Jack85

You did explain it but there is a huge amount of conflicting information on this site.

With regards the quiz (LOL)the I-864 is the for adjustment of status in the US, when applying for PR.

The spouse will be domiciled in the US once we move there.

Did I pass?

I did think the savings needed to be in a US account as it is listed on the form as 'balance of savings in US accounts'.

Hi Wuozopo,

Thanks for your reply  - really appreciate it. its reassuring to read your post.

Am I correct in saying the issue of domicile and assurance of support is not relevant then for the k1 application, until we file for adjustment of status which by then we will hopefully be living in the US?

Much of the websites/research I have done does imply that the domicile and the assurance of support are important criteria to meet, hence my confusion in what important steps we need to do to ensure we can be granted the visa.

Your reply does make me feel much better and is reassuring that I may be stressing unnecessarily. 

20 minutes ago, geowrian said:

They submitted an I-129F petition. The visa application comes later. USCIS does not deal with visas.

 

Assets are permitted in conjunction with or separately from income. The minimum asset level is 3 x the income level for a spouse.

That said...why didn't you marry and do DCF instead? This only takes a few months, is cheaper, and is much faster (usually a few months to get the visa). The visa is also vastly superior (no wait to work or travel abroad after entry, no AOS, can become a citizen sooner, can easily get a driver's license, etc.).

 

Domicile, with regards to immigration, is more than just have a place to sleep. Voting and filing taxes is good (as is required!). Researching things like jobs, moving expenses, etc. can also show intent to re-establish domicile.

The wiki here has some other ideas for domicile/intent: http://www.visajourney.com/wiki/index.php/NVC_Process

HI Geowrian,

3 x income level for a spouse - Do you mean 3 x minimum poverty threshold?

Hi Payxibka,

Nothing prevented us from doing that. It's just an option we didn't pursue.

In hindsight it probably would have worked well.

Hi Geowrian,

Thank you for your reply.

Yes we submitted the petition for the application. Not the actual k-1 Application yet. Thanks for the correction.

While the DCF is indeed quicker and is a faster process, we want to get married in the US as there are places that hold much sentimental value/memories to us, hence why we chose this path. It will also allow my girlfriends family to attend.

Hi There, 

I Have been a reader of this forum for quite some time and it has helped me immensely with preparing my K1 visa application. My partner and I have submitted a K1 application, it is with USCIS at the moment so waiting for the next stage (NOA2) like many people here.

My partner is the United States citizen, and she has lived in the UK for about 16 years, which is where I'm from and where we met. We have been together for 10 years. 

My question is around the affidavit of support (I-134) when it comes to consular processing. My partner will be leaving her job and will not have a job in the USA prior to us going there. So technically, we won't meet the minimum poverty threshold amount for those purposes as she won't have a job prior to going to the USA. However my partner has cash savings over $200k which we plan to transfer to a US account which we can use in place of the threshold income requirement.

My question here is to ask if that will be a problem on the I-134 form? Or the subsequent 1-864 for when it comes time to adjust status, or simply that we can meet that requirement given we have enough savings as an alternative to having a job?

My second question is around the domicile requirement. All my partners family are in the USA, they are very close to each other, and we are planning on living with them when we first arrive. Although my partner has not lived in the US for 16 years, she has very close ties and visits the US every year, sometimes twice a year. In the time since we met, I have made about 20 trips to the US see her family and spend Christmas, Thanksgiving together. So she has close ties with the US. She continues to file tax returns, votes, etc.

I have read conflicting reviews that the domicile requirement is not heavily enforced with applying for the initial K1 visa as it is termed a non-immigrant visa. When we do come to applying to adjust status we will already be living there so i don't see a problem establishing the domicile requirement then. 

Is there anything else i'd need to be aware of to ensure we meet the domicile requirement which shows the intent to reestablish her ties with the USA? 16 years is a long time to be living elsewhere so I just want to make sure we are doing all the right things. I have read other posts where some US citizens has never even lived in the US, (they inherited citizenship from their parents), and had no issue with moving to the US.

I have reviewed the steps to reestablish domicile like looking for an apartment to lease etc etc, but it is to soon for that as it could be another 12 months before the visa is granted and we actually go. And as we plan on living temporality with my partners parents, looking for an apartment is not really relevant to us at this stage.

Thanks in advance for any responses. This site is indeed terrific and I'd appreciate any replies.

Jack,