I-864 Torture - Any thoughts invaluable!!

[coolrunnings888 0]

Hi Folks,

My wife (US Citizen) and I (UK Resident) are pursuing the DCF route and are trying to work our way through the I-864 (and I-864A) it’s fair to say we are really struggling to apply this form to the DCF situation and if you folks had any thoughts they would be invaluable!!

Basics:

- Married spouse (US Citizen) in the US in Nov-14 (while on J-1, No HRR), we returned to UK in March

- Filed I-130 a few months ago and had it approved / forwarded on to embassy (LND number assigned) without any issues. (CR1 Route being followed)

- Currently preparing I-864 and finding it one of the more treacherous documents of all our various immigration forms over the years

- Upon return to the US we would intend on living with my Spouse’s parents (who will also be our co-sponsor)

Spouse Income

My spouse (the petitioner) currently has temporary employment in the UK – obviously this will cease upon return to the US. Therefore on what basis does she complete Part 6 – Sponsor’s employment and income? Is she really meant to input her current earnings here even through it will discontinue upon leaving the UK?

Household Size – Co-Sponsor

My spouse’s father will act as my co-sponsor with annual salary earnings of c$45kpa. He lives with my spouse’s mother, his wife (retired), and they file taxes jointly.

For determining the household size I calculate the following

- Sponsored Person – 1

- Himself - 1

- His Spouse – 1

- Total 3

Assuming 3 – 125% X $20,090 =$25,112 (clearly within threshold)

I have read elsewhere that my spouse should also be considered in this calculation as we will move back in with him upon return – however I simply do not see a “box” for that in the I-864 – have I missed something? Ultimately, having a household size of 4 does not change the decision however keen not to make a mistake.

My spouse’s father (co-sponsor) also files taxes jointly with his (retired wife) – does she also become a co-sponsor? (i.e. does she become the second of 2 sponsors?) I understand she also has to complete the I-864A?

Further she gets around $10k p/a of social security – does this count as income for the purposes of the determination?

Domicile

Conscious that we also need to prove my spouse’s US domicile (as she has been living in the UK for 6 months) – my spouse (the petitioner) had planned to send a letter detailing the following pieces of evidence in this regard:

i) Copy of 2014 Federal Tax Return

ii) Copy of US Bank Account Statement (US Address) with c$15k savings.

iii) Copy of her UK contract of employment which is fixed term (maternity cover)

Is there anything else you folks feel that needs to be included here?

Apologies in advance for all the questions – this form is definitely the worst I have come up against to date!

[Penguin_ie 5,994]

- your spouse should fill in 0, because it will be 0 when you immigrate/ when it matters. Some petitioners have filled in their income from abroad, but it doesn't count, so filling in 0 is more accurate and less likely to confuse the CO.

- Yes your sponsor makes enough. The US citizen petitioner does not count. the co-sponsor should fill in I-864, and the wife fills I-864 as they file taxes jointly, to show she agrees with the sponsoring. Her income can be counted, even if untaxed due to source.

- Domicile sounds good. Does she have anything else? Such as valid US drivers license, cell phone contract, furniture in storage etc? That can help too, as can concrete proof of plans to return, such as emails with a realtor of you looking for a home, letter from the parents saying you will live with them, evidence of resumes sent to prospective employers etc