US Visa Thailand: Establishing Domicile on the Affidavit of Support for an American Expat

Before an American citizen can file an I-130 petition on behalf of a loved one with the United States Citizenship and Immigration Service, he must be a resident of Thailand for at least a year while in possession of a long-term visa, such as a non-immigrant visa, for example. Some petitioners actually prefer to file their petitions outside of the United States since the processing time is faster compared to those filed within the United States.
In order to obtain the visa for the alien relative, the American petitioner must also file a Form I-864, or an Affidavit of Support to show that the petitioner can support the immigrant beneficiary at 125% over the poverty level. This is where the problem sets in. In order for a U.S. citizen to file a Form I-864, he must have a domicile in the United States, which means that he must have a legal residence in the United States to establish his domicile in the United States in accordance with the United States Immigration and Nationality Act. This can be a rather tricky requirement to comply with for an American expat living in Thailand, especially when he has not maintained a legal residence in the United States. By filing his I-130 petition in Thailand, the petitioner is acknowledging his residence in Thailand, but in order to file the Affidavit of Support, he must have his domicile in the United States.
The United States Foreign Service has recognized the inconsistency and the Foreign Affairs Manual has given Foreign Service officers the authority to accept an Affidavit of Support or a Form I-864 from a petitioner who has taken steps to end his domicile in Thailand and to re-establish his domicile in the United States in order to guide consular officials in case of such situations.
ABOUT THE AUTHOR: Dennis P. Ramm
Dennis P. Ramm is Partner with Siam Legal International which is an international law firm with offices in Bangkok, Pattaya, Phuket, Chiang Mai, Hua Hin, Samui and Los Angeles. Dennis works with American Immigration Attorneys and UK Solicitors & Barristers providing global immigration services including US Visas in Thailand such as the K1 Visa and K3 Visa. Dennis has over 20 years of experience assisting persons in applying for their US Visa at the US Embassy in Bangkok. Mr. Ramm has written numerous publications on US Visas for Thai workers, K1 Visas from Thailand and CR1 application for Thai Spouse.