Proving domicile when not living in the U.S.

[New User 1000 4]

NLR is right. Just ensure that your spouse/inlaws fills out the form and signs it. Take that original to the interview to avoid any delays.

Edited June 8, 2015 by New User 1000

[canuckmoran 7]

Hey NLR.

I/we are filling out the new I-864, but I have one question. Does my wife put her new annual income in? Even if she has only been there for weeks? Will we need to bring paystubs or bank statement with payroll deposit to prove her new income?

Thanks

Because the NVC doesn't care past the interview given date point. Montreal will however.

[NikLR 13,228]

Hey NLR.

I/we are filling out the new I-864, but I have one question. Does my wife put her new annual income in? Even if she has only been there for weeks? Will we need to bring paystubs or bank statement with payroll deposit to prove her new income?

Thanks

Yes she does. Yes bring proof of her current employment via pay stubs and/or employer letter.

Remember her current employment income is

hrs per week x pay per hour x 52.

[MarciaSean 11]

Here is my situation: I am a U.S. Citizen and a Canadian Permanent Resident (since 1999). Both my husband and I live in Canada but I have strong family ties in the U.S. We go visit my mom in the states about every 4 - 6 weeks since it is only 6 hours drive away. I am planning on staying in Canada until my husband gets his Visa and then we will sell our house and permanently move to the U.S. We will be living with my mom (who is an I-864A co-sponsor) in the family home rent-free for as long as needed. We will be applying for jobs as soon as possible in the U.S.

I will have no U.S. income to report when I complete the I-864 since I work in Canada. I have filed my U.S. tax returns on the foreign income so I will include with form. We will have available cash from the sale of our house and investments in Canada. I would hate to leave my good paying job before it is necessary just to prove domicile.

Any advice is appreciated.

[New User 1000 4]

Hey 4cats1house,

Get your mom to also complete an I-864 as well. That's why I was not approved at the consulate. I am in similar situation as you where my in laws are sponsoring me and my husband is here with me in Canada. He will also move to the US when I will. The officer just said that my in-law have to file i-864 as my husband is living with me here. I would advise you that you complete that and take original signed copy from your mom. Take both your US tax returns, your mom's tax returns (they will want that). Let me know if you have any more questions.

Also ensure your husband have all police certificates.

Hope that helps.

[MarciaSean 11]

Here is my situation: I am a U.S. Citizen and a Canadian Permanent Resident (since 1999). Both my husband and I live in Canada but I have strong family ties in the U.S. We go visit my mom in the states about every 4 - 6 weeks since it is only 6 hours drive away. I am planning on staying in Canada until my husband gets his Visa and then we will sell our house and permanently move to the U.S. We will be living with my mom (who is an I-864A co-sponsor) in the family home rent-free for as long as needed. We will be applying for jobs as soon as possible in the U.S.

I will have no U.S. income to report when I complete the I-864 since I work in Canada. I have filed my U.S. tax returns on the foreign income so I will include with form. We will have available cash from the sale of our house and investments in Canada. I would hate to leave my good paying job before it is necessary just to prove domicile.

Any advice is appreciated.

Hey 4cats1house,

Get your mom to also complete an I-864 as well. That's why I was not approved at the consulate. I am in similar situation as you where my in laws are sponsoring me and my husband is here with me in Canada. He will also move to the US when I will. The officer just said that my in-law have to file i-864 as my husband is living with me here. I would advise you that you complete that and take original signed copy from your mom. Take both your US tax returns, your mom's tax returns (they will want that). Let me know if you have any more questions.

Also ensure your husband have all police certificates.

Hope that helps.

Thanks for the reply User 1000.

I thought that I would have to complete the I-864 since I am the sponsor and my mom would complete the I-864A since we will be living in the same household and including her in the household count. I can have her complete both just in case.

So does that mean they will look at each persons income/assets individually and if neither meet the criteria (no income for me and my mom on social security) we will be denied. When do the assets come in? We will have enough available funds to live off of for several years but will be finding jobs as soon as possible so we don't have to deplete our reserve.

How long did the whole process take for you? At what point did you find out you needed have to provide the I-864 from your in-laws?

I just want everything to go smoothly so any help you provide is appreciated.

[New User 1000 4]

I went to the interview in Montreal with I-864 from my husband (know that this is because he was sponsoring me and he has zero income that could provide me financial support as he had no job in the US), I-864A from my father-in-law who has enough to financially sponsor me plus US tax returns from my husband and father-in-law. The officer at the consulate told me that I need I-864 from my father-in-law. This is because my husband isn't living with them at the moment. I strongly advice your husband take the I-864 original signed from your mom as well. Is your mom's income enough for the affidavit?

[MarciaSean 11]

I went to the interview in Montreal with I-864 from my husband (know that this is because he was sponsoring me and he has zero income that could provide me financial support as he had no job in the US), I-864A from my father-in-law who has enough to financially sponsor me plus US tax returns from my husband and father-in-law. The officer at the consulate told me that I need I-864 from my father-in-law. This is because my husband isn't living with them at the moment. I strongly advice your husband take the I-864 original signed from your mom as well. Is your mom's income enough for the affidavit?

My mom's income alone is not enough since she is only on social security, but she does has available cash via bank accounts and investments if needed.

We are hoping this will be enough.

This is my biggest worry.

[New User 1000 4]

Do you have a job offer? I took my and my husband's canadian tax returns as well (even though they didn't ask). I would take things like jobs you have applied, an offer you may have, etc. Honestly Montreal is very stringent about domicile and affidavit so I would try to strengthen your case there.

[MarciaSean 11]

Hello,

I have lived in Canada (permanent resident) for 16 years.

I know that I should move back to the US & find a job before my husband's IR-1 Visa is complete so I can show domicile and income to support. I have a contract at work until October so I am hoping to move after that.

At what stage of the process would be the best time? We are expecting our NOA2 in the next month. I know I have to send in the affidavit of support to the NVC shortly after petition approval but the only income I will report on it is zero US dollars but I do have assets in Canada. I will also have my mom as a joint-sponsor.

If I move after sending information to NVC but before the interview do I need to resubmit affidavit of support showing US income? US address?

Thanks for any advice.

[sean.law 2]

I am wondering the same thing as 4cats1house. At what point does the petitioner need to be living/working in the US? If we submit the AOS without any income and no US address, will we even move on to the interview stage? I'm hoping to delay moving apart as much as possible. I'm hoping that my wife (the petitioner) can move after submitting the AOS, then we get an interview, and I go in with all kinds of proof about US income and address. Is this possible or will she need to have all her ducks lined up by the time we submit the AOS?

[MarciaSean 11]

I am wondering the same thing as 4cats1house. At what point does the petitioner need to be living/working in the US? If we submit the AOS without any income and no US address, will we even move on to the interview stage? I'm hoping to delay moving apart as much as possible. I'm hoping that my wife (the petitioner) can move after submitting the AOS, then we get an interview, and I go in with all kinds of proof about US income and address. Is this possible or will she need to have all her ducks lined up by the time we submit the AOS?

sean.law,

Sounds like we are in the same situation. My husband is also Sean from Canada.

How far along are you in the process? Are your documents with USCIS now to be processed?

I know that any job I find in the states will be far less than what I am earning now since we are moving to a small town. We will be living with my mom since she is getting older so the cost of living will be low.

Hopefully someone will answer that has went through the whole process outside US and moved the same time as immigrant to US.

[canuckmoran 7]

Good morning everyone.

My wife and I had the similar situation as you both are going through. My wife is the USC (Pettioner) and was living with me here in Canada for the past few years and she stayed up here as long as she possibly could, however, her company knew she was planning on moving to the US so they found a spot for her in the city where we are moving. I believe this made the interview so much easier to go through. I would suggest, as painful as it is I would have the USC move back at least before the interview.

[sean.law 2]

4cats1house, we are not too far along in the process at all. Actually we just got married last week! So once we get the certificate we'll be sending off the I-130. We crave the small town life and are hoping to settle in Vermont.

I believe it's possible to file the I-864 without a job or domicile and get approved, but you'd need to show evidence that you intend to re-establish domicile. Driver's license, apartment lease, bank account, voting registration, etc. I believe that this will be enough to get through the I-864, and the NVC would then set up an interview with Montreal. However once at the interview stage in Montreal, they really want to see that the sponsor is living/working there. That's seems to be the recipe for success anyway.

So if wife (petitioner) is able to find work and a place to live in the US before the interview, I should be okay. At least that's what I'm getting from other people's experience.

[MarciaSean 11]

Congratulations sean.law on your recent marriage.

I think I will stay in Canada until closer to the interview date and then go down and start looking for a job. Since we will be living with my mom, we will not have a lease agreement. I do have a bank account and I have voted absentee ballot every since I left the US so I am a registered voter in the town where we will be living. I will get a driver's license as soon as I get down there.