Filed I-130 and Looking Ahead

[aywang 169]

I (US Citizen) have just filed I-130 for my husband.  We have been living abroad in Asia for the past 18 years, and intend to move back with our children when his visa gets issued.  A couple of questions:

 

(1) Financial support - I work in and is current with my U.S. taxes.  However, given my domicile outside of U.S., I don't think I can sponsor him?  Do I need to ask my parents or my brother to sponsor him?  My dad, though 70+, is still working.  Alternatively, can we show financial support for ourselves with our savings (though under the beneficiary's name)?

 

(2) Proof of intention to move back - I understand that we will need to prove our intention to move back.  However, we don't want to lease a house abroad (too much to deal with)...and we intend to stay with my brother for a few weeks until we get our own house.  We can't register our children for school either without a lease.  Any advice on how to prove intention?

 

I know that it will probably be a 5-7 months wait, but want to start getting prepared.

[nightingalejules 678]

1. Sponsorship:

• You, as the spouse, ARE the Sponsor.
• However, you are right, you will not be able to use your foreign income to qualify for the financial end of the sponsorship.
• You can use savings, (either yours or his or both) but the amount of assets must be equal to (I believe) 5 times the amount you would need to have in income. (So if 125% of poverty level for 2 people (you and him) is $20000 USD you would need $100000 USD in savings.)
• Your children need to count in this calculation (since they are also your dependents) so your "household" amount would be higher.
• If you don't have that amount, you need a joint sponsor, who needs to be a US citizen residing in the US. Parents, brother, friend, whoever. The joint sponsor needs to have a salary equal to 125% of poverty level for their household (eg Your Dad + Your Mom (if she's listed as a dependent on his taxes) + your hubby = 3 people. 
• I don't think your children count for this calculation, since your kids are not "immigrating" - they're citizens (if you haven't got them registered as citizens yet, do so now)

2. Proof of Intent to Re-Establish Domicile

• If you're going to live with your brother (at least at first) have him write a letter to that effect.
• Do you still have any active US bank accounts? Savings? Investments? Include statements
• Have you kept your voting registration current? If not, can you register yourself now and include that.
• Get quotes for shipping your stuff
• Make enquiries about enrolling your kids in the local schools and include any correspondence
• Are you a member of any professional associations in the US? Can you join any? (this apparently was a big deal at my interview - I told them that my husband had rejoined the Musicians' Union Portland Local and she got all excited... for what that's worth) Include membership information
• Have you begun your job search? There's probably no documentation you can include, but you can mention it in a cover letter, along with your basic plan to find work back in the US.
• Also in your cover letter, mention your plans about when to give notice at your job, apartment, etc

If you have insufficient evidence of intent to reestablish domicile, you will probably not be denied, but rather be issued a 221g for more proof. This is the point where you will have to jump - and go back to the US yourself (or with the kids), get a place, get the kids into school, get a job lined up, etc, and send that evidence back to them, at which point the visa will be issued.

[aleska 27]

I'm also in a similar situation, having lived in Indonesia for the past 6 years. Obviously, I'm not an expert on all this, but what I've learned I'm happy to share.

 

There's a really helpful NVC Wiki that @Saylin put together here: http://www.visajourney.com/wiki/index.php?title=NVC_Process. It's awesome. 

 

1 hour ago, aywang said:

(1) Financial support - I work in and is current with my U.S. taxes.  However, given my domicile outside of U.S., I don't think I can sponsor him?  Do I need to ask my parents or my brother to sponsor him?  My dad, though 70+, is still working.  Alternatively, can we show financial support for ourselves with our savings (though under the beneficiary's name)?

(1) As mentioned before, you must sponsor your husband because you are his spouse. You may, however, get a Joint Sponsor to meet the income requirements for the NVC. As mentioned earlier, the 5:1 rule applies for all savings. 

 

Those taxes you filed will help toward proving that you maintained ties with the US, though honestly every expat has to file them, so they're more of a necessity than anything. I have been surprised though by the number of expats I've known here who don't think they have to file even though they meet the minimum income requirement.

 

1 hour ago, aywang said:

(2) Proof of intention to move back - I understand that we will need to prove our intention to move back.  However, we don't want to lease a house abroad (too much to deal with)...and we intend to stay with my brother for a few weeks until we get our own house.  We can't register our children for school either without a lease.  Any advice on how to prove intention?

 

(2) @Saylin gives a really helpful letter that you should include when you file the AOS Packet during the NVC Phase. She lists out all of the items mentioned above that are helpful to proving ties and intention of moving back to the US.

 

NAME

SOCIAL SECURITY NUMBER

Form I-864

Part 4, Question 5: Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principal residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

 

Edited May 11, 2017 by Alex and Eska

[aywang 169]

@nightingalejules @aleska   Thanks for all your tips.  Now I have a better idea (let's start with updating my voter registration!).