A couple of questions regarding the I-1864 Affidavit of support

[Dianna 0]

Hi all !!

My husband is an USC whereas I am a Montenegro citizen. We have been married for 7 months. He is retired since 2001 and receives an US and Canadian pension.

We currently live in Montenegro but wish to move to US.

I have a couple of questions regarding the I-1864 Affidavit of support.

1. Since we both live in Montenegro, some uncertainty in filling the form ?.. since my husband’s pension is under the poverty line, can the value of our assets which we possess here in Montenegro be taken into account. I called consulate today and they told me we can not use the assets which are not on US territory? Is that true? And if that is correct, can a joint sponsor help us resolve this barrier.

We also have an agreemant in written form with a person who currently lives in US and who wishes to excange our propperties for a year.

I noticed on the form it says: "the sponsor must be domiciled in the US or its territories,so my question is: Can we use this new future residence as domesile?

[Yodrak 7]

Dianna,

Assets that can be converted to cash within a year can be used to supplement insufficient income. Provided that there's no reason why the cash can't be brought into the USA.

You'll have to find out from the consulate what it takes for them to conclude that a person has US domicile.

I'm cuious as to why you and your husband want to come to the USA and live in poverty, but then I admit to complete ignorance about life in Montenegro.

Yodrak

Hi all !!

My husband is an USC whereas I am a Montenegro citizen. We have been married for 7 months. He is retired since 2001 and receives an US and Canadian pension.

We currently live in Montenegro but wish to move to US.

I have a couple of questions regarding the I-1864 Affidavit of support.

1. Since we both live in Montenegro, some uncertainty in filling the form ?.. since my husband’s pension is under the poverty line, can the value of our assets which we possess here in Montenegro be taken into account. I called consulate today and they told me we can not use the assets which are not on US territory? Is that true? And if that is correct, can a joint sponsor help us resolve this barrier.

We also have an agreemant in written form with a person who currently lives in US and who wishes to excange our propperties for a year.

I noticed on the form it says: "the sponsor must be domiciled in the US or its territories,so my question is: Can we use this new future residence as domesile?

[meauxna 15]

Hi all !!

My husband is an USC whereas I am a Montenegro citizen. We have been married for 7 months. He is retired since 2001 and receives an US and Canadian pension.

We currently live in Montenegro but wish to move to US.

I have a couple of questions regarding the I-1864 Affidavit of support.

1. Since we both live in Montenegro, some uncertainty in filling the form ?.. since my husband’s pension is under the poverty line, can the value of our assets which we possess here in Montenegro be taken into account. I called consulate today and they told me we can not use the assets which are not on US territory? Is that true? And if that is correct, can a joint sponsor help us resolve this barrier.

We also have an agreemant in written form with a person who currently lives in US and who wishes to excange our propperties for a year.

I noticed on the form it says: "the sponsor must be domiciled in the US or its territories,so my question is: Can we use this new future residence as domesile?

What you propose, when the US citizen lives outside the US, is commonly called DCF or Direct Consular Filing because you will file all of your paperwork to the US Consulate that serves your area. You will find more information specific to that process in the DCF Forum here, and around the internet.

The rules for assets are fairly clearly defined in the instructions for that form. Then again, the Consular Officer who reviews *your* I-86 gets the final say. However, there is no legal requirement that the assets used in your support be *in* the US. Read the instructions to learn more about what qualifies an asset.

If you can't pull it together, a Joint Sponsor is an acceptable alternative.

As to the property exchange and domicile.. I don't know what to say to that. On its face, I can't see a problem. It would be similar to rental accomodation, really.

But, there is more to domicie than a place to sleep, so I suggest your husband look into that carefully, and make sure he's filing his tax returns, is a registered voter, has US banking etc.

Here's a post I wrote about domicile:

Maintaining domicile is sort of subjective; I don't want to tell you 'oh, do these 3 things and you're golden' because it varies for each person. However, there are some links I've collected on the topic that you can read and draw your own conclusions. Voting, banking, tax filing, mail delivery--these are all things that factor in.

http://www.visajourney.com/forums2/index.php?showtopic=63474

http://www.visajourney.com/forums2/index.php?showtopic=73734

This is a link to search the old posts; you should be able to find more if you look, but I think I gathered the best: http://www.visajourney.com/forums/index.ph...Search&mode=adv

And some links for the I-864 instructions:

How Do I File an Affidavit of Support for a Relative?

http://uscis.gov/graphics/howdoi/affsupp.htm

General Information & Frequently Asked Questions Affidavit of Support (Form I-864)

http://travel.state.gov/visa/immigrants/info/info_1328.html

http://travel.state.gov/visa/immigrants/info/info_1329.html