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Filed: Timeline
Posted
34 minutes ago, ThomasNC1988 said:

You should have petitioned through your husband. Establishing domicile is relatively easy and is done all the time without the USC moving back to the states, that way you could have used your assets for the move. That being said why not have your husband be the joint sponsor therefore your assets are right back in play?

Because a joint sponsor must be domiciled in the US.  If her husband is domiciled in the US, he could/should be the petitioner.

Posted
10 hours ago, inga44 said:

Because I don't want to stay here till he re-establishes residency. ;)

He can't sponsor me because he's not currently residing in the US. 

Which could have been done 2-4 weeks before interview.  He can petition you etc... but whats done is done.  Perhaps your husband should move ahead now and be the joint sponsor? (What a weird concept go be honest... )

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: AOS (apr) Country: Thailand
Timeline
Posted
3 minutes ago, jan22 said:

Because a joint sponsor must be domiciled in the US.  If her husband is domiciled in the US, he could/should be the petitioner.

That's my point it is easy to prove domicile in the US. Its too late for her husband to petition her but not too late for him to set things up for the move like people do everyday. I mean DCF exists for people who reside in foreign countries and they have to prove domicile in the US even though in order to file DCF they must reside outside of the US. I highly doubt you will run into much of a wall with the wife and mother of USCs moving from Canada with considerable assets overcoming the public charge issue.

Filed: AOS (apr) Country: Thailand
Timeline
Posted (edited)
3 minutes ago, NikLR said:

Which could have been done 2-4 weeks before interview.  He can petition you etc... but whats done is done.  Perhaps your husband should move ahead now and be the joint sponsor? (What a weird concept go be honest... )

Exactly, the solution is so obvious. I do not understand the hangup. I mean she can come with him as a Canadian and stay the few weeks with him unless she is barred for some reason. 

Edited by ThomasNC1988
Filed: IR-5 Country: Canada
Timeline
Posted
4 hours ago, ThomasNC1988 said:

You should have petitioned through your husband. Establishing domicile is relatively easy and is done all the time without the USC moving back to the states, that way you could have used your assets for the move. That being said why not have your husband be the joint sponsor therefore your assets are right back in play?

H'mm ... "done all the time without the USC moving back to the states" interests me. If his income and assets could be used, that would change the picture all right. 
The information I have so far indicates that a sponsor needs to be a US resident. If you can point me in a direction to work on this, I'd appreciate it. Thanks. 

Filed: IR-5 Country: Canada
Timeline
Posted
4 hours ago, jan22 said:

Because a joint sponsor must be domiciled in the US.  If her husband is domiciled in the US, he could/should be the petitioner.

Yes, thank you. That's what I understand. I guess we would have to consider what it takes to be "domiciled in the US," since he's still with me in Canada. 

Filed: IR-5 Country: Canada
Timeline
Posted
4 hours ago, ThomasNC1988 said:

That's my point it is easy to prove domicile in the US. Its too late for her husband to petition her but not too late for him to set things up for the move like people do everyday. I mean DCF exists for people who reside in foreign countries and they have to prove domicile in the US even though in order to file DCF they must reside outside of the US. I highly doubt you will run into much of a wall with the wife and mother of USCs moving from Canada with considerable assets overcoming the public charge issue.

I had to look up "DCF" - direct consular filing. That looked interesting until I read that Canada (i.e. Montreal embassy in Canada) does not allow DCF
But I am getting some ideas of how to make this work. To be domiciled in the US doesn't necessarily meant you have to stay in the US all the time ... H'mm .. 
So now maybe I have to look up "how to prove domicile in the US"

Filed: IR-5 Country: Canada
Timeline
Posted (edited)
4 hours ago, ThomasNC1988 said:

Exactly, the solution is so obvious. I do not understand the hangup. I mean she can come with him as a Canadian and stay the few weeks with him unless she is barred for some reason. 

It may be "so obvious" to you, but not necessarily to those of us who just read what's on the gov''t sites re immigration and haven't been hanging out on this forum for long. ;) 
Thank you for being willing to reply to "so obvious" questions. :)

Edited by inga44
Filed: AOS (apr) Country: Thailand
Timeline
Posted
1 minute ago, inga44 said:

It may be "so obvious" to you, but not necessarily to those of us who just read what's on the gov''t sites re immigration and haven't been hanging out on this forum for long. ;) 

No offense intended.

Filed: AOS (apr) Country: Thailand
Timeline
Posted
15 minutes ago, inga44 said:

H'mm ... "done all the time without the USC moving back to the states" interests me. If his income and assets could be used, that would change the picture all right. 
The information I have so far indicates that a sponsor needs to be a US resident. If you can point me in a direction to work on this, I'd appreciate it. Thanks. 

Just go get a lease for where you will be moving maybe sign up for a cell phone plan or something like that to show its where you intend on living. 

Filed: IR-5 Country: Canada
Timeline
Posted
58 minutes ago, ThomasNC1988 said:

Just go get a lease for where you will be moving maybe sign up for a cell phone plan or something like that to show its where you intend on living. 

Thanks much! Actually, we own property (in both our names) but yet no house. We have an electric bill in his name. (Service to run well pump, build house.) We have had a local joint bank account with Visa Debit for several years.  (Spent 3 mos or so a year there. Winters are better in the South. ;) )
I wonder if the "joint" ownership is a problem? It would be easy to transfer property into his name only, as well as opening a bank account in his name only. 

Filed: AOS (pnd) Country: El Salvador
Timeline
Posted (edited)

@inga44, for your husband; https://www.nolo.com/legal-encyclopedia/how-overseas-us-citizen-proves-us-domicile-form-i-864-sponsorship.html:

Quote

U.S. Citizens Domiciled Abroad

If you are a U.S. citizen domiciled abroad, you may still be allowed to file a Form I-864 if you intend to establish a domicile in the U.S. in the future – either before or at the time of your beneficiary’s arrival in the United States. Evidence of such intent would include proof that you have taken concrete steps towards leaving the foreign country to move permanently to the U.S. – such as correspondence with U.S. landlords, resignation from your foreign job and application to jobs in the U.S., initiation of a business in the U.S., closing of accounts with foreign institutions and opening of accounts with U.S. institutions, and so on.

Edited by TM92

Your Input Is Appreciated On This VJ Guide Proposal: 

 

Filed: IR-5 Country: Canada
Timeline
Posted
17 hours ago, Boiler said:

Well you have to wait 5 years for Medicare and then pay, unless you can piggyback.

 

Depends on the details.

 

Very different to Canada.

I don't have the detail at my fingertips, but I remember reading something that you might call "piggyback." I have my own SS record from when I was a mere youngster teaching in Michigan, but it doesn't amount to 40 credits. 

 
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