Affidativ & living overseas

[David54321 18]

Hi,

I would like to get your recommendation on the following point.

I intend to relocate to the US with my wife, I am french and she is an American citizen. We are both living in Europe with our child (American citizen as well) since 2015.
We passed the I-130 stage and are going to start the NVC stage.
I have a question regarding the affidavit of support. I understood that she will have to demonstrate her intention to relocate to the US with me (which should be doable as it is actually the case) in order to petition. Since we are living abroad and she is not working, she has no income to show and no assets in the US. We have assets in Europe (saving accounts) but we won't reach the 5 times rules (in our case around 140K$).
My question is the following, will we be able to introduce a joint sponsor (her entire family lives in the US)? I read on some websites that because she is not currently living in the US we won't be able to introduce a joint sponsor.
Thank you in advance for your help.
David

[David54321 18]

in complement to my previous message, here is what I found on the travel.state.gov website that questions me about having a joint sponsor while living overseas :

 

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor?

No, if a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a sponsor for the purposes of submitting Form I-864.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

[Pleasework89 43]

Have you looked at the I-864 instructions? There is a part where the Sponsor that doesn't have a domicile must prove that they intend to reestablish domicile. LOOK AT THE INSTRUCTIONS. 

 

I am also a USC living abroad but I have maintained my domicile in the US with US Bank accounts, renewing my state license.

[arken 4,197]

1 hour ago, David54321 said:

in complement to my previous message, here is what I found on the travel.state.gov website that questions me about having a joint sponsor while living overseas :

 

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a financial sponsor?

No, if a petitioner cannot satisfy the domicile requirement, the petitioner fails to qualify as a sponsor for the purposes of submitting Form I-864.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

It's about the sponsor not the joint sponsor. The petitioner is always the sponsor so has to provide domicile or provide the intent to domicile in the US to be able to sponsor. In your case, your wife is the sponsor.

 

You CAN have your wife's family member as joint sponsor.

 

 

34 minutes ago, Pleasework89 said:

Have you looked at the I-864 instructions? There is a part where the Sponsor that doesn't have a domicile must prove that they intend to reestablish domicile. LOOK AT THE INSTRUCTIONS. 

OP has already mentioned they know about it. OP's question is not about domicile.

1 hour ago, David54321 said:

I understood that she will have to demonstrate her intention to relocate to the US with me

 

[David54321 18]

17 minutes ago, arken said:

It's about the sponsor not the joint sponsor. The petitioner is always the sponsor so has to provide domicile or provide the intent to domicile in the US to be able to sponsor. In your case, your wife is the sponsor.

 

You CAN have your wife's family member as joint sponsor.

 

 

OP has already mentioned they know about it. OP's question is not about domicile.

 

Thank you for your answer.

So I understand that the fact that my wife has the intention to relocate is similar in a way to living in the US when it comes to being able to present a joint sponsor. The information on travel.stat.gov means that a petitioner who does not intend to relocate to the US can't present a joint sponsor.

clear now, thank you.

[David54321 18]

57 minutes ago, Pleasework89 said:

Have you looked at the I-864 instructions? There is a part where the Sponsor that doesn't have a domicile must prove that they intend to reestablish domicile. LOOK AT THE INSTRUCTIONS. 

 

I am also a USC living abroad but I have maintained my domicile in the US with US Bank accounts, renewing my state license.

Proving the intention was not my question, however, thank you for taking the time to answer me.

[Redro 4,584]

15 minutes ago, David54321 said:

Thank you for your answer.

So I understand that the fact that my wife has the intention to relocate is similar in a way to living in the US when it comes to being able to present a joint sponsor. The information on travel.stat.gov means that a petitioner who does not intend to relocate to the US can't present a joint sponsor.

clear now, thank you.

Your wife will be the primary sponsor. She has to fill out the I-864 and then write a letter stating why she didn't file taxes 

She can then add a joint sponsor. They will fill out their own I-864 with supporting documentation. 

Do a search in the forums for "petitioner living abroad" to see what others have done for proof of intention to relocate to the US/ and proof they uploaded when the petitioner was not employed overseas. 

You might get with an RFE for not providing adequate documentation. 

ETA You only need 3X assets not 5X assets.

Edited June 1, 2022 by ROK2USA

[David54321 18]

3 minutes ago, ROK2USA said:

Your wife will be the primary sponsor. She has to fill out the I-864 and then write a letter stating why she didn't file taxes 

She can then add a joint sponsor. They will fill out their own I-864 with supporting documentation. 

Do a search in the forums for "petitioner living abroad" to see what others have done for proof of intention to relocate to the US/ and proof they uploaded when the petitioner was not employed overseas. 

You might get with an RFE for not providing adequate documentation. 

ETA You only need 3X assets not 5X assets.

thank you for your answers. She did fill out a tax report every year, but with 0 income.

For the "X assets" I read that because the assets are located overseas (foreign bank account) the rule is not 3 times but 5 times, even for spouses...

[Crazy Cat 39,182]

2 hours ago, David54321 said:

I read on some websites that because she is not currently living in the US we won't be able to introduce a joint sponsor.

That is inaccurate.  

[Redro 4,584]

27 minutes ago, David54321 said:

thank you for your answers. She did fill out a tax report every year, but with 0 income.

For the "X assets" I read that because the assets are located overseas (foreign bank account) the rule is not 3 times but 5 times, even for spouses...

This is incorrect. I'm not sure where you are finding this information. 

 

You can use a joint sponsor and the rule is 3 times if your wife is a USC.

The information received stating no joint sponsor is not allowed and 5X assets is incorrect. 

 

You should always go to the official source to confirm things. 

Item Number 5. Country of Domicile. Indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

 

What cash value of assets is needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. 

 

Nowhere in "country of domicile" instructions does it state a different cash value of assets is required if the petitioner does not currently reside in the US. 

Edited June 1, 2022 by ROK2USA

[Crazy Cat 39,182]

32 minutes ago, David54321 said:

thank you for your answers. She did fill out a tax report every year, but with 0 income.

For the "X assets" I read that because the assets are located overseas (foreign bank account) the rule is not 3 times but 5 times, even for spouses...

I think you need to discard the other sources of your information.  Visa Journey is the best source for accurate immigration information.  

Edited June 1, 2022 by Crazy Cat

[David54321 18]

12 minutes ago, ROK2USA said:

This is incorrect. I'm not sure where you are finding this information. 

 

You can use a joint sponsor and the rule is 3 times if your wife is a USC.

The information received stating no joint sponsor is not allowed and 5X assets is incorrect. 

 

You should always go to the official source to confirm things. 

Item Number 5. Country of Domicile. Indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a typed or printed explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

 

What cash value of assets is needed?

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income. 

 

Nowhere in "country of domicile" instructions does it state a different cash value of assets is required if the petitioner does not currently reside in the US. 

The assets are in foreign bank accounts and under my name only (so not under the petitioner's name). So I thought this rule would apply :

 

"The intending immigrant can potentially add foreign assets and file a Form I-864A to have his or her assets included in the minimum income level calculations. The foreign assets must meet the following requirements:

• The assets must be convertible to cash within 12 months.
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
• The net value of assets must be at least five times the difference between the sponsor’s income and 125 percent of the poverty guideline for the household size."

[Redro 4,584]

37 minutes ago, David54321 said:

thank you for your answers. She did fill out a tax report every year, but with 0 income.

For the "X assets" I read that because the assets are located overseas (foreign bank account) the rule is not 3 times but 5 times, even for spouses...

Good to hear she filled out the tax return. 

She needs to submit the latest one (2021) to NVC. 

You can either submit the tax transcript or the entire tax return with a statement explaining why she does not have W2s/1099s. 

You can also search for forums for example letters of "intent to re-establish domicile" and read the forums for possible RFEs you might receive as your wife has no income and lives abroad. 

 

Also... and complete your profile. 

If people can easily see which stage of the visa process you're in and the consulate you're interviewing at. They'll be able to provide more relevant advice and information. 

[David54321 18]

2 minutes ago, ROK2USA said:

Good to hear she filled out the tax return. 

She needs to submit the latest one (2021) to NVC. 

You can either submit the tax transcript or the entire tax return with a statement explaining why she does not have W2s/1099s. 

You can also search for forums for example letters of "intent to re-establish domicile" and read the forums for possible RFEs you might receive as your wife has no income and lives abroad. 

 

Also... and complete your profile. 

If people can easily see which stage of the visa process you're in and the consulate you're interviewing at. They'll be able to provide more relevant advice and information. 

thank you!

 

My timeline is updated, 4 years in the process and counting

[Redro 4,584]

2 minutes ago, David54321 said:

The assets are in foreign bank accounts and under my name only (so not under the petitioner's name). So I thought this rule would apply :

 

"The intending immigrant can potentially add foreign assets and file a Form I-864A to have his or her assets included in the minimum income level calculations. The foreign assets must meet the following requirements:

• The assets must be convertible to cash within 12 months.
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
• The net value of assets must be at least five times the difference between the sponsor’s income and 125 percent of the poverty guideline for the household size."

Where did you find this information? Please provide a link. 

 

From the I-864 instructions:  this is from the uscis.gov website

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and type or print the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets. Item Number 10. Total Value of Assets. In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.

 

This contradicts the information you found. The intending immigrant is not required to complete the I-864-A.