Proving domicile

Mercedita was petitioned by her US citizen mother when she was 25 and was married with three children. Her mother, already in her fifties, came to the Philippines for a quick trip to attend an annual class reunion. During her stay, she slipped in the bathroom and broke her hip which required surgery and rehabilitation. She intends to go back to California where she lives and works at a public school. She hopes she gets well enough to travel with Mercedita once the latter has her immigrant visa application approved. After a long wait for her visa, Mercedita appeared for her immigrant visa interview.

During the interview, she was asked where her mother is, and she answered that she is in the Philippines. The consular officer told her that he cannot approve the immigrant visa application as of yet because he needs to know if her mother intends to establish domicile in the US. What does Mercedita need to do?

Her mother must prove she is living in the US. If she has since lived outside the US and has not maintained ties to the US but wishes to qualify as a sponsor in the affidavit of support, she must show she has taken steps to establish a domicile in the US or has the intention to re-establish such.

Domicile, as a legal concept means the place where a person has her permanent principal home to which, whenever she is absent, she returns or intends to return. This definition is different from a layman’s understanding of domicile as a person’s residence. A person may have more than one residence but can only have one domicile. Take note the significant words for domicile are principal home and intent to return.

In Mercedita’s case, let us determine if her mother’s domicile is the US or the Philippines. Here are the facts:

Her mother came to the Philippines for a reunion -a temporary, annual gathering and her trip was only for a short period. She would have returned to the US had she not had a broken hip -which means her extended stay is beyond her control and involuntary. She still has ties to the US by maintaining a residence and employment in California. She sufficiently showed she intends to return once strong enough. Clearly, Mercedita’s mother’s domicile is the US.

What must she and Mercedita do to prove her domicile is in the US? They must show testimonial and documentary evidence like the following:

a.) Affidavits from friends and family who have personal knowledge of her plans to permanently stay in the US and that her trip in the Philippines was only temporary;

b.) Certificate of employment from her school;

c.) US income tax return;

d.) California home tax payments;

e.) Return ticket;

f.) Affidavit by Mercedita’s mother attesting her intention to permanently reside in the US;

g.) Bank statements from US banks indicating transactions made there;

h.) Other evidence to prove US domicile.

Depending on your personal circumstances, there are several ways to prove domicile in the US. Make sure you provide reliable and credible evidence.