Affadavit of Support and domicile question

[Jack85 0]

Hi There, 

I Have been a reader of this forum for quite some time and it has helped me immensely with preparing my K1 visa application. My partner and I have submitted a K1 application, it is with USCIS at the moment so waiting for the next stage (NOA2) like many people here.

 

My partner is the United States citizen, and she has lived in the UK for about 16 years, which is where I'm from and where we met. We have been together for 10 years. 

 

My question is around the affidavit of support (I-134) when it comes to consular processing. My partner will be leaving her job and will not have a job in the USA prior to us going there. So technically, we won't meet the minimum poverty threshold amount for those purposes as she won't have a job prior to going to the USA. However my partner has cash savings over $200k which we plan to transfer to a US account which we can use in place of the threshold income requirement.

 

My question here is to ask if that will be a problem on the I-134 form? Or the subsequent 1-864 for when it comes time to adjust status, or simply that we can meet that requirement given we have enough savings as an alternative to having a job?

 

My second question is around the domicile requirement. All my partners family are in the USA, they are very close to each other, and we are planning on living with them when we first arrive. Although my partner has not lived in the US for 16 years, she has very close ties and visits the US every year, sometimes twice a year. In the time since we met, I have made about 20 trips to the US see her family and spend Christmas, Thanksgiving together. So she has close ties with the US. She continues to file tax returns, votes, etc.

I have read conflicting reviews that the domicile requirement is not heavily enforced with applying for the initial K1 visa as it is termed a non-immigrant visa. When we do come to applying to adjust status we will already be living there so i don't see a problem establishing the domicile requirement then. 

 

Is there anything else i'd need to be aware of to ensure we meet the domicile requirement which shows the intent to reestablish her ties with the USA? 16 years is a long time to be living elsewhere so I just want to make sure we are doing all the right things. I have read other posts where some US citizens has never even lived in the US, (they inherited citizenship from their parents), and had no issue with moving to the US.

 

I have reviewed the steps to reestablish domicile like looking for an apartment to lease etc etc, but it is to soon for that as it could be another 12 months before the visa is granted and we actually go. And as we plan on living temporality with my partners parents, looking for an apartment is not really relevant to us at this stage.

 

Thanks in advance for any responses. This site is indeed terrific and I'd appreciate any replies.

 

Jack,

 

 

[geowrian 22,335]

9 minutes ago, Jack85 said:

My partner and I have submitted a K1 application, it is with USCIS at the moment so waiting for the next stage (NOA2) like many people here.

They submitted an I-129F petition. The visa application comes later. USCIS does not deal with visas.

 

Assets are permitted in conjunction with or separately from income. The minimum asset level is 3 x the income level for a spouse.

That said...why didn't you marry and do DCF instead? This only takes a few months, is cheaper, and is much faster (usually a few months to get the visa). The visa is also vastly superior (no wait to work or travel abroad after entry, no AOS, can become a citizen sooner, can easily get a driver's license, etc.).

 

Domicile, with regards to immigration, is more than just have a place to sleep. Voting and filing taxes is good (as is required!). Researching things like jobs, moving expenses, etc. can also show intent to re-establish domicile.

The wiki here has some other ideas for domicile/intent: http://www.visajourney.com/wiki/index.php/NVC_Process

Edited October 27, 2018 by geowrian

[Jack85 0]

Hi Geowrian,

 

Thank you for your reply.

 

Yes we submitted the petition for the application. Not the actual k-1 Application yet. Thanks for the correction.

While the DCF is indeed quicker and is a faster process, we want to get married in the US as there are places that hold much sentimental value/memories to us, hence why we chose this path. It will also allow my girlfriends family to attend.

[payxibka 10,044]

1 minute ago, Jack85 said:

Hi Geowrian,

 

Thank you for your reply.

 

Yes we submitted the petition for the application. Not the actual k-1 Application yet. Thanks for the correction.

While the DCF is indeed quicker and is a faster process, we want to get married in the US as there are places that hold much sentimental value/memories to us, hence why we chose this path. It will also allow my girlfriends family to attend.

What prevented you from using VWP and do a US destination wedding and then return to the UK for the spouse visa?

Edited October 27, 2018 by payxibka

[Jack85 0]

Hi Payxibka,

Nothing prevented us from doing that. It's just an option we didn't pursue.

In hindsight it probably would have worked well.

[Jack85 0]

20 minutes ago, geowrian said:

They submitted an I-129F petition. The visa application comes later. USCIS does not deal with visas.

 

Assets are permitted in conjunction with or separately from income. The minimum asset level is 3 x the income level for a spouse.

That said...why didn't you marry and do DCF instead? This only takes a few months, is cheaper, and is much faster (usually a few months to get the visa). The visa is also vastly superior (no wait to work or travel abroad after entry, no AOS, can become a citizen sooner, can easily get a driver's license, etc.).

 

Domicile, with regards to immigration, is more than just have a place to sleep. Voting and filing taxes is good (as is required!). Researching things like jobs, moving expenses, etc. can also show intent to re-establish domicile.

The wiki here has some other ideas for domicile/intent: http://www.visajourney.com/wiki/index.php/NVC_Process

HI Geowrian,

3 x income level for a spouse - Do you mean 3 x minimum poverty threshold?

[geowrian 22,335]

27 minutes ago, Jack85 said:

3 x income level for a spouse - Do you mean 3 x minimum poverty threshold?

For the I-134, yes.

For the I-864, it's 125% of the poverty level.

[Boiler 43,401]

London allow you to self sponsor and basically are looking for enough to last 90 days, even though it will be a lot longer before you can work.

[Wuozopo 4,285]

5 hours ago, Jack85 said:

Is there anything else i'd need to be aware of to ensure we meet the domicile requirement which shows the intent to reestablish her ties with the USA? 16 years is a long time to be living elsewhere so I just want to make sure we are doing all the right things. I have read other posts where some US citizens has never even lived in the US, (they inherited citizenship from their parents), and had no issue with moving to the US.

 

The reason a spouse has to deal with the domicile thing at the visa interview is because of the law surrounding the I-864 requirements. It is very specific. The sponsor must be a US resident and the spouse must be the primary sponsor. So a spouse not residing in the US  has to show domicile in order to be a sponsor. The work around this Catch 22 situation is intent to re-establish domicile. You are not getting a spouse visa, nor preparing an I-864 for your London interview.  The strict rules do not apply.

 

The Affidavit of support for a fiancé has zero rules in the law (Foreign Affairs Manual) other than the Consular officer must be convinced you will not become a public charge.  There is nothing of domicile. It doesn't specify the fiancé must be the primary sponsor or where she has to reside. London would let you sponsor yourself. London would accept a another sponsor instead of your fiancé. They will accept your fiancé who currently lives in the UK.

 

You will not have to prove domicile at your K1 interview in London. Provide financial statements showing the $200k and I doubt the support will be mentioned to you at the interview. The money can be in the U.K. You might get asked how to you plan to get the money to the US. Tell them Transferwise or XE.com which are popular ways to transfer. 

 

When she does an I-864 for your AOS, she will be resident in the US so meets the I-864 requirement.

 

Your worries in this post are non-issues. Her cash assets are more than sufficient.

 

 

[Jack85 0]

Hi Wuozopo,

 

Thanks for your reply  - really appreciate it. its reassuring to read your post.

 

Am I correct in saying the issue of domicile and assurance of support is not relevant then for the k1 application, until we file for adjustment of status which by then we will hopefully be living in the US?

Much of the websites/research I have done does imply that the domicile and the assurance of support are important criteria to meet, hence my confusion in what important steps we need to do to ensure we can be granted the visa.

 

Your reply does make me feel much better and is reassuring that I may be stressing unnecessarily. 

[Wuozopo 4,285]

1 hour ago, Jack85 said:

Hi Wuozopo,

 

Thanks for your reply  - really appreciate it. its reassuring to read your post.

 

Am I correct in saying the issue of domicile and assurance of support is not relevant then for the k1 application, until we file for adjustment of status which by then we will hopefully be living in the US?

Much of the websites/research I have done does imply that the domicile and the assurance of support are important criteria to meet, hence my confusion in what important steps we need to do to ensure we can be granted the visa.

 

Your reply does make me feel much better and is reassuring that I may be stressing unnecessarily. 

 

I thought I explained it very thoroughly with reasons. The short answers were--

6 hours ago, Wuozopo said:

You will not have to prove domicile at your K1 interview in London. 

6 hours ago, Wuozopo said:

When she does an I-864 for your AOS, she will be resident in the US so meets the I-864 requirement.

 

Again let me say:

Domicile is a requirement for the form I-864. 

 

Quiz for you:

When will you need an I-864?

At that time, where will your spouse be domiciled?

 

 

[Wuozopo 4,285]

1 hour ago, Jack85 said:

Am I correct in saying the issue of domicile and assurance of support is not relevant then for the k1 application, 

You are half correct. The assurance of support is relevant to a K1 interview. The form is I-134. Your fiancé has assets to cover it without a job. 

[Jack85 0]

You did explain it but there is a huge amount of conflicting information on this site.

 

With regards the quiz (LOL)the I-864 is the for adjustment of status in the US, when applying for PR.

The spouse will be domiciled in the US once we move there.

 

Did I pass?

 

I did think the savings needed to be in a US account as it is listed on the form as 'balance of savings in US accounts'.

Edited October 29, 2018 by Jack85

[Wuozopo 4,285]

4 hours ago, Jack85 said:

You did explain it but there is a huge amount of conflicting information on this site.

 

With regards the quiz (LOL)the I-864 is the for adjustment of status in the US, when applying for PR.

The spouse will be domiciled in the US once we move there.

 

Did I pass?

 

I did think the savings needed to be in a US account as it is listed on the form as 'balance of savings in US accounts'.

 

You passed! 

Yes, there is a huge amount of information on this site. You need to pick and choose who you believe and mostly use it to steer you to further reseach from an actual government source. But since you know domicile is a requirement of the I-864 and you being a fiancé won't take an I-864 to your visa interview, do you feel any better?

 

The information I am giving you is from reading just about every experience of those doing K1 through London for the last 10 years. There is a UK forum on Visa Journey. You are unique because everybody I have ever known with a significant other residing in the UK got married and zipped through DCF filing in a few months and became a permanent resident upon arrival in the US. (Current fiancé applicants are looking at 2020 before becoming a permanent resident.)  But because you are doing an I-134 support package, you have no requirement written in immigration law to prove domicile of your sponsor. Now if you tried to use Bob the butcher in the high street market as your sponsor, there may be questions. But you are using your fiancé, a US citizen who has petitioned to bring you to America. London is more flexible than other consulates about what they accept with an I-134. They don't require proving income five different ways like you are led to believe in these K1 forums. I've known those with money in a UK bank to be accepted. In the end, it is up to your interviewer to decide if you are likely to become a public charge. My own experience was an unemployed fiancé with a bunch of cash assets. The I-134 was never mentioned at my London interview. Not one word.  The bottom line is you don't have to believe my research or anecdotal experiences with London. You can take anything you want to your interview that makes you feel prepared. 

 

Some research for you:

 

Form I-864 instructions to show you domicile is required for that form 

Instructions https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1

See page 5 and 6. Read two sections

2. You are living abroad temporarily. 

3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status. 

BUT you know by the time you need that form that your sponsor will not be living abroad.

 

The list of documents for a K1 interview provided by the US Embassy in London https://uk.usembassy.gov/visas/fiancee-2/required-documents/