AOS - no income as we live overseas, but have assets, country of domicile is USA

[kalikala 32]

Hi everyone

 

I've done a search of previous threads that may be in a similar situation as we are and found some answers, but I just want to check I have everything in order more specific to our situation before submitting documents to NVC.

 

This is our situation in a nutshell:

• My husband is the petitioner/sponsor for myself (spouse) and our 18month old son and we are currently living in New Zealand.
• Husband intends to continue working for a company he co-owns with his brother-in-law as soon as visa is approved and we can all migrate together.
• Have property assets and savings.

 

Questions regarding the Affidavit of Support:

• I will be stating in Part 6 - Sponsor's Employment and Income: currently unemployed so will indicate current individual income as zero. Will it be enough to submit the AOS without a joint sponsor if we state in Part 7 - Use of Assets to Supplement Income all our assets with supporting documentation? AND;
• Provide a letter of employment stating that my husband will commence work as soon as we move indicating annual income (which will meet the poverty guidelines threshold)?

 

Thank you!

 

[lummo 61]

42 minutes ago, kalikala said:

My husband is the petitioner/sponsor for myself (spouse) and our 18month old son and we are currently living in New Zealand.

Quick quetion: Is your son a USC with a CRBA? Or is he not a USC and immigrating with an IR-2 visa?

Edited December 27, 2018 by lummo

[kalikala 32]

1 hour ago, lummo said:

Quick quetion: Is your son a USC with a CRBA? Or is he not a USC and immigrating with an IR-2 visa?

Hello, he is not a USC (yet) and will be immigrating with an IR-2 visa. We will look into applying USC for our son later on when we move.

We filed a separate petition for him at the same time with mine.

Thank you

[NikLR 13,220]

7 hours ago, kalikala said:

Hello, he is not a USC (yet) and will be immigrating with an IR-2 visa. We will look into applying USC for our son later on when we move.

We filed a separate petition for him at the same time with mine.

Thank you

If your son qualifies for a CRBA you cannot use the IR2.  A USC cannot get a US visa. 

~~edit~~ Also many people on this forum have found they must try to get the CRBA before a CO will grant an IR2 and prove the child isn't eligible for CRBA and US passport. 

 

9 hours ago, kalikala said:

Hi everyone

 

I've done a search of previous threads that may be in a similar situation as we are and found some answers, but I just want to check I have everything in order more specific to our situation before submitting documents to NVC.

 

This is our situation in a nutshell:

• My husband is the petitioner/sponsor for myself (spouse) and our 18month old son and we are currently living in New Zealand.
• Husband intends to continue working for a company he co-owns with his brother-in-law as soon as visa is approved and we can all migrate together.
• Have property assets and savings.

 

Questions regarding the Affidavit of Support:

• I will be stating in Part 6 - Sponsor's Employment and Income: currently unemployed so will indicate current individual income as zero. Will it be enough to submit the AOS without a joint sponsor if we state in Part 7 - Use of Assets to Supplement Income all our assets with supporting documentation? AND;
• Provide a letter of employment stating that my husband will commence work as soon as we move indicating annual income (which will meet the poverty guidelines threshold)?

 

Thank you!

 

How can your husband have US domicile if he doesn't reside in the USA? 

https://www.dictionary.com/browse/domicile

If your assets do not qualify, which is entirely up to the CO, you will need a qualifying joint sponsor. 

To qualify as assets they need to be able to be liquified within 1 year, not be a primary residence or car, and any lien, mortgage, loan goes against the value which must be assessed by a professional. 

Edited December 27, 2018 by NikLR

[aaron2020 11,651]

1.  File the CRBA and US passport for your child.  If your husband meets the 5 years physical presence requirement, then this is the only choice.  A child with a claim on US citizenship can not qualify for an immigration visa.

 

2.  Since your husband is continuing his business, then his income continues.  Has he been filing US tax returns on his worldwide income as required?

 

3.  Has he maintained a home in the US to maintain US domicile?  If he doesn't have a US place, then he doesn't have a US domicile.  

[pushbrk 12,106]

Let's not make assumptions here.  The OP has not provided enough information for us to properly advise. 

 

First, for the son.  If it's a stepson, it will be IR2 without any question.  Citizenship will come when and if the mother Naturalizes.  If it is the US Citizen's natural son and he KNOWS he cannot pass citizenship, then IR2 for the son and he IS a US Citizen once entering the US.  Just apply for his passport.   ONLY, and ONLY, if the son CAN qualify for US Citizenship NOW, would a CRBA be in order.  I do find it difficult to understand how the husband can be domiciled in the US currently AND not meet the US residency requirements to pass citizenship to his natural child, BUT it has not been made clear the child is his natural child.

 

Second, as for the sponsorship issue.  The letter of employment could HELP, but only if the "LIQUID" assets qualify on their own.  We know nothing about the assets, type or value.

 

Has the OP studied the part of the I-864 instructions that discuss how to use assets and what is considered "liquid"?  So many unanswered questions, that need answers before giving definitive advice here.

[NikLR 13,220]

I think we assumed, perhaps incorrectly, but when someone says "our 18 month old son" we take it to mean the child of both the people involved.

 

I don't refer to my daughter as my husband's daughter, because she's not.  She is his step-child.  I get that some people do this, though especially if the bio-parent is either deceased or non-involved though. 

[pushbrk 12,106]

55 minutes ago, NikLR said:

I think we assumed, perhaps incorrectly, but when someone says "our 18 month old son" we take it to mean the child of both the people involved.

 

I don't refer to my daughter as my husband's daughter, because she's not.  She is his step-child.  I get that some people do this, though especially if the bio-parent is either deceased or non-involved though. 

Yes, that's what I would "conclude" too.  But, given they filed an I-130, I also conclude they had a reason.  So, I don't know which of the possible reasons.  That's why we need clarity, rather than to rely on what seem to be logical conclusions.  Statements are in conflict.  If this is his natural child, AND he is (present tense) domiciled in the USA, AND an I-130 was filed for the child, well, one of those assertions must be false.  I'm not going to assume which one, even though it would be easy to do so.

[kalikala 32]

On 12/28/2018 at 2:18 AM, NikLR said:

If your son qualifies for a CRBA you cannot use the IR2.  A USC cannot get a US visa. 


~~edit~~ Also many people on this forum have found they must try to get the CRBA before a CO will grant an IR2 and prove the child isn't eligible for CRBA and US passport. 

 

How can your husband have US domicile if he doesn't reside in the USA? 

https://www.dictionary.com/browse/domicile

If your assets do not qualify, which is entirely up to the CO, you will need a qualifying joint sponsor. 

To qualify as assets they need to be able to be liquified within 1 year, not be a primary residence or car, and any lien, mortgage, loan goes against the value which must be assessed by a professional. 

Thanks for your response.

 

Yes he is our - myself and my USC spouses son.

I did not think about CRBA until after I submitted the I-130 petitions (one each for my son and I). Then my mother in law suggested to get him a US passport which I thought we could do once we have moved there.

What you are saying makes sense - that a child of a USC would not be granted an IR2 visa, however as mentioned, I did not think about CRBA.

 

Stating my husbands country of domicile is USA is incorrect on my part, what I mean is that we will be explaining and providing supporting documents that he will re-establish domicile in the US. 

He still has a car, drivers license, bank accounts and properties there. As mentioned he will recommence employment at his previous company which he is also a part-owner of. He has been away from the US for less than 2 years.

 

Thanks for advising re; assets will need to be able to be liquified.

 

 

[kalikala 32]

On 12/28/2018 at 2:31 AM, aaron2020 said:

1.  File the CRBA and US passport for your child.  If your husband meets the 5 years physical presence requirement, then this is the only choice.  A child with a claim on US citizenship can not qualify for an immigration visa.

 

2.  Since your husband is continuing his business, then his income continues.  Has he been filing US tax returns on his worldwide income as required?

 

3.  Has he maintained a home in the US to maintain US domicile?  If he doesn't have a US place, then he doesn't have a US domicile.  

Thank you for responding.

 

1. Okay I will look into CRBA.

 

2. He has not been earning worldwide income thus he has not filed taxes since he last worked.

 

3. He owns properties in the US that is being rented by tenants. We intend to stay with his cousin while we look for a place.

[kalikala 32]

On 12/28/2018 at 11:49 AM, pushbrk said:

First, for the son.  If it's a stepson, it will be IR2 without any question.  Citizenship will come when and if the mother Naturalizes.  If it is the US Citizen's natural son and he KNOWS he cannot pass citizenship, then IR2 for the son and he IS a US Citizen once entering the US.  Just apply for his passport.   ONLY, and ONLY, if the son CAN qualify for US Citizenship NOW, would a CRBA be in order.  I do find it difficult to understand how the husband can be domiciled in the US currently AND not meet the US residency requirements to pass citizenship to his natural child, BUT it has not been made clear the child is his natural child.

 

 

Thank you for responding.

 

I haven't looked into CRBA (yet) so I am unsure whether our son will pass citizenship or not. When I was going through the I-130 process I thought I had done a lot of research but I did not stumble upon any statements on official USCIS websites that say our son should go through the CRBA process. I had not utilised these forums at that stage as well unfortunately.

 

As mentioned in a previous response above, I should have said my husband will re-establish domicile in the US. He currently lives with my son and I in New Zealand but we have decided to move to the US.

 

 

[kalikala 32]

On 12/28/2018 at 11:49 AM, pushbrk said:

Second, as for the sponsorship issue.  The letter of employment could HELP, but only if the "LIQUID" assets qualify on their own.  We know nothing about the assets, type or value.

 

We also will include on our application that my husband part-owns the company he will continue to work for upon his return. Hopefully that will help with the re-establishment of domicile and income part.

 

Regarding assets the properties have a value of approx 1.5m.

 

[kalikala 32]

On 12/28/2018 at 11:49 AM, pushbrk said:

Has the OP studied the part of the I-864 instructions that discuss how to use assets and what is considered "liquid"?  So many unanswered questions, that need answers before giving definitive advice here.

 

Yes I have read those and it would have helped if I provided more information when I made the original post so I appreciate the questions and for your advice!

[kalikala 32]

On 12/28/2018 at 12:57 PM, pushbrk said:

Yes, that's what I would "conclude" too.  But, given they filed an I-130, I also conclude they had a reason.  So, I don't know which of the possible reasons.  That's why we need clarity, rather than to rely on what seem to be logical conclusions.  Statements are in conflict.  If this is his natural child, AND he is (present tense) domiciled in the USA, AND an I-130 was filed for the child, well, one of those assertions must be false.  I'm not going to assume which one, even though it would be easy to do so.

Thank you.

Yes he is our natural child but my USC husband is not currently living in the USA, we would like to all move there together. He has a New Zealand visa up until May 2019 so we are hoping to get our US visas before then.

[kalikala 32]

On 12/28/2018 at 2:31 AM, aaron2020 said:

1.  File the CRBA and US passport for your child.  If your husband meets the 5 years physical presence requirement, then this is the only choice.  A child with a claim on US citizenship can not qualify for an immigration visa.

 

2.  Since your husband is continuing his business, then his income continues.  Has he been filing US tax returns on his worldwide income as required?

 

3.  Has he maintained a home in the US to maintain US domicile?  If he doesn't have a US place, then he doesn't have a US domicile.  

 

29 minutes ago, kalikala said:

Thank you for responding.

 

1. Okay I will look into CRBA.

  

2. He has not been earning worldwide income thus he has not filed taxes since he last worked.

 

3. He owns properties in the US that is being rented by tenants. We intend to stay with his cousin while we look for a place.

 

I've just looked into CRBA.

Regarding the 5 year physical presence requirement, it says this on the Consular website:

 

"If parents were married at the time of the child’s birth, but only one is a U.S. Citizen, the U.S. Citizen parent must have had physical presence in the U.S. or its possessions for at least five years, two of which must be after the age of 14."

 

Yes we were married before our son was born.

My husband lived in the States up until 1.5 years ago when he moved here in NZ, so I am assuming he qualifies for this?

 

My next question would then be, if we go ahead with CRBA and issue a passport, what happens to his Visa application?

I am up to the NVC stage where I have paid the AOS and IV fees, I have submitted the DS-260 as the principal applicant - I did not see my sons name in the CEAC system.

 

Under APPLICANT INFORMATION in CEAC it has:

 

Principal: my name

Status: principal applicant

IV Fee: paid

IV Application: complete

Civil Documents: start now - haven't submitted this yet