is the US.

If not living in the US, prove domicile

So, if you (or a joint sponsor) are living abroad, then there are extra steps to file your I-134 for the k-1 interview.

The first thing they suggest you do is write a statement explaining your situation.

First step – Write a statement

Draft a letter that supports your claim of US domicile. Include the following things:

• – Where you currently live
• – Your legal status in the US (citizen, LPR)
• – Even though you live abroad, your primary home is still the US
• – Explain how you meet domicile requirements (using the three options from below)

A statement is good and all, but it’s nothing without proof to back it up.

Second step – Attach proof

Attach proof that you meet one or more of these three options

[Option 1] You live overseas due to your employment

[Option 2] Your stay in a foreign country is temporary (regardless of the reason you live overseas)

[Option 3] You intend to go back to the US at some time before/during the beneficiary’s arrival (regardless of the reason you live overseas)

Your fiance presents this statement and proof along with the entire I-134 packet to the Embassy for review. The officers consider everything and decide if it’s acceptable. So, be sure to write a full, clear statement to explain your situation and support it with good proof.

In fact, you can use one option, or all three together. Use as much as possible to strengthen your claim.

Now, let’s go through the each options and explain how to use them.

How to prove domicile for the I-134

[Option 1] It’s due to your employment

If you’re an expatriate and working for a certain organization, you’re already considered domiciled in the US. Here’s a list of eligible organizations:

If you do work for one of these, it’s simple to prove US domicile. Just present an official letter from this organization that says you work, volunteer, or are employed by them.

Most of these listed are international organizations. Keep in mind, working for a business / company may not necessarily count. And you have to check the list or use another option 2 or 3 to qualify as domicile.

[Option 2] Your stay in a foreign country is only temporary

You can show that your stay here is only temporary and you’re still domiciled in the US. Regardless of why you’re currently living in a foreign country (work, student, volunteer).

Now, think about it, how can you prove to someone your home is still in the US even though you’re not there? Well, you show that you maintain “ties” to the US. Some of the recommended ways are:

1. 1. Show a temporary visa to this country. Which means you have to go back.
2. 2. Occupation terms/contract require you to be abroad indefinitely
3. 3. Still make Home/ Rent payments or mortgage in the US
4. 4. Maintain a current, unexpired US driver’s license
5. 5. Family members still living in the US
6. 6. Pay US Taxes (tax return)
7. 7. Maintain a US bank account
8. 8. Vote in US elections
9. 9. Investment in US organizations
10. 10. Active member of US organizations / groups

See the list here in the I-864 instructions.

[Option 3] You intend to move back to the US soon

The last option is to prove that you intend to move back to the US soon. And it must be before / during the beneficiary’s arrival in the US. So, regardless of why you’re in a foreign country (student, tourist, etc.), it’s enough to show concrete plans that you’re heading back.

Here’s the I-864 instruction to clarify this option:

List of recommendations to show you’re moving back soon:

1. 1. Accept a US job contract during the k-1 visa
2. 2. Sign a rental/ownership contract of US property
3. 3. register children in school in the US
4. 4. Other major financial obligations

Again, to use this option, just present the Embassy officers with these documents for review. And be clear about it when writing a letter.

Be ready for the K-1 interview

Again, for those living in the US, you won’t even notice the US domicile requirement because you already fulfill them. But for others living abroad, you need to pay attention.

Interestingly, the whole reason behind forcing you to show domicile in the US is so the US government can come after you in case the foreign K-1 visa beneficiary becomes a “public charge” (i.e. welfare or government assistance).

Remember, joint sponsors are also under domicile requirements. So, follow these same procedures.

Keep in mind, in addition to presenting a written letter, you use these:

• employment abroad
• temporarily living abroad
• intend to move back soon

If you can’t prove your US domicile, then you may be refused as a “sponsor” for the I-134 Affidavit of Support (under INA 212(a)(4)). Your fiance will need to find other ways.

Do you live abroad? how will you meet domicile requirements? Leave a comment below…