Don't Know from where to start :(

[cut85 0]

Dear Forum,

First I want to thank for this great community that can help a lot of people around the world. I tried to search the forum for an answer to my case but couldn't find any. I would really appreciate it if someone could help me.

I'm an American citizen born in the US in 1989. My family Moved to Jordan in 1990 and never went back to the US. In June 2010 me and my boy friend(Non-American Citizen) are getting married. We are planning to live and work in the US. I want to ask about the process to apply for a green card for him through the embassy in Jordan. What are the requirements and papers needed for this process? How long does it take? Is is a problem that I've never gone to the US and I don't have ties there? I read about financial support for my husband, How can I do that and I have never worked in the US?

I think it's a complicated case and thank you all for your effort.

Sincerely,

Sandy

[Bobby+Umit 161]

Do you have a US passport?

Will you have a US domicile?

Will you have a job in the US when you enter?

The guides above will help you (with the DCF) - however, not having a means to support yourself (or your husband) can be a problem, let alone a US domicile.

You may need to get a US/LPR co-sponsor lined up to help you with the support issue. Not knowing the requirements for the embassy your going to, it would be a good idea to check with them to see what they want.

Your correct - it appears to be a complicated case - but the only thing I could see that would be an issue is the affidavit of support.

[cut85 0]

Do you have a US passport?

Will you have a US domicile?

Will you have a job in the US when you enter?

The guides above will help you (with the DCF) - however, not having a means to support yourself (or your husband) can be a problem, let alone a US domicile.

You may need to get a US/LPR co-sponsor lined up to help you with the support issue. Not knowing the requirements for the embassy your going to, it would be a good idea to check with them to see what they want.

Your correct - it appears to be a complicated case - but the only thing I could see that would be an issue is the affidavit of support.

Dear Bobby+Umit thanks a lot for your quick response...

Yes I do have a US passport.

I don't think I have a US domicile because I lived there for only 1 year when I was a baby.

I think I will start searching for a Job as soon as I arrive.

How I can solve the affidavit of support issue? I think The US/LPR co-sponsor won't be a problem my boy friend has a relative there that can do that.

I heard something from a friend but I'm not sure about it that we can open a joint account for me and future husband in a US bank and deposit an amount of money there that would help in the affidavit of support issue, do you know anything about that?

Thanks for your help

[Bobby+Umit 161]

Dear Bobby+Umit thanks a lot for your quick response...

Yes I do have a US passport.

Good!

I don't think I have a US domicile because I lived there for only 1 year when I was a baby.

No - domicile, in this case, means you must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. So you don't have one currently. You could come to the US, get one, then use it for this requirement.

I think I will start searching for a Job as soon as I arrive.

So you will need to secure this job first if you intend to support the affidavit. Promise of a job is not accepted for purposes of the 864.

How I can solve the affidavit of support issue? I think The US/LPR co-sponsor won't be a problem my boy friend has a relative there that can do that.

As long as they are 18+ and the LPR is domiciled in the US and they make the needed amount of the poverty level for the number of people, your good to go on the co-sponsor - you may want to check with your embassy to see if they will accept them (most do, some have an issue)

I heard something from a friend but I'm not sure about it that we can open a joint account for me and future husband in a US bank and deposit an amount of money there that would help in the affidavit of support issue, do you know anything about that?

If you have 3X the amount of money deposited, then you could attempt to use that as an asset - However, I would go with the co-sponsor, since you will not have a job right away. Just follow the guide for DCF.

Also, would this money be "yours" or just a temp loan to meet the requirements? They may question the source of the money (maybe) - and now this has me thinking about your USC status. Did you have to report any income to the IRS? If you had income, they will probably ask about that, since your required, as an USC, to report any foreign income.

Thanks for your help

Go here for the 864 FAQ to see the requirements.

[cut85 0]

Go here for the 864 FAQ to see the requirements.

Is it possible to solve the affidavit of support issue by having only a co-sponsor? I've never worked before neither in Jordan nor in the US so I think that I don't have to report any income to the IRS. About the asset way the money would be coming from my father-in-law. Do you know how much the amount of money required for the asset?

About the domicile is it possible to have someone in the US to rent the residence by using my name without me going to the US?

Thanks again for your help

[Bobby+Umit 161]

Is it possible to solve the affidavit of support issue by having only a co-sponsor? I've never worked before neither in Jordan nor in the US so I think that I don't have to report any income to the IRS. About the asset way the money would be coming from my father-in-law. Do you know how much the amount of money required for the asset?

About the domicile is it possible to have someone in the US to rent the residence by using my name without me going to the US?

Thanks again for your help

Yes - if your co-sponsor meets the requirements (spelled out in the FAQ) - you can use them.

Not working would be a valid reason why you didn't file a tax return.

For the amount of money - it would 3x the amount needed. Going by the 2009 poverty level (at 125%), for two people, you would need $54636.00 in savings to be considered as an "asset" (again, per the FAQ) - so I take it will be a gift to you? (you don't have to return it?)

About the domicile issue, I do not think that would work, since you will not be the one signing for anything - anyway - since you are thinking of using a co-sponsor, you should not need it, since the onus of the support would be on the co-sponsor.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

Find a job in the United States

Locate a place to live in the United States

Register children in U.S. schools

Make arrangements to give up (relinquish) residence abroad

Other evidence of a U.S. residence

(This other evidence would be a lease/mortgage, signed by you)

[cut85 0]

Yes - if your co-sponsor meets the requirements (spelled out in the FAQ) - you can use them.

Not working would be a valid reason why you didn't file a tax return.

For the amount of money - it would 3x the amount needed. Going by the 2009 poverty level (at 125%), for two people, you would need $54636.00 in savings to be considered as an "asset" (again, per the FAQ) - so I take it will be a gift to you? (you don't have to return it?)

About the domicile issue, I do not think that would work, since you will not be the one signing for anything - anyway - since you are thinking of using a co-sponsor, you should not need it, since the onus of the support would be on the co-sponsor.

(This other evidence would be a lease/mortgage, signed by you)

Thank you a lot for your response and I'm really sorry for bothering you.

If I have a co-sponsor that meet the requirements of the co-sponsor I don't have to show domicile? or we both me and the co-sponsor have to show domicile? Having a co-sponsor with domicile and meet all the requirements is enough for the I-846 or they will ask me for other things like a lease/mortgage signed by me and having a Job?

To be honest with you the Asset way is fine regarding the amount of money and I think it won't be a gift cause I'm sure me and my future husband will return them back to his dad when we work and have a good income but the problem with this way is having a domicile it would be really difficult for me to go to the states and have lease/mortgage or find a job there.

I have another question, when my husband get the IV from the embassy in Jordan do we have to travel both of us to the states (so he can get the green card) or it's ok for him to go alone and I follow him after 1 or 2 months?

Thanks again for your help I really appreciate it =)

[trailmix 77]

Hi and welcome,

You will still have to prove reestablishing domicile, you cannot prove 'domicile' because you don't have it. Even if you have a co-sponsor, you are still going to be the primary sponsor, you still have to fill out an I-864.

For help in understanding domicile, you might want to start by reading this thread.

For the I-864, start by reading all the instructions on the I-864 and understanding them.

Your Husband cannot go there before you, you will see in the I-864 instructions (when you read them ) that:

"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".

Edited March 25, 2010 by trailmix

[cut85 0]

Hi and welcome,

You will still have to prove reestablishing domicile, you cannot prove 'domicile' because you don't have it. Even if you have a co-sponsor, you are still going to be the primary sponsor, you still have to fill out an I-864.

For help in understanding domicile, you might want to start by reading this thread.

For the I-864, start by reading all the instructions on the I-864 and understanding them.

Your Husband cannot go there before you, you will see in the I-864 instructions (when you read them ) that:

"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".

Thanks a lot for your reply. I really appreciate it.

I have read the thread you sent me and the I-864 instructions word by word and I think it's really difficult for my case regarding the domicile issue because I lived in the US for only 1 year and I actually don't have a SSN(I read in the instructions that I should have a SSN before filling I-864). We can have a joint sponsor that meet the requirements and having assets we can manage that too. But the domicile issue it's really complicated. I'm still studying at university so I can't have a Job offer, I really don't know to do I thought it would be much easier =(

I have a question, I read in the instructions that the assets can also be a house a car anything that can be sold in a year... can this property or car be in my home country or it has to be in the US?

Edited March 25, 2010 by cut85

[trailmix 77]

Depends on the consulate, some will accept foreign owned property, some will not. Best to email the consulate and ask directly.

So when you read that thread you noticed that I have never lived in the U.S. when I applied for my Husband, so i'm not sure why you think it is not possible? Also, the SSN part is easily fixed, apply for one. You may want to go back and read the first page of the thread on domicile again. I know it is a lot of information but the SSN application was one thing I used to prove reestablishing domicile.

[cut85 0]

Depends on the consulate, some will accept foreign owned property, some will not. Best to email the consulate and ask directly.

So when you read that thread you noticed that I have never lived in the U.S. when I applied for my Husband, so i'm not sure why you think it is not possible? Also, the SSN part is easily fixed, apply for one. You may want to go back and read the first page of the thread on domicile again. I know it is a lot of information but the SSN application was one thing I used to prove reestablishing domicile.

Thanks again for the quick response. I know I'm being pessimistic regarding my case but the domicile issue is just really difficult. As you said in your thread you just have to think through what would prove that you are intending to move to the U.S. with the new immigrant so I'm trying to figure what do.

1- I'm gonna apply for a SSN

2- My husband have relatives there so we will contact them to send us an agreement that we are going to live there(as your sister did).

3- My husband relative has his own company in the US so he can send me a Job offer( is it a good idea? cause I'm not planning to work there, what do you think?)

4- My husband is a doctor and he's doing the required exams to apply for the US medical Board( He already did 1 part and 2 parts left)

5- I'm thinking of opening a bank account and deposit some money( I don't know if you can open a bank account by sending the required papers through mail and without being in the US )

What do you think so far? please advise me if you have any other ideas regarding my case.

Thanks for your reply I really appreciate it.

yours,

Sandy

[trailmix 77]

I think that's a really good start. In particular that your Husband is taking the exams for the U.S. - that's important proof. Even though it is you that needs to prove reestablishing, the fact that he is taking those steps speaks to your intention.

I would try emailing a few of the bigger banks and tell them your residency and citizenship and tell them you would like to open an account and see what they say.

The other thing you will want to look at is proof that you are leaving the country you are living in now (when you get to the interview stage). Cancelling the lease where you live, or selling your house and providing proof of that. Resigning from your job - with proof, that kind of thing.

As for the employment letter from your Husband's relative, if you aren't going to work there than really he can only write a letter stating he would be happy to employ you if you would like to work for his company.

[txladykat 1]

Also remember, if you are using assets of a cosponsor it needs to be 5 x's the poverty level as opposed to 3. it is only 3 if the spouse is using their assets.

[cut85 0]

I think that's a really good start. In particular that your Husband is taking the exams for the U.S. - that's important proof. Even though it is you that needs to prove reestablishing, the fact that he is taking those steps speaks to your intention.

I would try emailing a few of the bigger banks and tell them your residency and citizenship and tell them you would like to open an account and see what they say.

The other thing you will want to look at is proof that you are leaving the country you are living in now (when you get to the interview stage). Cancelling the lease where you live, or selling your house and providing proof of that. Resigning from your job - with proof, that kind of thing.

As for the employment letter from your Husband's relative, if you aren't going to work there than really he can only write a letter stating he would be happy to employ you if you would like to work for his company.

That's great and thank you a lot for your help.

My husband's friend is going tom to the Bank of America to ask them if they can open an account for me although I don't think it's gonna help cause I read in one of the threads that the CO told someone that it's not a good proof " cause a person living in Kabul can open a Bank account"

About the Job offer if the company can send me an official contract with everything and I will sign it and we can say that the company or me has refused the offer after we arrive to the states is this ok or it might start some problems with the immigration later?

I don't think I can cancel any leases cause I live with my parents right now and my future husband too.

I have another question. My husband has a B1/B2 5 years multiple visa ( When you are a Jordanian citizen you need to issue a visa from the embassy before going to the states) when we apply for the IV this visa will be canceled right? I want to ask at what stage of the process this visa will be canceled, as soon as we apply the I-130 or when we get the final approval? or somehow in between?

Thanks again I was really depressed yesterday and and you cheer up =)))

[cut85 0]

Also remember, if you are using assets of a cosponsor it needs to be 5 x's the poverty level as opposed to 3. it is only 3 if the spouse is using their assets.

Thanks for the this information I think it's really important because the amount of money would be $91060.00 instead of $54636.00 as bobby+umit said. can the person who pays the assets be a Non-American citizen?

Thank you