All family-based I-130 immigrant visa petitions and some I-140 employment-based immigrant visa petitions must include a fully executed I-864 Affidavit Of Support as a legally-enforceable contract ensuring financial support for the intending immigrant and dependents, if any. The petitioner (the individual filing the immigrant visa petition) must sign and document the I-864. An important part of the I-864 form is that the sponsor (who must be a United States citizen or lawful permanent resident ) must be domiciled in the U.S.
The I-864 agreement may not be accepted if the petitioner cannot provide adequate proof of domicile. 9 FAM 302.8-2(B)(5) offers guidance on what documentation can be used to establish that the petitioner is domiciled in the U.S. if the petitioner has been living outside of the U.S. for an extended period of time; they can show evidence of:
- Opening a bank account;
- Transferring funds to the United States;
- Making investments in the United States;
- Seeking employment in the United States;
- Registering children in U.S. schools;
- Applying for a Social Security number; and
- Voting in local, state, or federal elections.