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Fiancee Visa

I-864 Affidavit of Support Requirements: Establishing Domicile in the United States

A U.S. citizen or permanent resident petitioner must have a U.S. domicile before the U.S. consulate will issue a spouse visa to the sponsored spouse. If the petitioner has not maintained a U.S. domicile, then he or she must take steps to establish a U.S. domicile prior to issuance of a spouse visa to the foreign national spouse. Below are several steps that the petitioner may need to take to establish U.S. domicile in anticipation of sponsorship of their foreign national spouse:

  • Purchase or lease of a home in the United States.
  • Obtaining a U.S. based job or starting a U.S. based business;
  • Enrolling children in U.S. public or private schools;
  • Relinquishment of non-U.S. residence.
  • Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

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