I-864 Domicile, NVC FAQ

[mangu 0]

Hello Community,

I just found something among the NVC FAQ that made me worry - but should I be?

So so far I thought it is okay to put not the US in the I-864 domicile field if you can show enough proof for intending to return to the US. However I discovered this on the NVC website> http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

Then it states later that it might be okay to live abroad. So what exactly is a good strategy here? My sponsor has lived (and still is) with me only for 6 months abroad, but is in a possession of a 5 year residence permit.

What should I make of this FAQ? The I-864 instruction is not this direct.

[aleful 1,905]

hi

he is not moving to your country, he should be leaving soon to not have issues with his GC, but he lives in the US, so you should put his US domicile on the form

the purpose of having a green card is to live in the US, so he must return and live in the US

he should have filled the i864 and put his US domicile, have him fill out that part, just in case he gets an RFE or you can take the corrected i864 to the interview if you don't get an RFE

Edited December 19, 2015 by aleful

[mangu 0]

Sorry should have been more specific:

My US citizen wife lives with me abroad. She is the one filing the I-864 for me. And she doesn't know which country to put for domicile.

[aleful 1,905]

hi

that's totally different

the US, where are you intending to live, does she have parents, friends if she doesn't have a house or apartment to arrive to?

where are you going to live once you get here?

some put parent's address

she must prove domicile in the US, that she has not abandoned the US, does she have a bank account, address in the US? the same proof of domicile should be the same address of the i864

Edited December 19, 2015 by aleful

[mangu 0]

We have a letter from his dad saying that we are welcome to stay there.

Problem is: USCIS has our non US address on the I-130.

So should we put the US address on the I-864 with a letter saying that after the I-130 got approved, that obviously changed circumstances, and now we are in the process of going back hence we write the US address now?

[aleful 1,905]

hi

no, you don't need to, it is fine to send the i130 from abroad

some file abroad and then return later to the US at some point in time, some to get a job or other situations

as long as she can establish US domicile and have proof that she hasn't abandoned the US

she should have her mail sent there, or return for a little bit to open a bank account

how long does she plan to stay? until you get your interview?

[mangu 0]

So we were living the US and we had to return to my home country so we didn't file for Adjustment of Status there.

Yes she is staying here until I get the visa.

We still have our US bank accounts, pay student loans, order from Amazon from them etc.

So would you suggest putting her physical address the US one (his dad), and the mailing the abroad one? Or mailing the US, physical abroad? Or both US?

Thanks so much!

[aleful 1,905]

hi

everything of the US I would believe, since she is only staying temporarily in your country, but her country of domicile is the US

how long did you stay in the US and on what visa did you enter the US?

[mangu 0]

She definitely is staying only temporarily, but when we submitted the I-130 we wrote staying for a few years (at that time we thought that, no longer though).

So that's why I thought of the letter explaining the change?

We were there for 1 year, J1 visa (no 2 year residence requirement)

[aleful 1,905]

hi

no need, if the immigration officer asks a question about it, then you reply, but don't give out anymore information that you are not required to, people change their minds

[mangu 0]

Well, we were actually thinking that my wife would come to the interview as well but seeing your point it might not be a good idea after all ..

[aleful 1,905]

hi

she can stay or she can come for a few days and return, since she has a joint sponsor, she has no obligation to work, others do

as long as she has proof of domicile, you will be fine

[mangu 0]

Thanks so much for all your input aleful, really appreciate it!