From saint@admsec.wwu.edu Tue Mar 16 15:33:30 1999 Received: from mxu2.u.washington.edu (mxu2.u.washington.edu [140.142.32.9]) by lists.u.washington.edu (8.9.3+UW99.02/8.9.3+UW99.01) with ESMTP id PAA39112 for ; Tue, 16 Mar 1999 15:33:28 -0800 Received: from blackhole.admcs.wwu.edu (blackhole.admcs.wwu.edu [140.160.248.20]) by mxu2.u.washington.edu (8.9.3+UW99.02/8.9.3+UW99.01) with SMTP id PAA05972 for ; Tue, 16 Mar 1999 15:33:27 -0800 Received: from uis.admsec.wwu.edu (gaea.admsec.wwu.edu [140.160.249.20]) by blackhole.admcs.wwu.edu (8.6.5/8.6.5) with ESMTP id OAA16462 for ; Tue, 16 Mar 1999 14:09:38 -0800 Received: from localhost (saint@localhost) by uis.admsec.wwu.edu (8.8.5/8.6.12) with SMTP id PAA08406 for ; Tue, 16 Mar 1999 15:34:57 -0800 (PST) Date: Tue, 16 Mar 1999 15:34:57 -0800 (PST) From: "Joseph M. St.Hilaire" Reply-To: "Joseph M. St.Hilaire" To: Discussion of Residency Issues State Wide Subject: Re: Active Military-Discharged in Washington In-Reply-To: <36EED120.1FCFB28F@whatcom.ctc.edu> Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII ***People who ask tough questions like Janelle's should have their subscriptions cancelled. But what the heck, I'll venture a reply. Gee whiz, I guess if there's some evidence that he declared his intention to become a permanent resident on April 29 and that he was on temporary sojourn between then and December, I'd give it to him as of Summer 99. I'd ask him for some other documents or letters from acquaintances regarding his April 98 intention to establish his domicile here. I think it's stretching it a bit to call him a resident for Spring since he was in and out of the state so much prior to that time and didn't change his DL until April 29 (he'd argue for the April 2 date when he changed his voter reg, but I usually don't accept a voter reg date by itself). He had to have his mail sent somewhere while in Africa, so I'd give him some slack on the Wisconsin address during his trip abroad. Joe St.Hilaire Western On Tue, 16 Mar 1999, Janelle Miner wrote: > I have a student who was stationed at Ft. Lewis from 8/94 to 6/97. He > did not own a car (no motor vehicle registration), did not obtain a WDL > (why would he with no car?), did not register to vote. His 1997 tax > forms show a Wisconsin address (his parent's). His DD Form 214 shows > Wisconsin as his mailing address upon discharge. > > After discharge (6/97), he immediately went to Alaska for temporary work > (6/97-9/97). He then went to Wisconsin (10/97-2/98) and returned to > Washington from 2/98 to 5/98. At this point, he obtained a driver's > license (4/29/98) and registered to vote (4/2/98)--he still didn't own a > vehicle. He again went to Alaska for temporary work (5/98-9/98). From > 9/98-12/98 he used Wisconsin as "home base" while traveling in Africa. > He finally returned to Washington 12/98. Somewhere along the line, he > obtained a motor vehicle, registered it in Wisconsin and changed it to > Washington 12/98. > He filed his 1998 taxes with a Washington address. > > The student maintains that upon discharge from Ft. Lewis, he "always > intended" to make Washington his home. However, I see no evidence that > he declared this intent until 4/2/98 when he registered to vote. But > then I get confused with the "physical presence" factor. Even though > the student obtained a driver's license and registered to vote, he's > actually lived in Washington for only 4 months (2/98-5/98). Can I > consider his "wanderings" to be temporary sojourn (temporary work in > Alaska, traveling, etc.)? > > I think I've thought myself into a corner here. Can someone help me > out? Thanks. > > .