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Posted

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

Question no 4 If we have my aunt as a joint sponsorer, is it ok that petitioner has the same address as joint sponsore as we are using her adreess

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

Posted

Hi there

Firstly, it sounds as though you are filing for an IR1 through Direct Consular Filing, since he is in the UK with you. So, please ask for this post to be moved to the DCF general discussion, where you'll get more relevant, experienced help (and also ask them to delete your duplicate post ;) )

Is your husband an LPR or a naturalised USC?

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Posted
Hi there

Firstly, it sounds as though you are filing for an IR1 through Direct Consular Filing, since he is in the UK with you. So, please ask for this post to be moved to the DCF general discussion, where you'll get more relevant, experienced help (and also ask them to delete your duplicate post ;) )

Is your husband an LPR or a naturalised USC?

Hi Thanks for the reply as mentioned in my post my husband is an LPR I got married to a LPR (GC holder) in June 2005 working in USA since 2002.

Also we are not filling DCF, I have put in my question at NVC because we need to send back our I 864 to NVC, and hence looking forward for members to answer who have gone through the same route.

As to how to fulfill I 864 requirements

 
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