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stet5811

Can my brother Co-Sponser?

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Hey ya'll, I am currently in the process of filling out my packet three for my fiance. Unfortunately I am approx. $2500/ year short to meet the 125% of poverty for a family of four and I don't have enough assets to make up the difference. I have been looking for new employment, but in this economy, so far no dice. So now since I am getting down to the wire my older brother has offered to co-sponsor. He is a US citizen, but he resides full time in the U.K. with his family. He works for an American firm over there and he still pays his U.S. taxes on top of his U.K. I need to know if he can co-sponsor since he doesn't live in the U.S anymore, but is a U.S. citizen. His salary is substantial, plus he has a good amount of assets. He can also provide IRS tax info.


TIMELINE:

10/13/09 - Filed I-129F

10/17/09 - Received NOA1

02/23/10 - NOA2!!

02/25/10 - Received at NVC

03/11/10 - Left NVC

03/15/10 - Delivered to Jerusalem Consulate

04/08/10 - Packet 3 received.

05/28/10 - Packet 3 mailed back to Consulate.

06/28/10 - Packet 4/ Interview letter received!

07/16/10 - INTERVIEW!!!

07/16/10 - APPROVED!!!!

08/01/10 - Visa delivered by mail.

10/21/10 - Flew into the US!!! Finally here!!!

11/14/10 - Married!!!!!!!

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He would have to prove US domicile- he may fall under the "temporary basis" - since he is working for an US company. (falls under the case by case scenario)

Domicile

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

  • He/she left the United States for a limited and not indefinite period of time,
  • He/she intended to maintain a domicile in the United States, and
  • He/she has evidence of continued ties to the United States.

Source


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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He would have to prove US domicile- he may fall under the "temporary basis" - since he is working for an US company. (falls under the case by case scenario)

Source

This is terrific information to get a definitive answer like this. :thumbs:

Edited by Audy_Rob

Naturalization N-400

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