I-864 question

[Ajkauffman 0]

Hello All,

I have a question about the I-864. By way of background I am a US citizen by birth living abroad (and have done for many years). My wife (an Australian) and I would like to move back to the USA. As such I have submitted a I-130 filing from outside the USA. It was sent last week to the Chicago locked box. I have not gotten a notification from the processing centre yet (too soon). However I am already preparing the next round of documents in order to speed up the process. While reviewing the I-864 form and instructions last night I noticed that the form seems to require that the Sponsor resides in the USA (has a US domicile). I dont have that as I have lived overseas for many years.

We both make decent incomes however our employers are non-US employers, they do not provide W2 forms and we will both be getting new jobs in the USA (so the jobs wont be ongoing from the current employers).

Given that I cant include the USA as my current country of domicile and we dont have work histories in the USA or ongoing jobs with a current US firm how do we fill out and get the the I-864 form approved? I presume this must not be a unique experience as many US expats live overseas, get married overseas and then move back to the USA...?

Can someone with experience or knowledge about this little conundrum help me with how to proceed with this?

Thanks very much in advance.

[Anh map 2,098]

You will need to establish US domicile as part of the process.

You file an I-864 as your spouse's primary sponsor regardless of income.

You must show your last 3 year's US tax returns or explain why you were not required to file. (The US taxes on worldwide income.)

From what you are saying you will require a joint sponsor. That can be any US citizen or Green Card holder.

Read through the I-864 FAQ link in my signature below. It may contain some helpful information.

[Scott & Ale 3]

You will need to establish US domicile as part of the process.

You file an I-864 as your spouse's primary sponsor regardless of income.

You must show your last 3 year's US tax returns or explain why you were not required to file. (The US taxes on worldwide income.)

From what you are saying you will require a joint sponsor. That can be any US citizen or Green Card holder.

Read through the I-864 FAQ link in my signature below. It may contain some helpful information.

If they have decent income though they may also have enough assets and they may not require a joint sponsor, but the key I see is the US tax returns as you already pointed out, my brother made the mistake thinking that because he did not live in the US he did not need to do the US tax returns even though he would not have had to pay anything in was still a mountain to do the paperwork).

Establishing a US domicile is actually very easy, the USC just has to enter the US before or at the same time as the green card holder. If at the same time just carry a letter from a family member stating that you would be staying with them etc.

[Ajkauffman 0]

Hi Anh Map and Scott & Ale,

Thank you for the advice.

On Taxes - I have been filing tax retuns all the while I have been overseas and have ordered tax transcripts for the last three years from the IRS. As I was paid overseas by a non-US institution though I don't have W-2s but hopefully that wont be a big stumbling block.

On Assets - We do have sufficient cash assets to cover the requirement under the asset test.

The US domicile was the core issue for me because I was worried that was the core question which determined how they assessed even the asset test (just an assumption on my part.) If I can establish a US domicile by having a letter from a fmaily member stating we will stay with them then that is very easy. I can get a letter from my sister or parents and sort that out.

Thanks again

[Scott & Ale 3]

If you have tax transcripts then no W-2s are required....that is the benefit of going with the IRS transcripts as it cuts down the documentation. Sounds like you are green for take off now.

Good luck