Question regarding U.S. domicile

[bluesocks 1]

Hello,

I'm the USC (with Irish residency), my husband has Irish citizenship. We're currently living and working in Ireland and plan to file DCF early next year.

In regards to U.S. domicile, I've read that I'm required to have employment in the U.S. as part of the terms of the I-864. Is this true?

I continue to file U.S. income tax while I live in Ireland, I recently renewed my California driver's licence and I have a savings account in the U.S. (the amount of which far exceeds the 125% of poverty level). Is this enough to establish domicile or do I need to show proof of a job offer in the U.S.?

One other I-864 question. My husband and I have a joint bank account in Ireland. Can we include that account as part of our assets, or will we need to wire that money to the U.S. prior to submitting the I-864?

Thank you for any advise you can provide.

[trailmix 77]

Hi,

No, it is not true that you will need to have employment in the U.S. to prove domicile.

Your evidence of continuing domicile seems pretty good.

Since your Husband is interviewing in Ireland, there should be no problem with having the cash in your Irish bank account counted towards your assets, no need to wire it to the U.S.

If you have a look at the I-864, page 6, you will see there are 3 ways to prove domicile basically:

A. You are employed by a certain organization.

B. You are living abroad temporarily.

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

You will either want to look at B or C - decide which best suits your situation/evidence and go with it.

One thing you might also want to include, regardless of which one you choose is a place to live in the U.S.. For instance, a letter from your relative, stating that you and your Husband will be residing with them after his visa is approved and you move to the United States.

Edited October 18, 2008 by trailmix

[kaffy 2]

You don't need to have a job in the US in order to prove domicile.

I assume you are using your assets to meet the poverty requirement, in which case I think the minimum requirement is that they need to be at least 3 times the poverty guidelines - and assuming you are reporting $0 income then that would be 3 x 125%. If you can show that already in your US account, great. Otherwise it may be a good idea to begin wiring money back from your Irish account.

From the I-864 form:

Form I-864 Instructions (Rev. 10/18/07)Y Page 9

In order to qualify based on the value of your assets, the total

value of your assets must equal at least five times the

difference between your total household income and the

current poverty guidelines for your household size. However,

if you are a U.S. citizen and you are sponsoring your spouse

or minor child, the total value of your assets must only be

equal to at least three times the difference.

This is my understanding anyway.. I'm sure others here will be able to provide more advice

[trailmix 77]

Good point kaffy - I hadn't noticed that the OP just said 125% - and you are correct - they will need 3 x the 125% in assets. Income will not count in this situation, unless that income will continue after you move to the U.S.

Edited October 18, 2008 by trailmix

[bluesocks 1]

Thank you for your replies.

If I'm understanding this correctly... based on the current 125% guidelines, a family of two requires US$17,500. Meaning we would need US$52,500 ($17,000 x 3) in assets.

Does this entire amount need to be in a U.S. bank account?

[trailmix 77]

Thank you for your replies.

If I'm understanding this correctly... based on the current 125% guidelines, a family of two requires US$17,500. Meaning we would need US$52,500 ($17,000 x 3) in assets.

Does this entire amount need to be in a U.S. bank account?

Hi,

You are understanding the amount required correctly.

No, as I mentioned above, it does not necessarily. As your Husband will interview in Ireland, they should have no problem recognizing assets in Ireland. That said, different consulates have different rules. Perhaps someone who has had this situation in Ireland will come along and share their experience, however it wouldn't hurt for you to contact the consulate and ask them.

We used assets in a Canadian bank - granted by the time the interview rolled around those assets were in a Canadian U.S. dollar bank account - however I don't think that really had any bearing on it.

Edited October 19, 2008 by trailmix

[MargotDarko 0]

It should be fine that the assets are in an Irish bank. However, you want to consider how much will be lobbed off by wire transfer fees and the exchange rate. If after wire transfer fees and shaving 10 cents to the Euro off the current exchange rate you would still have $52,500 USD, I would be very surprised if they had a problem with it.