Advice for US Citizen Living Outside the US and Sponsorship

[ajmiyazaki 1]

Hi All,

My wife, two children and I have been living in Japan for the past ten years and are planning to return to the US next year. We have already received our NOA1 and NOA2 and are about to start the next steps, choosing an agent, sponsor, etc.

My question is this:

1. As I have been living outside of the US for the last ten years and have no US income or a US 'domicile', should I have my father be my wife's sponsor? We would prefer to all leave for the US together (I don't really want to leave my family to set up domicile, etc) and he has agreed to help out as a sponsor if necessary.

2. Can my father and I be 'joint sponsors' or would it be best if it was just him?

3. Is the 'sponsor' involved in any other part of the process besides showing he can support the immigrant financially? For example, does he have to attend any of the interviews? I'm guessing not, but I want to confirm before I make any decisions.

4. Lastly, does it matter if we are planning to live in Hawaii and my father currently lives in California?

Sorry for so many questions, I was originally planning on being her sponsor and leaving first to set up, but if we can all go together, everyone will be much happier! If there are any other items I should consider, please let me know. I really appreciate the help!

[Hypnos 6,576]

1) The petitioner is always the primary sponsor regardless of income. If your income is insufficient for your household size then your father could be the joint sponsor.

2) See 1.

3) Not the joint sponsor, no.

4) No.

You would likely need to demonstrate that you are intending to resume your US domicile before your I-864 would be accepted.

[DaveSana 13]

Good for you.

Here is my understanding:

1. As I have been living outside of the US for the last ten years and have no US income or a US 'domicile', should I have my father be my wife's sponsor? We would prefer to all leave for the US together (I don't really want to leave my family to set up domicile, etc) and he has agreed to help out as a sponsor if necessary.

YES, YOU WILL NEED ANOTHER SPONSOR. (THEY ARE CALLED "JOINT SPONSOR", BECAUSE YOU ARE ALSO A SPONSOR EVEN IF YOU HAVE NO INCOME. YOU ARE ALSO LEGALLY FINANCIALLY RESPONSIBLE FOR THEM.)

2. Can my father and I be 'joint sponsors' or would it be best if it was just him?

YOU ARE EACH SPONSORS. YOU HAVE TO BE A SPONSOR. BUT WHEN YOU DO NOT MEET THE REQUIREMENT YOU ALSO NEED TO ADD ADDITIONAL SPONSORS. YOU ARE NOT RELIEVED OF THE RESPONSIBILITY TO FINANCIALLY SUPPORT THEM.

3. Is the 'sponsor' involved in any other part of the process besides showing he can support the immigrant financially? For example, does he have to attend any of the interviews? I'm guessing not, but I want to confirm before I make any decisions.

NO. THEY JUST COMPLETE, SIGN, AND SUBMIT THE FORMS. NOTHING ELSE, USUALLY.

4. Lastly, does it matter if we are planning to live in Hawaii and my father currently lives in California?

NO, IT DOES NOT.

The issue of "DOMICILE" will likely come up. You need to show that you have or will have domicile in the US, via maintaining a place, bank accounts, credit cards, etc.

Hope that is helpful.

Dave

Edited November 22, 2016 by DaveSana

[N-o-l-a 7,168]

There is not usually the need to move back beforehand to set up domicile, but a few find it helpful. You'll have to address some of this despite having a joint sponsor. Do a forum search and a thorough reading of the directions of the I-864 for more information and examples.

Edited November 22, 2016 by N-o-l-a

[laulholley 28]

You will need to prove that you "intend in good faith to re-establish your domicile in the United States no later than the date of the intending immigrant's admission". I also have been outside the US for a while and am going through the same process. I found this thread helpful.

http://www.visajourney.com/forums/topic/463951-proving-intent-to-re-establish-domicile-without-a-residence/

Personally, I established a residence (lease) at my parents house, got quotes for shipping my motorcycle to the US, got a quote for moving my belongings to the US, got insurance quotes, and contacted the school about registering my children.

You will need to have a US address, so if you are using your father as a joint sponsor, you can use his address as your address in the US. You can even give his address as the address you intend to reside in the US, and then once you receive the green card, file form I-865 for you and form AR-11 for your spouse (these are change of address forms).

Edited November 22, 2016 by laulholley