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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

DougPhillips
Hello. I am going down the I-130 line and recieved my packet 3 on Friday, and have all the documents required but we are confused as to how to fill in the I-864. My wife (USC) has been living and working here in the UK since we got married in 1998, she has e mailed her old company saying that she will be relocating sometime in the autumn and will be looking for employment (she had a good job with the cable company when she left) and got a automated reply. What are our options considering nothing is certain till I get the visa? Any help would be greatly appreciated. Doug & Kim Phillips
Poiteen
If she doesn't get a firm job offer from a US employer with a letter, stating the terms and salary, I think you guys will need a co-sponsor or a joint sponsor.

But I'll bet that someone much more experienced than this newbie will jump in any minute with some much more solid info




P.S. Don't mean to hijack your thread no0pb.gif , but what exactly was in the packet 3, and how long did it take you to get? I'm trying to figure out which set of forms are correct, the ones on the US embassy website, or the list on this forum. good.gif

amrssnowangel


Try checking on the USCIS site. This is one source I found.

http://www.uscis.gov/files/pressrelease/AffSupp_062106QA.pdf


Q. My sponsor lives abroad. Does this mean he or she cannot sponsor me?
A. It depends upon where your sponsor has his or her legal domicile. To file an affidavit of support, a sponsor must have his or her domicile in the United States. Under the final rule, a sponsor is domiciled at the place of his or her principal residence. Therefore, your sponsor may file an affidavit of support if he or she shows, by a preponderance of the evidence, that his or her domicile is in still in the United States because he or she is only residing abroad temporarily.
The final rule also clarifies that a sponsor who is not domiciled in the United States may submit an Affidavit of Support if the sponsor shows, by a preponderance of the evidence, that he or she will establish his or her domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status. Thus, the sponsor must arrive and establish domicile in the United States before or at the same time as when the intending immigrant becomes a lawful permanent resident through adjustment of status or admission on an immigrant visa at a port of entry.


Other wise you need a sponsor I would say.

Faith
trailmix
QUOTE(DougPhillips @ Jul 22 2007, 12:53 AM) *
Hello. I am going down the I-130 line and recieved my packet 3 on Friday, and have all the documents required but we are confused as to how to fill in the I-864. My wife (USC) has been living and working here in the UK since we got married in 1998, she has e mailed her old company saying that she will be relocating sometime in the autumn and will be looking for employment (she had a good job with the cable company when she left) and got a automated reply. What are our options considering nothing is certain till I get the visa? Any help would be greatly appreciated. Doug & Kim Phillips


So I'm taking from your post that it is unlikely that your wife will get a firm offer of employment before your interview.

From what I have researched - and we are now at the I-864 stage of this process too (and we both live in Canada), you have three income options. Either you can prove:

1. That you have income that will continue when you arrive in the U.S. (doesn't seem like this is the case for you?)

2. You can use assets equal to 3 x the poverty level or

3. You will need a co-sponsor.

As far as 'domicile' is concerned, I'm not sure how the consulate(s) in the U.K. view this, I think it is open to interpretation. I did ask one Canadian who has recently been approved. In his case he stated his country of domicile was Canada and then added a letter from his (U.S. Citizen) wife that they would be entering the United States together.

I also think that if you post on the U.K. board you might get some help from those in your area who have experienced this and find out how they handled it.

Best of luck to you!
Len_and_Bren
Just to be on the safe side - get yourselves a co-sponsor. If she gets the job (let's root for that one!!!!), you don't need it. But if things come to not having the job offer, you are ready with a co-sponsor.
Those are my .02

Peace, L.
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