I 864 when working outside USA

[vids 0]

Hello and all members,

I am writing on this forum for the first time though always keep reading the post.

I really need some sincere advice regarding I 864, Looking forward to hear for your valuable advice.

I got married to a LPR (GC holder) in June 2005 working in USA since 2002.

and he filled for my I 130 In Jan 06 when I was in India and he was in USA.

In 2006 we decided to be together and for family consideration and to look for a Job we moved to UK and since AUG 2006 we are residing here and working here, but Obviously only on temporary basis till I get my immigrant visa to USA.

To maintain domicile and his LPR status, he has a valid Re entry permit; he files taxes every year and have an operational Bank Account as well and a permanent mailing address.

Now coming to the question, recently my I 130 got approved and now NVC has sent us Form I 864 and DS230 to be filled now we have realized as to his I 864 that :-

1. His UK Income does not count to meet the Income requirement, which means we have to prove it through assets and secondly.

2. He needs to foremost clear the domicile requirement.

Please suggest us

Question no 1. Have we taken sufficient steps to prove domicile, if not what else can we do for that.

Question no 2. If we need to show assets which for a household size of two is 18310( 100%) so 22888(125%) multiplied by 5 times = 114437 USD or 53,00,000 Indian rupees .If my calculation is correct can we show this by out property in India and if yes

a) What documents we need as a proof?

B) Where do we get the valuation done?

c) Do we meet the third condition that money should be easily taken from India to USA?

d) How do we prove that they are convertible to cash in 12 months, we have no mortgage on these properties.

Question no 3 Do we fill Zero in income and last three tax year figures as after exemption 2555( USA and UK tax treaty) his salary shows zero taxable dollars

Please be patient with the long post as it was important to tell the background, and please do respond with what ever information and experience you have,

Thanks in advance Vids

[Penguin_ie 5,996]

1. The domicile requirement may be tricky for you, as your husband is "only" a LRP, not a citizen. However, the fact that he has a re-entry permit will hopefully count for something.

2. Most embassies will not take foreign assets into consideration. I am not sure about the NVC as my experience is with DCF, ie when the petitioner lives abroad also. You may need to move your assets to the USA (this will also help with proving domicile), for example by liquidising your assets in India and buying a home for you to move to in the USA.

On the positive side, as you are married, only 3x assets will be needed, not 5x. Documents depend on the type of assets, such as deeds to a house, certificates of shares etc.

3. You have income, it is just not taxable, there is a difference.

[trailmix 77]

Question no 1. Have we taken sufficient steps to prove domicile, if not what else can we do for that.

My advice would be to look very carefully at the domicile descriptions in the I-864 instructions. He has been living abroad for over 3 years, so proving a 'temporary' absence might be quite difficult. You may want to look at the instructions for proving he is 'reestablishing' domicile instead.

Question no 2. If we need to show assets which for a household size of two is 18310( 100%) so 22888(125%) multiplied by 5 times = 114437 USD or 53,00,000 Indian rupees .If my calculation is correct can we show this by out property in India and if yes

a) What documents we need as a proof?

b Where do we get the valuation done?

c) Do we meet the third condition that money should be easily taken from India to USA?

d) How do we prove that they are convertible to cash in 12 months, we have no mortgage on these properties.

You are looking at the guidelines for a household size of 3 - not 2. The amount at 125% for 2 is $18,212 - so three times that would be $54,636 USD you would have to prove in assets.

The I-864 instructions are pretty clear as to what you require to prove the value of an asset, in particular a house. You must have proof that you own it. As to the valuation, who does valuations on your houses there? Do you meet the condition that it can be easily converted to cash - there is no real answer to this, unless a person knows the market well - I would recommend that you at least get some documentation on demand for houses in that area - but even with that, as penguin mentioned it may not be accepted. I have no personal experience with people interviewing in the UK with assets in another country, hopefully someone who does will see your thread.

Question no 3 Do we fill Zero in income and last three tax year figures as after exemption 2555 (USA and UK tax treaty) his salary shows zero taxable dollars

No, the amount on the I-864 must match the gross amount on your tax transcript/return. You would fill in the amount of gross income (before adjustments) on the I-864 exactly as it appears on the tax return.

Edited December 9, 2009 by trailmix

[vids 0]

Question no 1. Have we taken sufficient steps to prove domicile, if not what else can we do for that.

My advice would be to look very carefully at the domicile descriptions in the I-864 instructions. He has been living abroad for over 3 years, so proving a 'temporary' absence might be quite difficult. You may want to look at the instructions for proving he is 'reestablishing' domicile instead.

Question no 2. If we need to show assets which for a household size of two is 18310( 100%) so 22888(125%) multiplied by 5 times = 114437 USD or 53,00,000 Indian rupees .If my calculation is correct can we show this by out property in India and if yes

a) What documents we need as a proof?

b Where do we get the valuation done?

c) Do we meet the third condition that money should be easily taken from India to USA?

d) How do we prove that they are convertible to cash in 12 months, we have no mortgage on these properties.

You are looking at the guidelines for a household size of 3 - not 2. The amount at 125% for 2 is $18,212 - so three times that would be $54,636 USD you would have to prove in assets.

The I-864 instructions are pretty clear as to what you require to prove the value of an asset, in particular a house. You must have proof that you own it. As to the valuation, who does valuations on your houses there? Do you meet the condition that it can be easily converted to cash - there is no real answer to this, unless a person knows the market well - I would recommend that you at least get some documentation on demand for houses in that area - but even with that, as penguin mentioned it may not be accepted. I have no personal experience with people interviewing in the UK with assets in another country, hopefully someone who does will see your thread.

Question no 3 Do we fill Zero in income and last three tax year figures as after exemption 2555 (USA and UK tax treaty) his salary shows zero taxable dollars

No, the amount on the I-864 must match the gross amount on your tax transcript/return. You would fill in the amount of gross income (before adjustments) on the I-864 exactly as it appears on the tax return.

Thanks a lot to both of you Penguin and Trailmix for your valuable advise, we will just go through it

I have one more doubt that

Question no 4 we were thinking to have my aunt as a as a joint sponsor, is it ok that petitioner has the same address as joint sponsor as we are using her address as my husbands mailing address or does he need to put his UK address in the forms

Thanks once again

vids

[vids 0]

Question no 1. Have we taken sufficient steps to prove domicile, if not what else can we do for that.

My advice would be to look very carefully at the domicile descriptions in the I-864 instructions. He has been living abroad for over 3 years, so proving a 'temporary' absence might be quite difficult. You may want to look at the instructions for proving he is 'reestablishing' domicile instead.

Question no 2. If we need to show assets which for a household size of two is 18310( 100%) so 22888(125%) multiplied by 5 times = 114437 USD or 53,00,000 Indian rupees .If my calculation is correct can we show this by out property in India and if yes

a) What documents we need as a proof?

b Where do we get the valuation done?

c) Do we meet the third condition that money should be easily taken from India to USA?

d) How do we prove that they are convertible to cash in 12 months, we have no mortgage on these properties.

You are looking at the guidelines for a household size of 3 - not 2. The amount at 125% for 2 is $18,212 - so three times that would be $54,636 USD you would have to prove in assets.

The I-864 instructions are pretty clear as to what you require to prove the value of an asset, in particular a house. You must have proof that you own it. As to the valuation, who does valuations on your houses there? Do you meet the condition that it can be easily converted to cash - there is no real answer to this, unless a person knows the market well - I would recommend that you at least get some documentation on demand for houses in that area - but even with that, as penguin mentioned it may not be accepted. I have no personal experience with people interviewing in the UK with assets in another country, hopefully someone who does will see your thread.

Question no 3 Do we fill Zero in income and last three tax year figures as after exemption 2555 (USA and UK tax treaty) his salary shows zero taxable dollars

No, the amount on the I-864 must match the gross amount on your tax transcript/return. You would fill in the amount of gross income (before adjustments) on the I-864 exactly as it appears on the tax return.

Thanks a lot to both of you Penguin and Trailmix for your valuable advise, we will just go through it

I have one more doubt that

Question no 4 we were thinking to have my aunt as a as a joint sponsor, is it ok that petitioner has the same address as joint sponsor as we are using her address as my husbands mailing address or does he need to put his UK address in the forms

Thanks once again

vids

Also thanks for correcting me about the amount but even than my understanding is that we still need to multiply it by 5 not 3 as that is only for US citizes not LPR, am i right.

[Brother Hesekiel 2,236]

I am not sure if I missed it in your post, or you omitted some important information, but if your husband lives with you in the UK since August of 2006, there's no reentry permit that would override the residency requirements of an LPR. More to the point, a reentry permit is required for absence of over a year from US, but this absence can't be longer than 2 years. After 2 years, the LPR has abandoned his or her residence and the Green Card will be taken away when trying to enter the US.

So where's the missing link here?

[aaron2020 11,651]

I am not sure if I missed it in your post, or you omitted some important information, but if your husband lives with you in the UK since August of 2006, there's no reentry permit that would override the residency requirements of an LPR. More to the point, a reentry permit is required for absence of over a year from US, but this absence can't be longer than 2 years. After 2 years, the LPR has abandoned his or her residence and the Green Card will be taken away when trying to enter the US.

So where's the missing link here?

Correct. Re-entry permits for good for generally good for only two years. An LPR cannot be outside the US for more than 2 years without having deemed to have abandoned that status.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

http://travel.state.gov/visa/immigrants/info/info_1333.html

Returning Resident Alien

A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee.

A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Citizenship and ImThe permit is valid for two years and may not be extended.migration Services (USCIS) in the Department of Homeland Security for Reentry Permit. If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission.

A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with USCIS prior to departure from the United States. Further information may be obtained from the USCIS office having jurisdiction over the alien''s place of residence in the United States.

Travel documents required for entry into foreign countries come within the jurisdiction of the government concerned; information on such matters should be requested from the representatives of those countries in the United States. A Reentry Permit contains space for visas issued by consular representatives of other countries.

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

Edited December 9, 2009 by aaron2020

[trailmix 77]

Also thanks for correcting me about the amount but even than my understanding is that we still need to multiply it by 5 not 3 as that is only for US citizes not LPR, am i right.

I don't actually know the answer to this, it doesn't mention it on the I-864.

[vids 0]

Also thanks for correcting me about the amount but even than my understanding is that we still need to multiply it by 5 not 3 as that is only for US citizes not LPR, am i right.

I don't actually know the answer to this, it doesn't mention it on the I-864.

hi everyone,

My husbands Reentry Permit is valid till End 2010as, he had been to USA twice last year and because our first re entry permit was finishing we did apply for a new one and have told its because of his job and family reasons he need to stay outside USA for some more time.

can you please answer my questions with this updated information.

THANKS VIDS

[Brother Hesekiel 2,236]

As you can see, people are holding back, but I'm a straight shooter and thus will give you my two cents worth.

The fact that your husband has another reentry permit in his hands after basically 3+ years living in England -- despite the two visits to the US in between -- means nothing. Unless you are lucky as a lottery winner, I'm confident that your husband is not a LPR anymore and the moment you arrive at customs and immigration and they scan his green card, they will take it away, and rightfully so.

Keep in mind that even an absence of 6 months can raise a red flag, but living the past 3-1/2 years in the UK is so clearly an abandonment of residency, it would qualify for an immigration textbook.

Thus, no need to worry about proof of income and resources. It won't be an issue at all.

Edited December 12, 2009 by Just Bob