petitioer living abroad US Citizen living abroad and not domiciled in the US - Affidavit of Support forms

[D Joseph 0]

Dear all,

 

We highly appreciate your advise and guidance on our affidavit of support documents.

 

Here is a brief background of our case:

Petition Type : I-130. A US citizen filing for spouse and 2 children under 18 years.

I-130 Petition Status :  All three I-130 applications have been approved and our case is currently at NVC. 

 

We, the petitioner (my wife) and the spouse (me) and our 2 children currently live in United Kingdom.

We, the petitioner (my wife) and the spouse (me) both work and pay taxes in the UK.

The Petitioner (my wife) is a US citizen by birth who neither domiciled in the US nor lived there long enough to have an address, driving licence or bank accounts.

Spouse (me) used to work in the Unites States in the past for about 9 years on an employment based green card (e1b). 36 social security credits, 4 short of 40 to apply for AOS exemption.

 

We assume our children's case is straightforward and we can file I-864W exemption as they become US Citizen upon entering the US. Please correct us if this assumption is wrong.

 

What we need help with:

1. What affidavit of support form to be filled for the spouse (me): I-864/I-864A/I-864 EZ?
2. Can we show our assets abroad and bank balance? If yes, which AOS form to be used.
3. Do we need a joint sponsor from US?. This can be arranged but we have read somewhere that we cannot use a US based joint sponsor since the petitioner is not domiciled in the US as per the following url:     https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos19

 

Highly appreciate your advice and guidance.

 

Thank you!

Dom

[Boiler 45,670]

USC needs to file taxes, and I would suggest do something to show Domicile, DL, register to vote etc, London seems to be lenient

 

Safest thing is to get a Joint Sponsor.

[Jordanian Bride 268]

7 hours ago, D Joseph said:

 

1. What affidavit of support form to be filled for the spouse (me): I-864/I-864A/I-864 EZ?
2. Can we show our assets abroad and bank balance? If yes, which AOS form to be used.
3. Do we need a joint sponsor from US?. This can be arranged but we have read somewhere that we cannot use a US based joint sponsor since the petitioner is not domiciled in the US as per the following url:     https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos19

1. I-864

2. Yes, use the I-864 mentioned above.

3. Preferably. You have to use a US domiciled joint sponsor.

[Mike E 11,741]

11 hours ago, D Joseph said:

Can we show our assets abroad and bank balance? If yes, which AOS form to be used.

My recollection is that some COs have excluded assets not based in the U.S. 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[iwannaplay54 985]

On 12/3/2022 at 5:39 PM, Mike E said:

My recollection is that some COs have excluded assets not based in the U.S. 

Your recollection would be correct.  The first thing they ask is where the assets are parked.

[iwannaplay54 985]

On 12/3/2022 at 6:05 AM, D Joseph said:

Dear all,

 

We highly appreciate your advise and guidance on our affidavit of support documents.

 

Here is a brief background of our case:

Petition Type : I-130. A US citizen filing for spouse and 2 children under 18 years.

I-130 Petition Status :  All three I-130 applications have been approved and our case is currently at NVC. 

 

We, the petitioner (my wife) and the spouse (me) and our 2 children currently live in United Kingdom.

We, the petitioner (my wife) and the spouse (me) both work and pay taxes in the UK.

The Petitioner (my wife) is a US citizen by birth who neither domiciled in the US nor lived there long enough to have an address, driving licence or bank accounts.

Spouse (me) used to work in the Unites States in the past for about 9 years on an employment based green card (e1b). 36 social security credits, 4 short of 40 to apply for AOS exemption.

 

We assume our children's case is straightforward and we can file I-864W exemption as they become US Citizen upon entering the US. Please correct us if this assumption is wrong.

 

What we need help with:

1. What affidavit of support form to be filled for the spouse (me): I-864/I-864A/I-864 EZ?
2. Can we show our assets abroad and bank balance? If yes, which AOS form to be used.
3. Do we need a joint sponsor from US?. This can be arranged but we have read somewhere that we cannot use a US based joint sponsor since the petitioner is not domiciled in the US as per the following url:     https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos19

 

Highly appreciate your advice and guidance.

 

Thank you!

Dom

Your wife is going to need to do a little work to meet the “intend to establish domicile” bar.  
Are you saying she did not live in the US long enough to convey citizenship to your children?

 

How to demonstrate intent to establish domicile

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23

 

Edited December 6, 2022 by iwannaplay54

[pushbrk 12,979]

Whether your assets will help depends on whether they are "liquid".  Time to become an A-Student of the I-864 instructions.  You haven't provided enough facts about your assets to know whether they will carry the day, or you'll need a joint sponsor, but your wife's lack of previous US domicile does not prevent a US Citizen or LPR living in the USA from acting as joint sponsor.  Once your wife shows evidence of her intent to establish domicile in the USA, the joint sponsor can be used.

 

The is no substitute for study of the instructions.  We can answer questions to help you understand the instructions in the context of your situation.

 

First step is to file the last three years of US Federal Tax Returns.  It's unlikely any taxes will be owed.

 

If your assets are liquid and amount to well over 3 times the income requirement for a household of four, you would not need a joint sponsor.

[D Joseph 0]

A big thank you to @Boiler/@Jordanian Bride/@Mike E/@Chancy/@iwannaplay54/@pushbrk!

 

We highly appreciate your advises and suggestions.

 

@pushbrk,

As you suggested, we are in the process of filing the previous 3 years taxes and FBARs.

The assets are based in the UK (A house plus cash in the bank).

 

Regards,

Dom

[pushbrk 12,979]

10 hours ago, D Joseph said:

A big thank you to @Boiler/@Jordanian Bride/@Mike E/@Chancy/@iwannaplay54/@pushbrk!

 

We highly appreciate your advises and suggestions.

 

@pushbrk,

As you suggested, we are in the process of filing the previous 3 years taxes and FBARs.

The assets are based in the UK (A house plus cash in the bank).

 

Regards,

Dom

The house (your primary residence) is not "liquid" until it's sold.  Cash is liquid.  Unless your liquid assets are well over 3 times the income requirement, it is best to sell the house and convert the equity to cash.  You'll be selling anyway, right?  It's possible to convince a Consular Officer that your home equity is liquid, since you're selling anyway, but it's no sure thing.  In order for that equity to be meaningful, you would need to plan to rent in the USA for a time.  Otherwise, that equity will not be available to support yourselves, as it will be reinvested in another primary residence, making it NOT LIQUID once again.