Two poor students filing I-130

[rmaguir 0]

My wife and I filed our I-130 petition at the American Institute in Taiwan two days ago. They actually accepted it despite my not having been in Taiwan for six consecutive months (I had ample proof that I'd been here for 20 out of the last 24 months), but, the officer cooled our excitement by explaining that the next step would require me to prove that we had the ability and the intention to set up a permanent residence in the US. I knew this was a part of the process, but some of the stuff he mentioned sort of made me nervous.

He mentioned that I should take out a lease on an appartment or something like that. I explained that I was a applying to graduate school, so we didn't even know what city we'd be eventually settling in. Our plan is to go back to my home town for about six months, work, save money, then move to the city where I'll be studying. When I asked about showing my grad school apps to prove that we intended to set up residence wherever, he shrugged and said that he can't make any guarantees because this is a bureaucracy and one never knows what the officer we talk to next will say.

Moreover, he said that I'll have to prove how I'm going to pay for it, which I don't know. I'll have to wait until I get accepted to see how much aid, if any, I get, then to see the loans I'll have to get. Moreover, my wife will be looking for work in the US. I've got faith that being fluent in French, Chinese, and English, having several degrees, etc. will bode well for her job prospects, but we won't know until we get back to the US and know where we're going.

So, why don't you just stay in Taiwan until all this is figured out? Aside form the fact that the last four years have just been a lot of moving for us, and that we're just ready to get to the US and settle down, the other issues make a Catch-22 situation. We're trying to make a transition from being the poor students that we've been for the last four years in France and Taiwan to a more stable (more-profitable?) life. however, in Taiwan, we are sort of stuck in limbo here. We are here too short to get good jobs, and one of the main reasons we want to get back is to save up money in my hometown where I have the connections that could probably get us good enough temporary work and to do a job search once we know where we're going next.

So, what can I do? Can we show my wife's resume as proof that she'll probably get a pretty good job? How much will my grad school apps help?

[kaffy 2]

Ask a family member to act as a joint sponsor.

[rmaguir 0]

Ask a family member to act as a joint sponsor.

easy as that?

[kaffy 2]

Yup, as long as they meet and exceed the poverty guidelines.

I just finished grad school and now it's my husband's turn. We are paying our own way with savings but as husband has been residing overseas for the past few yrs he could not prove adequate US income. We asked his parents to be our co-sponsors and that satisfied the USCIS Affidavit of support requirements.

[Dakine 26]

Doubt if you have a chance doing a DCF without a joint sponsor. You also have to show domicle in the US.

[rmaguir 0]

Can you explain exactly what this means.

What we're talking about here is a I-864 affidavit, right? But I see I-864, I-864A, I-864W, I-864EZ. Which should I ask my parents to fill out? Also, do I still need to fill one out in addition to my parents'?

[kaffy 2]

Also, do I still need to fill one out in addition to my parents'?

Yes, you will complete an I-864. Your joint sponsor/parent will complete another I-864, and if your other parent wants their income to be included too then they will complete an I-864A.

But I see I-864, I-864A, I-864W, I-864EZ

See: http://canberra.usembassy.gov/consular/vis.../affidavit.html for an explanation of the different forms

Edited September 21, 2008 by kaffy

[rmaguir 0]

Also, do I still need to fill one out in addition to my parents'?

Yes, you will complete an I-864. Your joint sponsor/parent will complete another I-864, and if your other parent wants their income to be included too then they will complete an I-864A.

But I see I-864, I-864A, I-864W, I-864EZ

See: http://canberra.usembassy.gov/consular/vis.../affidavit.html for an explanation of the different forms

Thanks Kaffy!

That clears up the money issue, but does it clear up the residence issue? I've seen information that leads me to believe that I can't use my parents house as my permanent residence in the US, that I need to have my own location. Do you think they'll understand that I won't know where we'll be living until I hear from the grad schools to which I'm applying?

[kaffy 2]

You can use your parents address as your permanent mailing address. This is the letter we included with our I-864 to prove that my husband met the domicile requirements:

I, <insert name here>, am currently residing in <insert country of residence>; however, my country of domicile is the United States. I have maintained domicile with the US through:

1. Proof of maintaining bank accounts in the United States

2. Proof of having a permanent mailing address in the United States

3. Proof of current Washington state driver’s license

I have also taken the following steps to re-establish my domicile further by:

1. Graduate school acceptance letter from <insert university name here>

2. Housing application form submitted 24 June 2008

3. Arrangements to relinquish residence abroad

Please find attached documentary proof of the above conditions

The proof we attached included: bank statements addressed to his parent's residence, letter from the IRS addressed to his parent's residence, copy of driver's license, acceptance letter from grad school, photocopy of housing request form, receipt and itinerary from travel agent showing one-way air ticket back to the US. I think that's it..

Edit to add- Page 5 and 6 will explain Domcile further: http://www.uscis.gov/files/form/I-864.pdf

Edited September 21, 2008 by kaffy

[rmaguir 0]

Should I go ahead and get my parents to fill out an I-864 affidavit, or do I need to wait until we get the next packet of information?

If now, should I get them to mail it to me here or to NVS?

[Thai family 0]

If you've been a student for a protracted period of time it's normal to have a domicile the same as the parents.

My son was not allowed to DCF in Thailand because he was there on a student visa. He'd been there for two years without a return to the US at the time. As long long as you receive official mail at your parents address, have a DL, US bank accounts, etc., I don't see why you would need a lease. Just be honest with them. Include a notarized letter of your plans and intent if you are concerned. Student status is usually deemed temporary. It's the same principle as home of record is in the military. Submitting proof of having been a student also might help. Some evidence might include the student visa in your passport, transcripts or a diploma.

Good luck!

[rmaguir 0]

If you've been a student for a protracted period of time it's normal to have a domicile the same as the parents.

My son was not allowed to DCF in Thailand because he was there on a student visa. He'd been there for two years without a return to the US at the time. As long long as you receive official mail at your parents address, have a DL, US bank accounts, etc., I don't see why you would need a lease. Just be honest with them. Include a notarized letter of your plans and intent if you are concerned. Student status is usually deemed temporary. It's the same principle as home of record is in the military. Submitting proof of having been a student also might help. Some evidence might include the student visa in your passport, transcripts or a diploma.

Good luck!

Luckily, I've been working too, so I'm allowed to file DCF.

Regardless, I intend to submit anything and everything that could be of importance during this process.

[Todd-Leah 0]

Usually, a convincing combination of several of the following types of action might be considered as an indication of U.S. domicile:

-Establishing an address in the United States

-A bank account and/or transferring funds to the U.S.

-Seeking employment/enrollment to schools

-Voting in local, state or federal elections

It's alright to use your parents' address for the above.

Leah

[kaffy 2]

Should I go ahead and get my parents to fill out an I-864 affidavit, or do I need to wait until we get the next packet of information?

If now, should I get them to mail it to me here or to NVS?

Yeh, go ahead and ask them to fill out the form and gather the documents they will need (IRS transcripts, W-2s, copy of passport biographic page, etc). When it's complete ask them to mail it to you