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kilo20

Questions regarding I-864

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Filed: Timeline

I am also a newby to this site and have also found much useful information. I have a question regarding the I-864 form. Please allow me to explain my situation as it will help you better answer my question.

I am an American married to a Korean. We got married in the States but decided to wait to apply for the green card because we wanted to move to Korea for a year. We are now living in Korea applying for her visa. We have been here for 5 months and have been married for 1 year. I need to fill out the I-864 form. I am having trouble with whether or not I should use the address here in Korea or do I apply as if I were still in the states? I have a valid Michigan Drivers license with an address where my mail goes to. This is one of my biggest hang up. Or do I need to file for a new location meaning, that I moved? Please help!

Thank you for your time.

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Filed: Citizen (apr) Country: Greece
Timeline

I am also a newby to this site and have also found much useful information. I have a question regarding the I-864 form. Please allow me to explain my situation as it will help you better answer my question.

I am an American married to a Korean. We got married in the States but decided to wait to apply for the green card because we wanted to move to Korea for a year. We are now living in Korea applying for her visa. We have been here for 5 months and have been married for 1 year. I need to fill out the I-864 form. I am having trouble with whether or not I should use the address here in Korea or do I apply as if I were still in the states? I have a valid Michigan Drivers license with an address where my mail goes to. This is one of my biggest hang up. Or do I need to file for a new location meaning, that I moved? Please help!

Thank you for your time.

You can move to America in advance of your spouse and that would resolve the domicile issue (and of course you'd then use your US address on the I-864).

If you want to stay in Korea and move over together, then you'd have to use your Korean address, but have documentary evidence of either being in Korea temporarily, or intending to re-establish US domicile.

In your case, since you've only been in Korea for a few months, the first one sounds like an easier option. Apart from your drivers license, use proof of any US bank accounts that you've maintained, your US tax returns, proof of your voting record, proof of address in the US (it can be some relative's), proof of owning a vehicle in the US etc etc. And also show them proof of job hunting and house hunting in the US, or arrange to stay with a relative/friend to begin with and have them write and sign a letter stating so. Anything that will show them that you have maintained your ties with your country and that you have every intention of going back.

Good luck!

My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

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Kilo20, in the I-864 you are asked both your mailing address and your place of residence. You can use your mailing address in the US and your place of residence in Korea. Then, in question 15 I belive it asks you what your country of domicile is; you can answer the United States and then attach a sheet to the Affidavit explaining:

As indicated in the step-by-step instructions for Form I-864 Part 4 Item 15 Country of Domicile, “if your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement”.

In order to meet the domicile requirement I would like to submit the necessary evidence to confirm that I intend in good faith to reestablish my domicile in the United States no later than the date the intending immigrant I am sponsoring (my husband) is admitted to the United States.

Make sure you attached the evidence to support this (bank account statements, driver license, voting record, etc) intent to move back to the US.

Good luck!

My Visa Journey:

Dec-15-2008..... Got Married!

Aug-20-2010..... Filed I-130 at U.S. Embassy

Sep-15-2010..... NOA 1 Received

Sep-23-2010..... Packet 3 Instructions Received from U.S. Embassy

Nov-19-2010..... Packet 3 Handed in to U.S. Embassy

Nov-19-2010..... Packet 4 (Appointment Letter) Instructions Received from U.S. Embassy

Nov-20-2010..... Medical Examination Completed

Dec-06-2010..... Interview - Visa Approved!

Dec-13-2010..... Visa In Hand!

May-02-2011..... Port of Entry - IR-1

May-16-2011..... Social Security Card Received

May-21-2011..... Green Card Received

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Filed: Timeline

Kilo20, in the I-864 you are asked both your mailing address and your place of residence. You can use your mailing address in the US and your place of residence in Korea. Then, in question 15 I belive it asks you what your country of domicile is; you can answer the United States and then attach a sheet to the Affidavit explaining:

As indicated in the step-by-step instructions for Form I-864 Part 4 Item 15 Country of Domicile, “if your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement”.

In order to meet the domicile requirement I would like to submit the necessary evidence to confirm that I intend in good faith to reestablish my domicile in the United States no later than the date the intending immigrant I am sponsoring (my husband) is admitted to the United States.

Make sure you attached the evidence to support this (bank account statements, driver license, voting record, etc) intent to move back to the US.

Good luck!

Thank you, this was very helpful and clear. i really appreciate that!

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Thank you, this was very helpful and clear. i really appreciate that!

It's all in the I-864 instructions. :)

Glad to help! Good luck!

My Visa Journey:

Dec-15-2008..... Got Married!

Aug-20-2010..... Filed I-130 at U.S. Embassy

Sep-15-2010..... NOA 1 Received

Sep-23-2010..... Packet 3 Instructions Received from U.S. Embassy

Nov-19-2010..... Packet 3 Handed in to U.S. Embassy

Nov-19-2010..... Packet 4 (Appointment Letter) Instructions Received from U.S. Embassy

Nov-20-2010..... Medical Examination Completed

Dec-06-2010..... Interview - Visa Approved!

Dec-13-2010..... Visa In Hand!

May-02-2011..... Port of Entry - IR-1

May-16-2011..... Social Security Card Received

May-21-2011..... Green Card Received

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