Domiciled grandfather as sponsor?

[James&Hailie 0]

Hi everyone - been reading around but this is my first post so apologies if I blunder!

My wife's an American citizen and I'm British, we married in the UK in May 2011 and have been here ever since. We're now thinking about moving to America but I'm not too clear about the requirements of the I-864.

The guidance seems to say that the signatory (sponsor) to the I-864 must be the petitioner for the I-130 (i.e. my wife) and must be domiciled in the US or intending in good faith to move to the US by the time I take up residence and have evidence of the intention (such as having taken out a lease on a property or been offered a job).

My wife's grandfather is a wealthy US citizen, domiciled in the USA and would be able to sign a second I-864. Would his domiciled status be enough?

Many thanks!!

[Penguin_ie 5,986]

*** Topic split from an old one- please post your own question in your own topic, and don't resurrect p;d topics ***

Your wife's grandfather should be ok as financial sponsor as long as he resides in the USA and has enough income or 5x the assets to qualify. Your wife will still be primary sponsor and will need to fill in a I-864 and prove she intends to return to the USA, and provide 3 years IRS tax filings.

[aaron2020 11,651]

Hi everyone - been reading around but this is my first post so apologies if I blunder!

My wife's an American citizen and I'm British, we married in the UK in May 2011 and have been here ever since. We're now thinking about moving to America but I'm not too clear about the requirements of the I-864.

The guidance seems to say that the signatory (sponsor) to the I-864 must be the petitioner for the I-130 (i.e. my wife) and must be domiciled in the US or intending in good faith to move to the US by the time I take up residence and have evidence of the intention (such as having taken out a lease on a property or been offered a job).

My wife's grandfather is a wealthy US citizen, domiciled in the USA and would be able to sign a second I-864. Would his domiciled status be enough?

Many thanks!!

No. As the petitioner, your wife, must provide proof that she has reestablished a domicile in the US or will do so before you immigrate to the US.

Your wife's grandfather's domicile is only relevant to him submitting his I-864 for you.

[James&Hailie 0]

No. As the petitioner, your wife, must provide proof that she has reestablished a domicile in the US or will do so before you immigrate to the US.

Your wife's grandfather's domicile is only relevant to him submitting his I-864 for you.

Thanks for the quick replies! The I-864 guidance says if you can show in good faith that your spouse is planning to make the US their domicile again that is enough - except the evidence they ask for is very specific - do you know other ways you can show intent than buying a house!?

Page 6 of: http://www.uscis.gov/files/form/i-864instr.pdf

Also - If Hailie needs to move back to the USA, when would be the best time to do it? Bearing in mind we'd prefer to be apart for the least time possible.

[Penguin_ie 5,986]

A lot of the domicile issue for the primary sponsor depends on your embassy, so hopefully some with DCF London experience will chime in. Some examples:

- evidence of looking for a job (emails, maybe travel over for interviews)

- signing lease/ rental agreement on US home, or at least being in touch with realtor about same.

- Current DL

- Current voters registration

- Still having bills in the USA (cell phone etc)

- Filing taxes as resident

- enrolling kids in school/ looking for daycare

[aaron2020 11,651]

Thanks for the quick replies! The I-864 guidance says if you can show in good faith that your spouse is planning to make the US their domicile again that is enough - except the evidence they ask for is very specific - do you know other ways you can show intent than buying a house!?

Page 6 of: http://www.uscis.gov/files/form/i-864instr.pdf

Also - If Hailie needs to move back to the USA, when would be the best time to do it? Bearing in mind we'd prefer to be apart for the least time possible.

During the visa interview, it is sufficient for your spouse to show that she intends to establish a US domicile to obtain an immigration visa. However, at the time you immigrate to the US, your US citizen petitioner must have a US domicile or enter with you.

See this thread from another US/UK couple; http://www.visajourney.com/forums/topic/362951-beneficiary-goes-to-the-us-before-the-petitioner/page__p__5303023__fromsearch__1#entry5303023

[JoannaV 173]

Read through this: http://london.usembassy.gov/faq_i864_domicile.html, in particular the section titled "What if I have not maintained a residence in the United States?"

[James&Hailie 0]

Thank you for all your replies! JoannaV esp your link was so helpful and makes it all seem way clearer