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Domicile and Residence Issues for Immigrant Visas from Thailand

By Ben Hart

Republish: EasyPublish™ Published: 02Jul2009 Word count: 448 Viewed: 370 time(s) Get Free Content For Your Site

A question that sometimes arises with regard to US Immigration from Thailand involves local filing of Immigrant visa petitions at the USCIS Bangkok District Office. There is some confusion about who can file locally as well as the implications of local filing when it comes time to fill out an I-864 Affidavit of Support.

The issue comes down to a determination of the petitioner's residence. In order to file an immigrant visa petition at USCIS Bangkok administrative rules require that the US Citizen petitioner be resident in Thailand for at least one year on a long term visa (Thai permanent residence, Non-immigrant B, O, ED, etc.). Many petitioners find filing the USCIS petition to be advantageous because the processing time can be expedited by as much as 6 months.

If the petition is approved by USCIS Bangkok, it will be forwarded to the US Embassy. In order to obtain the visa on behalf of the alien loved one the US Citizen Petitioner will need to file an I-864 affidavit of support showing that the petitioner can support the alien beneficiary at 125% of the poverty level. An issue arises because the US Citizen Petitioner needs a domicile in the United States in order to file the I-864. Under the US Immigration and Nationality Act, in order to have a domicile in the USA, one must have a legal residence in the USA. A legal residence requires an actual abode or dwelling. For an expat living outside of the country, showing an abode can be difficult if one abandoned their domicile in the past.

How can one have a domicile if one does not have residence in the United States? There is an inherent contradiction for an expat living in Thailand because in order to originally file at USCIS Bangkok the Petitioner must be resident in Thailand, but in order to establish domicile, one must have a residence in the United States.

The US Foreign Service has recognized this "disconnect." In order to square this circle the FAM (Foreign Affairs Manual) gives a foreign service officer the authority to accept an I-864 affidavit of support where the petitioner has taken affirmative steps to terminate his or her domicile in Thailand (or other foreign country), and has taken further affirmative steps to reestablish domicile in the United States. This regulation does not mean that the inherent conflict between these two requirements does not exist. Instead, it merely gives consular officers guidance about what to do in cases where this type of situation arises.

(The information imparted herein is meant for educational purposes only. It is not a substitute for personalized legal advice. No Lawyer-Client relationship is created by reading this article.)

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