timchew

Ace High:

Thank your friend profusely for being willing to act as a joint sponsor. He's signing a long-term contract with the Federal government that makes him reponsible to support your parents if they need it: the government can sue him if your parents receive certain benefits, and your parents can sue him if they require assistance and he doesn't provide it.

Encourage your friend to read and understand these obligations.

He can learn more--and you can find a list of the related documents to be filed--at the Affidavit of Support Help Center.

Go123,

You ask how you should answer the question about your country of domicile. It's fine to state that you are currently are domiciled abroad. That would appear to be the truth if when you moved abroad, you had no fixed intent to return to live in the U.S. within a specific period. (In other words, it appears that you gave up your U.S. domicile when you moved abroad).

As you've already noted, once you admit that you are domiciled abroad, you'll next need to prove that you'll re-establish domicile in the U.S. not later than when your husband enters with the immigrant visa.

For most people, the best evidence they are moving back to the U.S. is proof of where they'll live and where they'll work. (The latter doesn't apply to you). That's why others in this forum are telling you that a letter from your relatives confirming you'll live with them is probably necessary and sufficient evidence that you're moving back to the U.S.

Source: The Affidavit of Support Help Center section on "Reestablishment of Domicile" in the U.S.

Hamid,

You mention that your joint sponsor has a household size of 3; 2014 income of $24,872 (just below the threshold of $25,112); and CURRENT annual income of $32,000 (above the threshold). You ask which figure is key, the current income or the 2014 income. Here's the rule:

The current year’s household income and future years’ likely household income must be at least the threshold (125% of the poverty guidelines for the household size). This requires some explanation.

Current year’s household income: The current year’s household income refers to the “reasonably expected household income for the year.” The “current year” refers to the year that the sponsor signs or submits the affidavit of support; the rules are not clear. In estimating the current year’s income, the sponsor should take into account whether any employment is likely to continue through the end of the year; whether typical seasonal changes in work schedules and hours may impact the calculation; whether any end-of the-year bonus is likely; and whether their salary is likely to change.

If more than one year passes between the filing of the Form I-864 and the intending immigrant’s interview, the officer may “in the exercise of discretion request additional evidence. In such cases, the “current year” for which the sponsor’s income must meet the threshold refers to the year of the officer’s request.

Future years’ likely household income: If the income threshold for the current year is met, that year’s household income “shall be given the greatest evidentiary weight” for determining “whether the sponsor is likely to be able to maintain his or her income in the future.” Further, once the income threshold for the current year is met, the future likely income “may be held to be insufficient … only if, on the basis of specific facts … it is reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligations.” The sponsor’s three most recent Federal income tax returns are certainly relevant to evaluation to evaluating the sufficiency of future income: they may show, for example, that the sponsor’s income has not consistently met the threshold or that the sponsor’s income is declining over time. Another specific fact which may be relevant is a recent change in the sponsor’s job:

Suppose, for example, that the sponsor recently started a new job after a long period of unemployment. If the sponsor has a reasonable prospect that the employment will continue, then it may well be that the affidavit of support will be sufficient. If, however, the new position is, by its terms, only temporary or seasonal, it would be reasonable to hold that the income is not sufficient to show that the sponsor can reasonably be expected to be able to maintain his or her household income at the income threshold.

So, to answer your question, the joint sponsor's CURRENT income is most important, but if the 3 years past tax returns or other evidence suggest that the joint sponsor can't in the FUTURE maintain an income at the threshold, then the I-864 can still be denied.

Source: Affidavit of Support Help Center.

Hi CG & LG,

On the second question, to figure out whether your father should be a joint sponsor or a household member. First, answer for yourself whether your father PRESENTLY meets the requirements for each (apart from the minimum income requirement):

According to the Affidavit of Support Help Center, to be a sponsor, he must be:

1. a U.S. citizen, national, or permanent resident;
2. age 18 or older; and
3. domiciled in the U.S., including a U.S. territory or possession.

To be a household member who signs a Form I-864A, he must:

• Be at least age 18.
• Be a U.S. citizen, national, or lawful permanent resident. And
• Either:
  • Be the sponsor’s spouse, adult child, parent, or sibling, and live in the same principal residence as the sponsor; or
  • Have been lawfully claimed as a dependent on the sponsor’s most recent Federal income tax return.

Assuming your father presently meets the requirements to be either a sponsor or a household member signing Form I-864A, to my mind, the key fact that you've disclosed is that you are moving out of your father's house in March 2016 (3 months after you file the I-864). This may be important because it's a general principle of immigration law that the applicant must qualify both at the time of filing and at the time the application is adjudicated. In particular, it is USCIS policy that "An affidavit of support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated." Your father may no longer qualify as a "household member" on the date your husband's case is adjudicated.

Meldia,

USCIS and the State Department list several factors that may show an intention to reestablish domicile in the U.S.

The major ones, it seems to me, include:

• Accepting a job or “seeking employment” in the U.S.
• Signing a lease, purchasing a residence, or making arrangements to stay in another’s home. (Just beginning a house search is not mentioned but may be relevant too).
• Registering children in U.S. schools.

The minor ones, it seems to me, include:

• Opening a bank account or transferring funds to the U.S. or investing in the U.S.
• Voting in U.S. elections.
• Getting a U.S. driver’s license.

This list of factors is not meant to be exclusive. A sponsor may have other relevant evidence of plans to reestablish domicile in the U.S. For example, maybe you posted on Facebook that you intend to move back to the U.S. and 10 friends and relatives commented, "Yeah!"

Meldia7,

My understanding of the facts is that you are living abroad but just began a new job for which you will be paid on commission. You will be moving to the U.S. not later than your spouse.

If that's correct, then according to this Affidavit of Support Help Center, Parts 5.2 and 6:

1. Any wages shown on your 2014 tax return aren't relevant to your ability to support your spouse in the U.S. because once your spouse arrives in the U.S. you will no longer be working that job.

2. You can only speculate about your income from the job since you don't yet have a track record showing how much you can expect to earn each month: you don't yet have good evidence.

So yes, you should consider another strategy to prove your income and/or assets are sufficient to support your spouse--consider relying on your assets and/or your spouse's, or consider finding a joint sponsor.