I-864 question

[andylans 0]

How does one fill out the I-864 form if my sponsor(my wife) lives here in Canada with me? She is a Canadian PR and we intend to move back to the US together when the Visa arrives.

So of course she doesn't have a job in the US. Do I need to be looking at relatives there?

[Bobby+Umit 161]

She can't. Instructions say, "A sponsor isrequired to be at least 18 years old and domiciled in the United States, or its territories or possessions." - of course there are exceptions, look at the step by step instructions an see if she meets any.

Also, will her current income (if she is working) still be coming in when you move to the US?

Your probably looking for a co-sponsor at this point.

Edited May 8, 2009 by Bobby_Umit

[YuAndDan 153]

In order for you to get the visa and later the green card your wife MUST sponsor you, so she must provide an I-864, and I-864 REQUIRES US Domicile.

What many do in this situation is have US Citizen petitioner move back to the USA shortly after filing the petition and re-establish domicile, (Rent apartment, get mail addressed to US address, get a US drivers license, file past year's IRS returns, open a US Bank account, etc,)

They also get a joint sponsor in the USA.

MORE: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Edited May 8, 2009 by YuAndDan

[trailmix 77]

She can't. Instructions say, "A sponsor isrequired to be at least 18 years old and domiciled in the United States, or its territories or possessions." - of course there are exceptions, look at the step by step instructions an see if she meets any.

Also, will her current income (if she is working) still be coming in when you move to the US?

Your probably looking for a co-sponsor at this point.

Andy, please note, your wife is not required to move back to the U.S. before you do.

Just because she does not physically live in the U.S. does not mean that she is not domiciled there or that she does not intend to reestablish domicile before or at the same time as the intending immigrant.

This is not a question of domicile - it's a question about money.

Anyway - if she does not have income that will continue from the same source, once you move to the U.S., you have 2 options:

Use assets

Get a joint sponsor

Edited May 8, 2009 by trailmix

[trailmix 77]

You know, in thinking about this - I do not understand why people are still advising that people move back to the U.S. to establish domicile.

Anyway Andy, when it comes to reestablishing domicile - I think you might find this thread handy. Establishing domicile comes in to play when you submit the I-864 (page 5, item 15)

http://www.visajourney.com/forums/index.ph...=164618&hl=

[Bobby+Umit 161]

She can't. Instructions say, "A sponsor isrequired to be at least 18 years old and domiciled in the United States, or its territories or possessions." - of course there are exceptions, look at the step by step instructions an see if she meets any.

Also, will her current income (if she is working) still be coming in when you move to the US?

Your probably looking for a co-sponsor at this point.

Andy, please note, your wife is not required to move back to the U.S. before you do.

Just because she does not physically live in the U.S. does not mean that she is not domiciled there or that she does not intend to reestablish domicile before or at the same time as the intending immigrant.

This is not a question of domicile - it's a question about money.

Anyway - if she does not have income that will continue from the same source, once you move to the U.S., you have 2 options:

Use assets

Get a joint sponsor

It could be a question of domicile.

The OP stated the sponsor is an PR of Canada, who is currently living in Canada, one could take that as this person does not have a domicile in the US, however, the OP didn't provide enough information to make the call if she needs to re-establish a domicile, hence the advice to read the step by step instructions and see which one applies to the petitioner.

Part 4 Section 15 of the I-864 is the pertinent section.

If she doesn't have a domicile, then she needs to establish one before sending in the I-864. But, I don't know that.

Edited May 8, 2009 by Bobby_Umit

[trailmix 77]

She can't. Instructions say, "A sponsor isrequired to be at least 18 years old and domiciled in the United States, or its territories or possessions." - of course there are exceptions, look at the step by step instructions an see if she meets any.

Also, will her current income (if she is working) still be coming in when you move to the US?

Your probably looking for a co-sponsor at this point.

Andy, please note, your wife is not required to move back to the U.S. before you do.

Just because she does not physically live in the U.S. does not mean that she is not domiciled there or that she does not intend to reestablish domicile before or at the same time as the intending immigrant.

This is not a question of domicile - it's a question about money.

Anyway - if she does not have income that will continue from the same source, once you move to the U.S., you have 2 options:

Use assets

Get a joint sponsor

It could be a question of domicile.

The OP stated the sponsor is an PR of Canada, who is currently living in Canada, one could take that as this person does not have a domicile in the US, however, the OP didn't provide enough information to make the call if she needs to re-establish a domicile, hence the advice to read the step by step instructions and see which one applies to the petitioner.

Part 4 Section 15 of the I-864 is the pertinent section.

If she doesn't have a domicile, then she needs to establish one before sending in the I-864. But, I don't know that.

That is all true. Everyone who DCF's is living in another country - it's not hard to prove domicile really - but it is a valid consideration.

However I don't think recommending that someone consider moving away from their spouse and back to the States - based on the information we have - is sound advice...do you?

[Bobby+Umit 161]

She can't. Instructions say, "A sponsor isrequired to be at least 18 years old and domiciled in the United States, or its territories or possessions." - of course there are exceptions, look at the step by step instructions an see if she meets any.

Also, will her current income (if she is working) still be coming in when you move to the US?

Your probably looking for a co-sponsor at this point.

Andy, please note, your wife is not required to move back to the U.S. before you do.

Just because she does not physically live in the U.S. does not mean that she is not domiciled there or that she does not intend to reestablish domicile before or at the same time as the intending immigrant.

This is not a question of domicile - it's a question about money.

Anyway - if she does not have income that will continue from the same source, once you move to the U.S., you have 2 options:

Use assets

Get a joint sponsor

It could be a question of domicile.

The OP stated the sponsor is an PR of Canada, who is currently living in Canada, one could take that as this person does not have a domicile in the US, however, the OP didn't provide enough information to make the call if she needs to re-establish a domicile, hence the advice to read the step by step instructions and see which one applies to the petitioner.

Part 4 Section 15 of the I-864 is the pertinent section.

If she doesn't have a domicile, then she needs to establish one before sending in the I-864. But, I don't know that.

That is all true. Everyone who DCF's is living in another country - it's not hard to prove domicile really - but it is a valid consideration.

However I don't think recommending that someone consider moving away from their spouse and back to the States - based on the information we have - is sound advice...do you?

Yes, I agree, that is why i didn't suggest they move away, but to see which of the exceptions she could use.

[andylans 0]

We already have bank accounts in the US and a mailing address. Proving domicile in the US is not really what is worrying us. It's her being able to support me where I am the one who works here. We made the choice for her to stay home( since finding a job for her here proved difficult in her field since she was not bi lingual) to avoid the daycare costs. And once we are granted a green card I would be the one working there.

So it is looking like we might need to go the co sponsor route but I intend to try and get some sort of confirm employment before we move.

[trailmix 77]

We already have bank accounts in the US and a mailing address. Proving domicile in the US is not really what is worrying us. It's her being able to support me where I am the one who works here. We made the choice for her to stay home( since finding a job for her here proved difficult in her field since she was not bi lingual) to avoid the daycare costs. And once we are granted a green card I would be the one working there.

So it is looking like we might need to go the co sponsor route but I intend to try and get some sort of confirm employment before we move.

Good idea for you to start looking at getting a co-sponsor - or alternately actually getting a U.S. job before you move (an offer of a job will not carry any weight). Good luck.

[andylans 0]

We already have bank accounts in the US and a mailing address. Proving domicile in the US is not really what is worrying us. It's her being able to support me where I am the one who works here. We made the choice for her to stay home( since finding a job for her here proved difficult in her field since she was not bi lingual) to avoid the daycare costs. And once we are granted a green card I would be the one working there.

So it is looking like we might need to go the co sponsor route but I intend to try and get some sort of confirm employment before we move.

Good idea for you to start looking at getting a co-sponsor - or alternately actually getting a U.S. job before you move (an offer of a job will not carry any weight). Good luck.

My guess is that someone would be reluctant to hire with out the green card or SIN in hand. Some might so I will make sure all bases are covered and get the co-sponsor which is not going to be a problem.