The State Department has issued two more cables offering additional information on new Affidavit of Support requirements. One memo deals with the definition of "domicile". The new rules require the person completing the affidavit of support to be domiciled in the United States. The memo addresses two basic questions - a) when can a petitioner be considered to have maintained a US domicile while living overseas and b) what steps are necessary to re-establish domicile for those who have not maintained it.

According to the State Department, "domicile" means the place where a sponsor has a residence with the intention to maintain that domicile for the foreseeable future. "Residence" is defined to be one's actual dwelling place. Sponsors who have had their principal dwelling places overseas for an extended and open-ended period of time can not normally claim US domicile. These persons will normally have to reestablish domicile in the US. When it is unclear which residence constitutes the sponsor's domicile, posts should weigh the various indicators of residence such as the address used for tax purposes, place of employment, etc. to determine the principal place of abode.

Persons temporarily residing outside the US who are intending to keep their domicile in the US should be able to show that their departure from the US was for a limited and not indefinite period of time, that they intended to keep a US domicile and can show continued ties to the US.

To re-acquire a US domicile, a sponsor should take steps to make the US his or her immediate principal place of abode including finding US employment, locating a place to live and registering children in US schools. Arrangements should also be made to relinquish residence in the third country.

A sponsor reestablishing a US domicile need not precede sponsored family members to the US as long as the sponsor has taken the type of concrete steps outlined in the paragraph above.

In general, the State Department says the sponsors who reside overseas and cannot demonstrate intent to take up immediate US residence will be in trouble and merely opening a bank account or taking steps short of actually establishing a principal dwelling in the US will be inadequate.

The other State Department memo deals with supporting documents accompanying I-864 forms. The cable states that it is no longer necessary to produce multiple copies of supporting documents when several dependants are traveling together entering the US. Each applicant must still submit their own I-864 form, however.

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