Questions on I-864

[jonesg111 0]

Alrighty,

1. On the form I-864 question 12. It is asking for mailing address and then place of residence in question 13.

So the question is, my wife is the USC and lives with me in Canada right now on a visitor's visa. Is this the place where we want to say the mailing address is here in Alberta and her residence is in the US?

2. If that is the case where we say her residence is in the US then since her Dad is the co-sponsor should we have had him fill out the I-864a? They both "live" at the same address or at least did up until she moved up here with me. At some point here I thought we wanted to prove domicile in the US, is this that stage?

Thanks again

[wowswift 3]

I used my mom's address and since she was a joint sponsor, I just had her fill out her own I-864 and made it through NVC. As far as domicle, I hit that problem at the interview. I guess since I used my mom's address for everything. Anyways, I did have to prove domicile after the interview and they asked me to get a lease with my mother, which I did, and I sent in all the other stuff that I brought to the interview anyways that they wouldn't look at and was approved after they got everything.

[trailmix 77]

Alrighty,

1. On the form I-864 question 12. It is asking for mailing address and then place of residence in question 13.

So the question is, my wife is the USC and lives with me in Canada right now on a visitor's visa. Is this the place where we want to say the mailing address is here in Alberta and her residence is in the US?

2. If that is the case where we say her residence is in the US then since her Dad is the co-sponsor should we have had him fill out the I-864a? They both "live" at the same address or at least did up until she moved up here with me. At some point here I thought we wanted to prove domicile in the US, is this that stage?

Thanks again

Absolutely, use the U.S. address as her place of residence. For mailing address you can use the Canadian Address if you like. Just be sure to answer question 15 (country of domicile) as U.S..

Yes, her Father should use the I-864A as he is a household member.

And yes, this is the stage where she has to prove domicile.

How long has she been visiting btw and when is she returning to the U.S.. If it is a fairly short period, proving domicile will not really be an issue.

[jonesg111 0]

She has been here since last may 2007, so about 7 months

[trailmix 77]

She has been here since last may 2007, so about 7 months

How long is her visitor's visa good for (or did she just cross the border as 'visiting')? Will she be returning to the U.S. before you go for your interview?

The thing is, I thought that perhaps she had been here less than 6 months, because you mentioned the 'visitor's visa'.

Proving domicile should not be very difficult - because she hasn't been out of the U.S. that long.

The decision you need to make is, are you going to put forth that she is basically already domiciled in the U.S. or are you going to prove that she is planning to 'reestablish domicile no later than the intending immigrant'.

As you probably already know, domicile does not necessarily mean that you have both feet in a particular country - so I can't really offer any helpful advice without knowing when she will be returning to the U.S.

Edited January 26, 2009 by trailmix

[jonesg111 0]

Well we plan on returning to the US once I get my visa, which we think will be later this year sometime, probably no sooner than July.

[trailmix 77]

Well we plan on returning to the US once I get my visa, which we think will be later this year sometime, probably no sooner than July.

Ok so two issues arise from that.

First of all, will your wife have legal status in Canada or is she just overstaying? I don't know if the U.S. consulate frowns on this or not - anyone else know?

Secondly, say your interview does take place in July, she will have been resident in Canada for over a year, so you may need to take further steps to 'reestablish' domicile.

You may want to read some of wowswift's posts which relate to his experience and the thread below may help as well.

http://www.visajourney.com/forums/index.ph...=164618&hl=

[jonesg111 0]

My wife's visa is good until June of 09. So if we were here past that, then yes, we would be overstaying the visa.

We do have a joint account already opened in the US along with joint credit card accounts. She should be able to get a voting record since she has kept that up since leaving last June.

What I was planning on doing after listening and reading all this information is to say that she is only out of country temporarily. The proof of that would be the temporary visitor's visa from Canada, bank accounts still open in the US, vehicle registration still in the US. We might also get a letter from her folks saying that we will be living with them when we move back, if necessary.

Does this sound like a good route to go? Because it seems like the easiest and best to me.

[trailmix 77]

My wife's visa is good until June of 09. So if we were here past that, then yes, we would be overstaying the visa.

We do have a joint account already opened in the US along with joint credit card accounts. She should be able to get a voting record since she has kept that up since leaving last June.

What I was planning on doing after listening and reading all this information is to say that she is only out of country temporarily. The proof of that would be the temporary visitor's visa from Canada, bank accounts still open in the US, vehicle registration still in the US. We might also get a letter from her folks saying that we will be living with them when we move back, if necessary.

Does this sound like a good route to go? Because it seems like the easiest and best to me.

Sounds like you have a lot of good proof for domicile there.

It can't hurt to also have her write a letter saying that she intends to go back to the US no later than <you>.

I would recommend that you do get that letter from her parents, even if you don't want to send that to NVC, for whatever reason, I would recommend that you take it with you to the interview.