Domicile Requirement – Does the US Petitioner Have to Live in the United States?


In immigration, part of the immigration case is that you have to prove as the petitioner that you have your domicile in the US. That is a legal term which means that you have your home in the United States. That’s where you intend to live for the foreseeable future.

You can prove domicile by proving that you have a home or that you rent property, you have a driver’s license, and you file taxes every year in the United States. Those are just a few examples to show that the United States is your home and that’s your intention to live here.

As long as you can prove domicile, then the answer to the question about whether or not you can live outside of the United States while the case is pending is yes. As long as you have domicile in the US, you can live outside of the United States while the case is pending.

A lot of people are asking this question because there are very long processing times in immigration. Oftentimes, more than a year and so, you want to be able to be with your significant other to be together while you’re waiting.

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