Legal Question in Immigration Law in Virginia

Re: proof of domicile

You haven't clarified why the consular office is asking for proof of your domicile in the United States. Nothing more should be required other than your current U.S. Passport(with your last address of domicile printed inside). (I assume when you say you're applying for an immigration visa you mean a visa for your wife.).

Re: proof of domicile

Your deed is not proof of domicile, because you could be renting out your condo to someone else. Indeed people own houses purely for investment purposes.

I do not understand why the consular office (US?) is asking for domicile. However, assuming that they actually require you to be a resident of th state (Virginia?) then you really do have to move back in physically and start living there to qualify. You might reopen utility accounts such as opening a telephone account again, electric, gas, etc. and start paying on these utilities to show your own intention to live there (as opposed to someone else living there as a tenant and you the landlord).

However, make sure you are not mistaken about this requirement. If they are processing some optional extra for your wife, like a social security number or employment authorization, you probably do not have to do that at this time, but can postpone those steps until you have physically returned to the U.S. You should not need to prove domicile merely to re-enter the U.S., even with your wife. However, to get other legal documents you probably do, including any legal papers necessary for travel OUTSIDE the U.S. as a U.S. resident or citizen.

Also, bear in mind that you bear the burden of proving that your marriage to a non-US citizen is real. The government can ASSUME that every marriage between a U.S. citizen and a citizen of another country is fraudulent, unless you PROVE otherwise. You must sincerely live with your wife as husband and wife for at least 3.5 years, living together in the same place, and even demonstrating intimiate knowledge of each other's habits, etc., to prove that you really are actually married.

Therefore, having a place where you actually live together should be important. But it should not matter for you to merely return home.