| Many expats living in Thailand are curious about | | | | residence in the USA. A legal residence requires an |
| filing a visa petition at the local USCIS office in | | | | actual abode or dwelling. For an expat living |
| Bangkok, Thailand. The convenience and speed of | | | | outside of the country, showing an abode can be |
| filing locally is a benefit to local filers. There are | | | | difficult if one abandoned their domicile in the past. |
| some misconceptions regarding who is allowed to | | | | IS it possible for a petitioner to be domiciled in the |
| file locally as well as collateral implications at a | | | | United States if he does not retain a residence |
| subsequent phase of the visa process: the | | | | there? There exists an innate inconsistency when |
| Affidavit of Support. | | | | a US Citizen residing in Thailand files a USCIS |
| The question boils down to deciphering the US | | | | petition in Thailand because by filing in Thailand the |
| Citizen petitioner's residence. In order to file an | | | | petitioner is acknowledging that his residence is |
| immigrant visa petition at USCIS Bangkok | | | | outside of the US. However, at the Affidavit of |
| administrative rules require that the US Citizen | | | | Support phase, to establish domicile, petitioner will |
| petitioner be resident in Thailand for at least one | | | | need a US residence. |
| year on a long term visa (Thai permanent | | | | The US Foreign Service has recognized this |
| residence, Non-immigrant B, O, ED, etc.). Some | | | | "disconnect." In order to square this circle the FAM |
| United States Citizens wish to file at a USCIS | | | | (Foreign Affairs Manual) gives a foreign service |
| outpost abroad due to the fact that compared to | | | | officer the authority to accept an I-864 affidavit |
| the processing times of US Service Centers, filing | | | | of support where the petitioner has taken |
| overseas is often quite fast. | | | | affirmative steps to terminate his or her domicile |
| Should the I-130 petition receive approval from | | | | in Thailand (or other foreign country), and has |
| the Bangkok District office of USCIS, then it will | | | | taken further affirmative steps to reestablish |
| be forwarded to the US Embassy. In order to | | | | domicile in the United States. This regulation does |
| obtain the visa on behalf of the alien loved one | | | | not mean that the inherent conflict between |
| the US Citizen Petitioner will need to file an I-864 | | | | these two requirements does not exist. Instead, it |
| affidavit of support showing that the petitioner | | | | merely gives consular officers guidance about |
| can support the alien beneficiary at 125% of the | | | | what to do in cases where this type of situation |
| poverty level. An issue arises because the US | | | | arises. |
| Citizen Petitioner needs a domicile in the United | | | | The content provided in this article is intended for |
| States in order to file the I-864. Under the US | | | | informational purposes only. It is not a substitute |
| Immigration and Nationality Act, in order to have | | | | for personalized legal advice. No Lawyer-Client |
| a domicile in the USA, one must have a legal | | | | relationship is created by reading this article. |