Hello all!

Question regarding poverty guidelines and DCF....

If I am working in Jamaica where the pay scale for most all jobs is much less than the pay in the US, how does this affect my avidavit for support and meeting the poverty guidelines? I make enough money to live comfortably in Jamaica, but once that amount is transfered into US dollars I make nothing. How does this work with a DCF filier?

I am obviously not able to make US money until I move back to the states, but I am not planning on moving back to the states until after my husband gets his visa.

What is the best way to go about this?

Two big catches with DCF are:

• Domicile, US Citizen must have maintained US Domicile, and living in foreign country was a temporary condition.
• IRS Returns, US Citizen must file IRS returns every year, foreign income may be exempt from taxes, but the US Citizen is not exempt from filing a return.

Both of these things are requirements of the I-864 that is required from the US Citizen for the visa.

The US Citizen can use a Joint sponsor in the USA if their income fails to meet the poverty line requirement.

If the US Citizen gave up US domicile the US Citizen needs to re-establish the domicile.

A good read about I-864 http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Thanks for that link, it gave a wealth of information. I currently still own a house in the US. I just rent it out temporarily. Could this be used to establish my US domicle? I only planned on stayin in Jamaica temporarily to be near my husband while we filed for the visa. Our plan has always been to return to the US. So I kept my house in the states, but I don't have a job there that will show I can support him.

If my house acts as provong domicile, can I get a family member to be a co-sponser on the AOS?

The home is excelent evidence of domicile, so dont worry about the domicile issue, did you file IRS returns for last year? If you did you will be fine.

If your current income exceeds 125% povertyline and you have evidence of work back in the USA like a job offer you should be fine, if not, then get a joint sponsor.

If you prove domicile, yes you can ask another U.S. Citizen to co-sponsor on the I-864.

It would also be a good idea to read the I-864 instructions, in particular Part 4 item 15 - Domicile. This gives an outline of what proves domicile - but it's always a bit tricky when you are residing outside the country - but not impossible. From the above mentioned reference:

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.
You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

So since i dont have kids, and a job offer as of yet, I can just show my title and mortagage statement for my home to satisfy this question?

I would get as many things as you can think of. Bank statement from your account in the U.S., a quote from a moving company for your move from Jamaica (never have to use it of course) back to the States. Do you have insurance in the U.S. for your house or a car or anything - I'd send along a copy of that too. Anything that you can think of that ties you to the U.S. currently.

YuandDan may be right and all they may need is proof that you own a residence in the U.S. - I don't know and I'm not saying he is wrong.

I don't live in the U.S. right now either and I am the sponsor. We don't own a house in the U.S. so I put together what I thought was enough evidence and I got a request for more evidence - but that might not be your experience

I would think you are going to need a co-sponsor. Knowing JA salaries, I imagine you won't make enough to qualify over that 125% poverty level.

I defintely know the Jamaica salary wont help me make over the poverty line. Its more like only $500 US permonth!! I am however trying to get a job with American based companies and try to get paid in US dollar, but this all seems more complicated than need be.

So now I am wondering if I should just continue to live and work in Jamaica and just file my I-130 at my local office in California. And just not let them know that I am not currently living in the US. I'll still have my house and insurance for it and all, but I will be physically living out of teh country to be closer to my husband. I just have to figure out a way to make sure my mail from the USCIS is forwrded to me in JA so that i make sure i dont miss an important letter. Then I can still use a co-sponser for AOS.

Doing it this way, I dont have to worry about proving domiclile and foregin residency and all that, yet i can still live with my husband during the processing time.

What do you all think of this?

The problem comes up at the visa interview and with the I-864, so filing with USCIS makes no difference, they will still want to know how you will support the immigrant after you come to the USA, and will see how you have been supporting your self when you make out the I-864.

Your situation is better than many for domicile, you just need to satisfy the conditions required for the I-864, and get a Joint-Sponsor for the I-864.

No NO NO NO NO..........absolutely not. Please don't do it that way. If, for whatever reason, this would ever come to light, you would be committing visa fraud and would pay dearly.

Figure out a way by being honest.

But I'm not lying on anything, I'm just not living at the address on the application. The address is still my home, I'm just not physically in the house. I can still receive mail there and all. There should be nothing wrong with that right? What I am considering is that I am still a resident in US, but in Jamaica visiting for an extended period of time. I don't know this is all giving me a headache now.

Hi Marlita,

I hear what you are saying. If you went back to the U.S., filed the application then went back to Jamaica to wait out the visa process, while still using your U.S. address - that's one thing - however, when you fill out the I-130, question 21:

21. If filing for your husband/wife, give last address at which you lived together (Include street, city, province, if any, and country)

It then asks for a date range that you lived there together. If you don't leave Jamaica - and proceed as you mentioned and use your U.S. address - how could you answer that honestly?

That's just one example of one question on one form - I can't remember off the top of my head if it comes up on a form later.

Anyway, in no way am I saying I'm an expert or telling you what you should do - just something to ponder.

And yeah, immigration is kind of a headache - hang in there!

Something no one has mentioned is that even if the income in Jamaica met the 125% poverty guideline, it would not count towards sponsorship unless it was going to continue after the move to the US.

I am assuming it is only the two of you. So, if your home is valued at more than about $55,000 USD (not sure if it needs to be the actual value or the amount you would profit if you sold it), you should be able to sponsor him on your home asset. If you have savings, even if they're in his name, that helps as well.

To be truly covered, a joint sponsor in the US would be good. Is that a possibility?

Hi,

Margot is quite right, as the earnings weren't there I think it wasn't brought up.

My understanding is that the value of the home as an asset is the difference between professional valuation and outstanding amount owing on mortgage and/or other liens.

I do own my home and the value or equity will be above $55k so hoefully I am good there. In amy case I guess I can also ask a parent to co-sponser. I just hate to have them get involved in getting paperwork together. I my family is a headache when it come to being organized. LOL

This is a very good point. So thats something to consider. I read back a few pages in the DCF forum and saw that there was someone else who wanted to do this same thing as me. It was suggested that the move to the foreign spouses country occur after the NOA2. That way the mail will be routed to the foreign spouse anyway. And I could be in the foreign country up until the interview and we could fly back to the US together. During this time I dont really get much info mailed out to me from NVC. So that could be a way to go.

Maybe if I apply now for my I-130 I can have an NOA2 by Christmas.

Assuming there are only two of you (you and your Husband), the 55K asset should be fine. The 2007 poverty guidelines that relate to the affidavit of support are here:

http://travel.state.gov/visa/immigrants/info/info_1327.html

You need 125% to be a sponsor, so for instance for two of you that is $ 17,113.00 - however:

When you use assets the amount is different. So if it is just your Husband you are sponsoring you will need 3 times that amount - so $ 51339.00 in assets.

If the equity in your home in the US is more than $55,000 USD and it's just you and your husband, you should be good to go without a joint sponsor. You'll just need a professional valuation of your home and the paperwork that shows how much mortgage is left to be paid.