Confusion on I-864 via DCF

[Bilat 0]

Greetings first of all, and thanks for a very resourceful and helpful forum! It made a lot of things straightforward.

However, I'm still confused on certain things regarding the I-864 form, for which I haven't found any answers relevant to my specific case.

I was born in Greece, and was naturalized in 1998 via my American mother. I have never lived or worked in the United States, only travelled there twice, for monthly periods.

I recently got married and we would like to start living in the United States with my Greek wife (the beneficiary for the immigration visa-and love of my life ) - we only just gathered documents for the I130 which we will submit next week, by the way.

We are applying via the US Embassy in Athens, Greece , and as I understand, after the i-130 (hopefully) gets approved, we will be required to submit an I-864 form. How will I be able to fill this form out, since I have never lived or worked in the States? Do they look at these forms on a case to case basis? Unless something different applies to our particular situation, would it be sane to look into the following?

1. Me establishing domecile and work in the US, after the I-130 is approved and before the I-864. Generally, after applying with the I-130 should I move to the US before my wife?

2. I should use a joint sponsor in the US? Can it be a relative (aunt)?

3. Move our joint bank assets to a Us Bank as proof of intent to live there?

Quite confused about all this, although I will make a trek from immigration tomorrow to ask those questions in person as well.

ANY help or advice is sincerely appreciated!

Thanks in advance!

EDIT: Could I also use my parents as joint sponsors for the 864 form, although only one is a US citizen, and are both currently residing in Greece?

Edited November 15, 2011 by Bilat

[Penguin_ie 5,994]

1. Yes, that would be a very good idea. You don't have to, but it would be easier to prove intent to immigrate that way. Other options would be your question 3, buying a house in the USA etc.

2. Anyone who is a US Citizen or greencard holder and resides in the USA can co-sponsor. Another option is to sponsor on assets (savings, property etc) if you have them. You cannot use your parents as they do not reside in the US

3. See 1.

BTW, US citizens, even if not living in the USA, are required to files taxes with the IRS. Look into back-filing for at least the last three years if you haven't done so already.

[Bilat 0]

1. Yes, that would be a very good idea. You don't have to, but it would be easier to prove intent to immigrate that way. Other options would be your question 3, buying a house in the USA etc.

2. Anyone who is a US Citizen or greencard holder and resides in the USA can co-sponsor. Another option is to sponsor on assets (savings, property etc) if you have them. You cannot use your parents as they do not reside in the US

3. See 1.

BTW, US citizens, even if not living in the USA, are required to files taxes with the IRS. Look into back-filing for at least the last three years if you haven't done so already.

Thanks so much for the swift reply! So, would going with option 1 help me fill the role as sponsor in the 864 form? Or does it just relate to intent to immigrate? I can find work as soon as I get there, and also rent a house. This would have to be done before the need to file an I-864, and after the filing of the i130? What I'm getting at, is there some time restraint to this action?

Also, if I can secure option 2, does that mean I can avoid option 1 completely and we can leave for the States from Greece together, once her visa is approved?

Again, many thanks in advance! I really appreciate you taking from your own time to answer!

[Penguin_ie 5,994]

IF you can find work as soon as you get to the USA, then you should be able to sponsor your wife yourself. It is not that easy to find a job in the current economy... You usually get a year to take action on an approved I-130, especially if you keep in touch with the embassy, so could give yourself some time if needed.

Yes-ish,-if you have a co-sponsor who makes comfortably over the poverty limit, no need for you to have a job, but you will need to show intent to re-establish domicile somehow. Maybe take a trip or twp to the USA, get a drivers locense, show that you are applying for jobs, looking for a home to rent/buy, have moved your assets to the USA etc.

[Bilat 0]

IF you can find work as soon as you get to the USA, then you should be able to sponsor your wife yourself. It is not that easy to find a job in the current economy... You usually get a year to take action on an approved I-130, especially if you keep in touch with the embassy, so could give yourself some time if needed.

Yes-ish,-if you have a co-sponsor who makes comfortably over the poverty limit, no need for you to have a job, but you will need to show intent to re-establish domicile somehow. Maybe take a trip or twp to the USA, get a drivers locense, show that you are applying for jobs, looking for a home to rent/buy, have moved your assets to the USA etc.

Ahh, it's all starting to make a little more sense now. So it's basically either me having a job in the States after the i-130, or utilizing a co-sponsor. Hopefully, either of these should be easy to sort. Will a trip I made to the US to make some business contacts two months ago, also be taken into account when establishing intent? We're kind of a weird case, as it all happened quite fast. Met, dated, married after a year which coincided with us deciding to move from Greece to the States. It's only been a month since we've married, and already starting the paperwork for the i-130 (more questions pop up all the time-Ill have to provide a lot of documents for the marriage bona fides, especially if its only a month old. Affidavits!) Might have a lot to prove via paperwork, but it should work out.

Again, many thanks!

[LBeachey 45]

Thanks so much for the swift reply! So, would going with option 1 help me fill the role as sponsor in the 864 form? Or does it just relate to intent to immigrate? I can find work as soon as I get there, and also rent a house. This would have to be done before the need to file an I-864, and after the filing of the i130? What I'm getting at, is there some time restraint to this action?

Also, if I can secure option 2, does that mean I can avoid option 1 completely and we can leave for the States from Greece together, once her visa is approved?

Again, many thanks in advance! I really appreciate you taking from your own time to answer!

Given your history of never having lived in the US, I would think a co-sponsor who is well established in the US is a good idea. I think you might have trouble establishing your ability to support your wife in the US.

I would go to the Greece forum to get a feel for the Greek's consulate history on visa approvals using co-sponsors and/or I-864 issues in general.

[Ryan H 3,812]

I would go to the Greece forum to get a feel for the Greek's consulate history on visa approvals using co-sponsors

By law, when an immigrant visa is being sought (such as a CR-1), a joint sponsor is allowed.

[LBeachey 45]

By law, when an immigrant visa is being sought (such as a CR-1), a joint sponsor is allowed.

I thought I had read here on VJ that some consulates do not allow co-sponsors? Is the law different for CR/IR-1 vs. K-1?

[Ryan H 3,812]

I thought I had read here on VJ that some consulates do not allow co-sponsors? Is the law different for CR/IR-1 vs. K-1?

Yes, some Embassies and Consulates can disallow co-sponsors in K1 cases (Manila being an example).

[Bilat 0]

Yes, some Embassies and Consulates can disallow co-sponsors in K1 cases (Manila being an example).

Contacted immigration by phone, and the Greek embassy does allow co-sponsors, which will be a great deal of help in my case!

[himher 634]

It is not required that you return to the US before your wife. The other steps outlined below to establish domicile are a good start.

Basically, you have to show that you have firm arrangements for a place to live, that you have moved your assets or keep your assets in the US, and that you either have enough assets to self-sponsor or that you have a co-sponsor in the US that meets the criteria.

In our case we listed my parents address which is where our bank, cell phones, vonage, and vehicles are already addressed to and we listed assets only on the affidavit of support. It is easier I think for us because that is where we transferred everything including our drivers licenses before we moved overseas BUT if you have a general story and specific place to go I think you should be OK.

They interviewed us separately and both of us were asked to outline exactly what our plan was to move to and settle to the US. This was generally the only thing that they really probed into so a good, solid plan going into this seems to be the key to doing it successfully.

Take note of the previous comment on requirement to file taxes.......

Good luck!

Greetings first of all, and thanks for a very resourceful and helpful forum! It made a lot of things straightforward.

However, I'm still confused on certain things regarding the I-864 form, for which I haven't found any answers relevant to my specific case.

I was born in Greece, and was naturalized in 1998 via my American mother. I have never lived or worked in the United States, only travelled there twice, for monthly periods.

I recently got married and we would like to start living in the United States with my Greek wife (the beneficiary for the immigration visa-and love of my life ) - we only just gathered documents for the I130 which we will submit next week, by the way.

We are applying via the US Embassy in Athens, Greece , and as I understand, after the i-130 (hopefully) gets approved, we will be required to submit an I-864 form. How will I be able to fill this form out, since I have never lived or worked in the States? Do they look at these forms on a case to case basis? Unless something different applies to our particular situation, would it be sane to look into the following?

1. Me establishing domecile and work in the US, after the I-130 is approved and before the I-864. Generally, after applying with the I-130 should I move to the US before my wife?

2. I should use a joint sponsor in the US? Can it be a relative (aunt)?

3. Move our joint bank assets to a Us Bank as proof of intent to live there?

Quite confused about all this, although I will make a trek from immigration tomorrow to ask those questions in person as well.

ANY help or advice is sincerely appreciated!

Thanks in advance!

EDIT: Could I also use my parents as joint sponsors for the 864 form, although only one is a US citizen, and are both currently residing in Greece?

Edited November 16, 2011 by himher

[Bilat 0]

It is not required that you return to the US before your wife. The other steps outlined below to establish domicile are a good start.

Basically, you have to show that you have firm arrangements for a place to live, that you have moved your assets or keep your assets in the US, and that you either have enough assets to self-sponsor or that you have a co-sponsor in the US that meets the criteria.

In our case we listed my parents address which is where our bank, cell phones, vonage, and vehicles are already addressed to and we listed assets only on the affidavit of support. It is easier I think for us because that is where we transferred everything including our drivers licenses before we moved overseas BUT if you have a general story and specific place to go I think you should be OK.

They interviewed us separately and both of us were asked to outline exactly what our plan was to move to and settle to the US. This was generally the only thing that they really probed into so a good, solid plan going into this seems to be the key to doing it successfully.

Take note of the previous comment on requirement to file taxes.......

Good luck!

Thanks again for the reply and information! Much appreciated! Another question : If I have a valid co-sponsor for the I-864 in the US, do I still have to prove my intent to establish domicile?

[Penguin_ie 5,994]

Thanks again for the reply and information! Much appreciated! Another question : If I have a valid co-sponsor for the I-864 in the US, do I still have to prove my intent to establish domicile?

Yes. Financial sponsorship is seperate from the domicile issue.

[himher 634]

Yeah - we had all the assets we needed to go back and they never were actually out of the US but they still really hammered on us about intent to return and establish domicile.

I've only been out of the US for 3 years actually and before 3 years ago had never lived outside or worked outside of the US.

Intent to establish domicile is a fundamental, hard requirement for eligibility from the DCF side.

Thanks again for the reply and information! Much appreciated! Another question : If I have a valid co-sponsor for the I-864 in the US, do I still have to prove my intent to establish domicile?

[Bilat 0]

Yeah - we had all the assets we needed to go back and they never were actually out of the US but they still really hammered on us about intent to return and establish domicile.

I've only been out of the US for 3 years actually and before 3 years ago had never lived outside or worked outside of the US.

Intent to establish domicile is a fundamental, hard requirement for eligibility from the DCF side.

So never having lived/worked there, makes it even harder to establish domicile?