DCF Tokyo, I-864 question

[jj_154 0]

Hi,

I am USC living in Japan and will submit an I-130 for my wife (Japanese citizen) so we can move back to the U.S. The Tokyo office requires an I-864 to be submitted with the I-130.

1. I do not know how to answer the question about domicile. I have been working in Japan for 5 years at a Japanese company. If I do not put "U.S.A.", will the form be automatically rejected? I have been living in Japan for about five years and my wife and I want to move back to the U.S. this summer. So, I would say my residence is in Japan, but if I put "Japan", will I still be able to submit the form? On the other hand, I have read a lot of documents saying that "country of domicile" isn't that strict in some sense. For example, I still have a valid U.S. driver's license using my

parent's address, have various U.S. bank accounts and U.S. stock accounts, still file both federal AND state tax returns, and always had the intention of returning to the U.S.. So I think I have at least an argument that I have never technically given up my domicile in the U.S.

Any suggestions or advice on what should I put?

2. Concerning income guidelines, how are additional assets used in determining if you can support your beneficiary? Since I work for a Japanese company in Japan, I think I cannot use this income as evidence for my support (is this correct?) even though it is enough to easily pass. However, I do have a number of financial assets in the U.S. (bank accounts, stocks, CD'S) that would be enough to live on for several years (at the poverty level guidelines). Can I put my Japanese income on my I-864?

Thanks for any help,

John

[MargotDarko 0]

Hello there! Definitely put USA as your domicile. It is essential in getting the visa approved and it is true actually from all the things you've stated that you still have in the US.

You are correct that your current income does not count towards the requirement as it will not continue when you move the US, but you should put it on the form in USD as it is currently your income and the forms should be true based on your current situation. If it is just you and your wife, you will need to show approx $53,000 USD in assets (needs to be able to be accessed within one year as cash). If you are not able to do that, a joint sponsor based in the US with sufficient income can be used. Good luck!

[jj_154 0]

Hello there! Definitely put USA as your domicile. It is essential in getting the visa approved and it is true actually from all the things you've stated that you still have in the US.

You are correct that your current income does not count towards the requirement as it will not continue when you move the US, but you should put it on the form in USD as it is currently your income and the forms should be true based on your current situation. If it is just you and your wife, you will need to show approx $53,000 USD in assets (needs to be able to be accessed within one year as cash). If you are not able to do that, a joint sponsor based in the US with sufficient income can be used. Good luck!

Hi,

Thanks for your help.

Between my bank accounts, stocks, and CD's, I have more than that amount of assets in the U.S. Can I also include my assets in my Japanese bank (converted to U.S. dollars)? It would definitely make it safer if I could. Due to the interest and dividends from my assets, I do have about $4,000 income reported on my 1040. Would this income reduce the amount of assets required? I could ask a family member to be a join sponsor, but I am trying to avoid this if I can.

What kind of documents do I need as proof for my bank assets? Will a simple copy of a recent bank statement be sufficient?

Thanks,

John