I-130 with Petitioner overseas

[OriZ 3,157]

Hi guys, this is my first message here but I've been reading for a while and find this forum very helpful. My wife is an American citizen, we got married in Nov 2009, and she's been temporarily living in Israel with me since July 2009. We now want to go ahead and file the I-130 so that we can return to the states together. I anticipate no trouble in the first stage being we've been living together overseas for over 3 years so obviously it was not done with any wrong intentions and we have alot of proof for that(pictures, chats and emails, the fact we've lived together in Israel for 3 years, affidavits and more). However, my concern is about the affidavit of support. Being my wife has been staying in Israel with me for the last 3 years, what would satisfy the requirements that she could support me in the states? Would a letter from her brother in law that he will hire her in his business suffice?

Any help would be appreciated

Thanks!

[Jasontnyc 9]

Hi guys, this is my first message here but I've been reading for a while and find this forum very helpful. My wife is an American citizen, we got married in Nov 2009, and she's been temporarily living in Israel with me since July 2009. We now want to go ahead and file the I-130 so that we can return to the states together. I anticipate no trouble in the first stage being we've been living together overseas for over 3 years so obviously it was not done with any wrong intentions and we have alot of proof for that(pictures, chats and emails, the fact we've lived together in Israel for 3 years, affidavits and more). However, my concern is about the affidavit of support. Being my wife has been staying in Israel with me for the last 3 years, what would satisfy the requirements that she could support me in the states? Would a letter from her brother in law that he will hire her in his business suffice?

Any help would be appreciated

Thanks!

There is nothing wrong with the USC living aborad and in fact doing so will strengthen your case in some ways (included gettting prioritized for NOA2 which speeds up the process by 4 months). What the USC will need to show is US domicile which for your situation means INTENT. So things that help? US Drivers License, Credit Cards with US address, Get a moving company to quote you for a move to the US, the letter of employment you mentioned, a letter stating you will be living somewhere in the US (rent agreement, relative stating it, etc), US bank account, listing your property in Israel for sale, etc etc. Think of everything that may be a tie for the USC to the US and add that to your proof as well as anything that shows intent to move.

Start now as it may take time to put that all together (that all took the longest for me).

Edited September 4, 2012 by Jasontnyc

[Penguin_ie 5,994]

No, a letter from the brother will not be enough. She has three options:

- return before you, start the job with the brother, have paystubs to show by the time your interview comes around.

- Sponsor on assets; she needs 3 times the 125% poverty level.

- Have the brother (or any other US citizen or greencard holder based in the US) be co-sponsor; ie stand guarantoor for nyou and fill in their own I-864, bring tax returns etc

[OriZ 3,157]

Thanks to both of you. This is what confuses me, everyone seems to be saying different things. I've been reading on this website like I've mentioned and seen this subject arise before, but people would say different things which is why I decided to start my own thread hoping to get clearer answers. Is there anyone that has tried X and it worked? or anyone that has tried X and it failed? Anyone with prior experiences?

[Harpa Timsah 13,258]

Penquin's post addresses the Affidavit of Support you must complete, and Jasontnyc addresses the intent to reestablish domicile issue. They are two separate things. The letter promising employment is good for intent to reestablish domicile, but not for the I-864 affidavit of support.

[OriZ 3,157]

Gotcha. Well, being she does not have over $70,000 in assets, and really we would prefer to go to the states together, I guess our only option is finding a co-sponsor.

[Jasontnyc 9]

Penquin's post addresses the Affidavit of Support you must complete, and Jasontnyc addresses the intent to reestablish domicile issue. They are two separate things. The letter promising employment is good for intent to reestablish domicile, but not for the I-864 affidavit of support.

Good summary - See below. My point was the need for Domicile Intent which ONLY applies when the USC lives abroad

From http://www.visajourney.com/forums/topic/386421-nvc-filers-september-2012/

What is needed in the AOS package?

Generally, the following is needed:

With no joint sponsors:

- Bar-coded cover sheet from payment portal

- Cover letter (optional)

- Completed, signed, and dated I-864 form by petitioner

- Tax information* of petitioner (either just the last year OR the last 3 years)

- Employment letter of petitioner (optional, but good proof of CURRENT income)

- Pay stub(s) of petitioner (optional, but good proof of CURRENT income)

With joint sponsors:

- All of the above of the petitioner

- Completed, signed, and dated I-864 of joint sponsor

- Tax information* of joint sponsor (either just the last year OR the last 3 years)

- Proof of US citizenship/residency of joint sponsor (ex: copy of US passport, US birth certificate, US naturalization certificate, or front & back of green card)

- Employment letter of joint sponsor (optional, but good proof of CURRENT income)

- Pay stub(s) of joint sponsor (optional, but good proof of CURRENT income)

If the joint sponsor is a household/family member, also include proof of that relationship (example: if a parent is a joint sponsor, include the petitioner's birth certificate with parents' name on it to show link).

*You have two choices here of what to send in:

- Tax return transcripts ordered from IRS (preferred by NVC and of most consulates/embassies) RECOMMENDED

OR

- Tax returns (1040) and W2s and any other schedules (if applicable)

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 5 and 6) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

Thanks to VJ member lemayz for this suggestion!

Edited September 4, 2012 by Jasontnyc

[Harpa Timsah 13,258]

Jason - good list, but I see a mix of "proof of retained domicile" and "proof of intent to reestablish domicile." One of those paths should be chosen, and stuck with, don't you agree?

[Jasontnyc 9]

Jason - good list, but I see a mix of "proof of retained domicile" and "proof of intent to reestablish domicile." One of those paths should be chosen, and stuck with, don't you agree?

I see your point but I included a mix which in my opinion shows that my time abroad was temporary and I always intended to return. Things like keeping your drivers license or a US bank account are examples. Those things being the case, I'm also showing that I'm planning to return back within 6 months ie moving quote (since that is the VISA requirement).

It isn't an exact science so people need to decide what they are comfortable with and may be dependent on the country they are coming from.

The NVC doesn't give any specifics so its all just a guess.

[OriZ 3,157]

Thanks everyone, much appreciated. Better to figure out a co sponsor now than wait for the NVC.

[OriZ 3,157]

Ok so a possible co sponsor is a friend of my wife's who is much older than her and retired. She does get retirement income, so would that count?

Also, any tips on how to assemble everything in the I-130?(NOT the AOS)

What should be stapled, what should NEVER be stapled, I know it's just a little iffy so any recommendations would be welcome

Thanks!

[Ryan H 3,813]

What should be stapled, what should NEVER be stapled, I know it's just a little iffy so any recommendations would be welcome

Don't staple anything, just use clips.

[Jasontnyc 9]

Ok so a possible co sponsor is a friend of my wife's who is much older than her and retired. She does get retirement income, so would that count?

Also, any tips on how to assemble everything in the I-130?(NOT the AOS)

What should be stapled, what should NEVER be stapled, I know it's just a little iffy so any recommendations would be welcome

Thanks!

As stated , no staples - A lot of people do a cover sheet which is a good idea

[ktb 15]

I am the petitioner living abroad and we are going through the process now. For the I-130 I don't think it's necessary to include any financial information or intent to establish domicile in the US. We included in ours the required forms plus pictures from our 4 years together (including our wedding), joint lease, and joint bank account information as proof of relationship.

For the AOS, we have a joint sponsor in the US (my mom) who has to file an I-864 as well as the petitioner (me). I am using the example letter that was posted above and including my current US drivers licence, US bank account info and US 401k plan all with the same address (my mom's). I am also including 2 quotes for moving our stuff back to the states.

I believe retirement income does count, however it has to be 125% above the poverty line. Search on the uscis website for I-864P form and that will give you the exact amount your joint sponsor must make in order to qualify as a sponsor for you.

Also, make sure to apply for your police checks waaaaaaaaaaay early, as that can hold up the process.

[OriZ 3,157]

Ok clips - point taken, cover sheet - did one...any more ideas?

Also, documents that need to be translated...should they be notarized too or just translated would be enough(with a certification of course)