Question about I-864 joint sponsor

[ericmclester 0]

Sorry if I'm not following forum rules - I'm new here

I am an American living overseas in Indonesia, and my wife is Indonesian. (Edit: I have been living in Indonesia since 2012.) We are working on her visa and we are currently gathering the documents for the NVC (among them, the I-864).

I am not currently working, so I intend to use my mother as a joint sponsor to meet the minimum income requirements. She is well above the poverty level and there shouldn't be any problems.

However, I'm confused about some of the wording in the instructions for the I-864. It says that the petitioner must establish a domicile in the USA. Is it impossible for me to petition for my wife from abroad, even with my mother as a co-sponsor? Do I need to submit an I-864 with me as the sponsor, and a separate I-864 with my mother as a joint-sponsor? Is her home (my future address, as well) enough to count as me having established a domicile as well?

Thank you very much for your help in advance,

Eric

Edited April 7, 2016 by ericmclester

[teeak 224]

Yes, you need to submit an I-864 along with all financial documentation (most recent tax return or statement stating why you didn't need to file -- just note that as a USC even if you live abroad, you are required to file taxes). Your mother will submit a second I-864 as a joint sponsor.

Nope, unfortunately not. You need to enclose evidence that you have maintained domicile or are intending to re-establish domicile prior to your wife immigrating.

If you scroll down to Section 6, there's a passage on domicile listing documents that you can provide to evidence it:

http://www.visajourney.com/wiki/index.php/NVC_Process#Step_6_-_Gather_AOS_Package

[NigeriaorBust 4,088]

You have to show that you will be in the US when your wife is granted a visa. Plans on where you will live , work.

[ericmclester 0]

Thank you very much for your help, teeak.

In your experience, is providing proof of US domicile something that often holds back an application? Looking over the list that you linked, I have maintained a bank account and left my car in the care of my parents, but I don't have much else to "prove" that I intend to domicile in the US. I have a wife and child (2 yo) and we're hoping to move back together to live with my mom while I look for work in the US so my son can go to school here in a few years. Is this domicile issue likely to hold back my application?

Thanks again

[teeak 224]

Hi,

Yes, I've seen cases where the CO is very strict about this matter since the visa is meant for family "reunification". It may or may not be enough that you have maintained a bank account and a car. I would suggest taking further steps to prove that you indeed intend on moving back. Perhaps, obtaining a lease agreement, job offer letter among other things that were listed in the link above.

Here's a thread that may be of value: http://www.visajourney.com/forums/topic/457357-denied-due-to-lack-of-domicile/

You can search through the forum for some more instances where domicile was an issue.

[LionessDeon 2,061]

Some recent threads you can read regarding domicile:

http://www.visajourney.com/forums/topic/591649-arguing-for-having-maintained-domicile-in-the-usa-despite-3-years-abroad/

http://www.visajourney.com/forums/topic/582364-help-domicile-issues-us-citizen-born-abroad/

[ericmclester 0]

I have a followup question about proving domicile in the US.

I have gathered some documents, and among them is my expired driver's license (Texas). Is it better to include it (as proof that I lived and worked and had a car, etc in the States), or is it better to exclude it (because it is expired, it does more harm than good for my application)?

Thanks

[teeak 224]

Hmm, I don't think it'll have much value since you're trying to show that you have maintained domicile in the US. An expired license won't evidence that the tie has been maintained. If you wanted to evidence your intention of re-establishing domicile then you could renew the license and submit it as evidence.