i-864

[andywv 0]

hi,my wife resides with me in the UK ,apparently the i864 asks that she has a residence in the USA and a job,how is she supposed to do this when living here and raising two kids?

[trailmix 77]

Hi,

Good question! I basically posted the same question on the Consulate forum (my Husband and I both live in Canada). I didn't get a response.

It's an interesting scenario and I am wondering what others have used to prove income since we will, obviously, be looking for new jobs when we move to the U.S..

As far as having a domocile in the U.S., I did read that having a house or renting a residence in the U.S. can prove 'intent' as far as residence is concerned. I also found this at the Qatar U.S. embassy website (basically asking how can I have a 'domicile' for affadavit of support purposes, when I don't live there):

Q: How can the petitioner establish a domicile?

A: In cases where the sponsor has clearly not maintained a domicile in the U.S., the question becomes when the sponsor can be deemed to have re-established U.S. residence. To do this, the sponsor must have taken a credible combination of steps to make the U.S. his immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the third country.

It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above. It is important to note that in such cases, a sponsored immigrant may not enter the United States prior to the sponsor’s return to take up residence. He or she must either travel to the United States with the sponsor or at some date after the sponsor’s entry into the U.S.

[YuAndDan 153]

U.S. Domicile Is Required

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.

http://travel.state.gov/visa/immigrants/ty...1.html#Domicile

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States.
  

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

• Employment by the U.S. government
  
• Employment by an American institution of research recognized by the Attorney General
  
• Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
  
• Employment with a public international organization in which the United States participates by treaty or statute
  
• Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
  
• Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination
  

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States
  
• Locate a place to live in the United States
  
• Register children in U.S. schools
  
• Make arrangements to give up (relinquish) residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

http://travel.state.gov/visa/immigrants/in....html#_Domicile

Other thing to keep in mind, that tends to hang people in your situation, You need to file IRS returns every year, even if your income in non taxable, you may be exempt from filing taxes, but not exempt from filing.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

[beameup 0]

The Petition for Immediate Relative, I-130 is designed to "reunite" loved ones by bringing them to the United States.

The Petitioner must be "domiciled" in the U.S. and have sufficient resources - income, assets - to "Support" the immigrant(s).

hi,my wife resides with me in the UK ,apparently the i864 asks that she has a residence in the USA and a job,how is she supposed to do this when living here and raising two kids?

[pushbrk 12,222]

hi,my wife resides with me in the UK ,apparently the i864 asks that she has a residence in the USA and a job,how is she supposed to do this when living here and raising two kids?

You've gotten good answers but I wonder if you have failed to ask and answer a few questions for yourselves. If you intend to live in the USA as a family, with you as a legal permanent resident, you must have some idea how you will accomplish the practical matters associated with such an intention. Domicile and means of support are key issues. The I-864 requires that those issues be addressed BEFORE a visa is granted. We are a welcoming people and country but our immigration laws are set up to ensure immigrants don't rely on the public for their support.

[homesick_american 1]

hi,my wife resides with me in the UK ,apparently the i864 asks that she has a residence in the USA and a job,how is she supposed to do this when living here and raising two kids?

Our situation is quite similar to yours, I think.

I'm a USC living in the UK with my UKC husband. Both of us work, and we own a house. We have no children. We were successful in our IR1 visa application and compared to some of the people here we had a very easy time of it.

I do not have a 'domicile' in the US but I was the only sponsor on my husband's visa application. You don't have to live and work in the US to be a sponsor; you can use your assets. In our case we used the equity in our house as an asset and it was sufficient to clear every hurdle. I can't recall exactly how much we had to have but I want to say it was in the $80,000 region. We didn't have any proof that we intended to re-establish a domicile in the US other than the visa application itself. They did ask where we intended to live, we said we were going to stay with my parents for a few weeks while we sorted out a house to rent. That was it.

If you don't own property here or don't have sufficient equity in the property to meet the guidelines in the I-864, you'll need someone from the US, like your wife's parents, to sponsor you. Your wife has to fill out an I-864 even if she does not qualify as a sponsor because she is the petitioner.

[trailmix 77]

We are a welcoming people and country but our immigration laws are set up to ensure immigrants don't rely on the public for their support.

Ahh Pushbrk,

I hate to say this, but your answer sounds so pompous! It really doesn't have anything to do with Andy's post and it wasn't helpful, high-handed more like.

We are in a similar situation (as mentioned above) and while we are living in Canada it is poses the question as to how to prove income/domicile to the USCIS. I am just going to assume that Andy and Co have no intention of of relying 'on the public for support' and in fact they wouldn't qualify anyway due to the sponsorship!

On the other side of the coin - good answer Homesick.

Edited April 14, 2007 by trailmix

[homesick_american 1]

On the other side of the coin - good answer Homesick.

No probs...having done the DCF here in the UK I'm happy to share our experiences.