U.S. Domicile Requirement for Petitioners
In order for an application for an immigrant visa to be approved, the petitioner, whether a United States citizen or a permanent resident, must be domiciled in the United States. That is, while a petitioner may spend a significant amount of time abroad, he or she must demonstrate that his or her life is based primarily in the United States and will be for the foreseeable future.
The reason for this requirement is simple: immigrant visas are intended to reunite families. There is no reunification to be accomplished - and therefore no reason to issue an immigrant visa - if the petitioner is not residing in the country to which the applicants intend to move.
The following information may help you determine how to demonstrate the petitioner's domicile:
- How is domicile determined?
- How can the petitioner establish a domicile?
- If the petitioner does not have a domicile in the U.S., can a joint sponsor file an I-864 (Affidavit of Support)?
- Our petitioner has lived in Trinidad and Tobago for the past few years, but plans to go back with us to the U.S. when we immigrate. Does this satisfy the domicile requirement?
- In a “follow-to-join” case, can the applicant still immigrate to the United States if the petitioner has relinquished Legal Immigrant status?