Confusion on I-864 via DCF

[LBeachey 44]

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

Establishing yourself in the US will not be easy given you have no credit history, etc. Moving to the US a few months before your wife's interview to establish domicile together with a co-sponsor should satisy the immigration officer.

I think you would have a hard time showing an intent to establish domicile without actually moving to US given your history. Many DCF'ers have successfully passed showing an intent to establish domicile but normally these are USC who have only lived abroad for some limited period of time and are re-establishing domicile.

[himher 634]

For DCF purposes they look at "intent to establish domicile". As said earlier, we interviewed successfully even though I will have no job there or income but I kept strong ties to the US.

We did not technically "maintain domicile" because we left for an indefinite period of time. The interviewing officer specifically asked me that question and I specifically answered that our job was not contractual but open-ended and we took a relo package and moved over with most of our stuff - BUT - kept our autos registered / insured and left our banking alone etc etc.

At a minimum it will be necessary to transfer as many assets to the US as possible - before the Packet IV / support affidavit is submitted. ANYTHING between filing and that time that can demonstrate that you are moving to the US should be collected and collated and submitted to give a very strong message that you are intending to establish domicile.

Here's the kicker - IF you can file, then move / establish employment between Packet III and Packet IV (interview) then you have a slam dunk case. Otherwise, you have this hurdle and you need to start your preparations to demonstrate that you are working towards establishing domicile.

The state department gives a pretty good summary of what they are looking for on their website.

http://travel.state.gov/visa/immigrants/info/info_3183.html

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

•Find employment in the United States

•Secure a residence in the United States

•Register children in U.S. schools

•Relinquish residence abroad

•Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

That's the best I can give you chief. Good luck

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

[Bilat 0]

For DCF purposes they look at "intent to establish domicile". As said earlier, we interviewed successfully even though I will have no job there or income but I kept strong ties to the US.

We did not technically "maintain domicile" because we left for an indefinite period of time. The interviewing officer specifically asked me that question and I specifically answered that our job was not contractual but open-ended and we took a relo package and moved over with most of our stuff - BUT - kept our autos registered / insured and left our banking alone etc etc.

At a minimum it will be necessary to transfer as many assets to the US as possible - before the Packet IV / support affidavit is submitted. ANYTHING between filing and that time that can demonstrate that you are moving to the US should be collected and collated and submitted to give a very strong message that you are intending to establish domicile.

Here's the kicker - IF you can file, then move / establish employment between Packet III and Packet IV (interview) then you have a slam dunk case. Otherwise, you have this hurdle and you need to start your preparations to demonstrate that you are working towards establishing domicile.

The state department gives a pretty good summary of what they are looking for on their website.

http://travel.state.gov/visa/immigrants/info/info_3183.html

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

•Find employment in the United States

•Secure a residence in the United States

•Register children in U.S. schools

•Relinquish residence abroad

•Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

That's the best I can give you chief. Good luck

Thanks so much, this was EXTREMELY enlightening! Things are kind of hard for me to prove, as I am a freelance artist...Not easy to get an employment letter or something like that. I will be moving to California, and have many contacts there. I actually made a month long trip this year to establish some contacts. As we are both young we have no assets either (cars, house etc.). I do have work lined up there, but it's not something that I would be able to have an official letter from, or something like that. We'll see how it all works out! Thanks so much for the advice!

[Bilat 0]

Also: would the following be enough in order to re-establish domicile in the US?

-Being a registered voter

-US Bank Account

-Tax returns (as I have never files with IRS, I would have to backfile I guess)

-US Driver's license (possibly a provisional driver's license)

-I have also quit my job due to wanting to move to the States, something which I could get my employer to sign, as he is aware of this (this could count as relinquishing past residence in Greece perhaps?)

We were (initially at least) planning to sort out work/home, once we got to the States with my wife. We have arranged to be staying at a very close friends house, and possibly even share that house at some point. Having to go separately changes things, and because of the situation in Greece right now (I'm sure you've all heard) we would like to avoid anything unfortunate and being trapped in two different countries.

Again, thank you in advance for any more ideas!

[LBeachey 44]

Reading the reviews about the Athens consulate, they appear to be very responsive to email and phone inquiries. Rather than ask us I would go straight to the source. Also, all consulates have American Citizen hours, if no luck by phone or email I would go in and ask to talk to a visa officer.

[Darnell 8,478]

2. yes

3. yes

[Bilat 0]

Reading the reviews about the Athens consulate, they appear to be very responsive to email and phone inquiries. Rather than ask us I would go straight to the source. Also, all consulates have American Citizen hours, if no luck by phone or email I would go in and ask to talk to a visa officer.

The embassy in Athens, is actually amazingly responsive to any sort of query and very helpful indeed! I just prefer to have a more all-encompassing view sometimes, with how the actual process goes.

[himher 634]

Everything that you listed would be considered (in my opinion only - but based on our questioning and experience) taken into account in the officer's ruling.

There was another American guy at the embassy with his wife, doing the same thing - he was military contractor and she was a nurse (filipino) and they were also approved the same day we were. While we were waiting we got a chance to talk about their story and their process and most of their issues mirrored yours. They filed with co-sponsor, were planning to stay with relatives, much younger so not really counting assets (I didnt have any assets either on my first go-around as this is our second journey, same immigrant LOL but our first was K3/AOS) and really they were starting life from scratch in the US. I know it is possible and approvable.

The only case on this site that I have seen the couple get turned away was somewhat similar to yours - BUT the wife had moved out of the US when very young, had never gone back, and the IMIGRANT had a family member sponsoring them and the officer apparantely was like no way the USC had ties. You I think because you have your own family member as sponsor and are working to establish ties have a stronger case, more along the lines of the couple we met in Riyadh. I did not see from their case that the USC had taken any steps to establish ties as you are working to do.

Yah - the taxes have to be filed but since the first 90,000 of your income is excluded right off the top + you get credit for taxes paid on the income you did make I do not envision that you have any possibility of OWING anything, its just that the dam paperwork has to be filed.

I hope everything goes well for you! I would venture that Athens is probably a lot easier to get through than Riyadh which is where we filed through.

Also: would the following be enough in order to re-establish domicile in the US?

-Being a registered voter

-US Bank Account

-Tax returns (as I have never files with IRS, I would have to backfile I guess)

-US Driver's license (possibly a provisional driver's license)

-I have also quit my job due to wanting to move to the States, something which I could get my employer to sign, as he is aware of this (this could count as relinquishing past residence in Greece perhaps?)

We were (initially at least) planning to sort out work/home, once we got to the States with my wife. We have arranged to be staying at a very close friends house, and possibly even share that house at some point. Having to go separately changes things, and because of the situation in Greece right now (I'm sure you've all heard) we would like to avoid anything unfortunate and being trapped in two different countries.

Again, thank you in advance for any more ideas!

Edited November 18, 2011 by himher

[himher 634]

Everything that you listed would be considered (in my opinion only - but based on our questioning and experience) taken into account in the officer's ruling.

There was another American guy at the embassy with his wife, doing the same thing - he was military contractor and she was a nurse (filipino) and they were also approved the same day we were. While we were waiting we got a chance to talk about their story and their process and most of their issues mirrored yours. They filed with co-sponsor, were planning to stay with relatives, much younger so not really counting assets (I didnt have any assets either on my first go-around as this is our second journey, same immigrant LOL but our first was K3/AOS) and really they were starting life from scratch in the US. I know it is possible and approvable.

The only case on this site that I have seen the couple get turned away was somewhat similar to yours - BUT the wife had moved out of the US when very young, had never gone back, and the IMIGRANT had a family member sponsoring them and the officer apparantely ruled that there was no way the USC had ties. You I think because you have your own family member as sponsor and are working to establish ties have a stronger case, more along the lines of the couple we met in Riyadh. I did not see from the denied case that the USC had taken any steps to establish ties as you are working to do.

Yah - the taxes have to be filed but since the first 90,000 of your income is excluded right off the top + you get credit for taxes paid on the income you did make I do not envision that you have any possibility of OWING anything, its just that the dam paperwork has to be filed.

I hope everything goes well for you! I would venture that Athens is probably a lot easier to get through than Riyadh which is where we filed through.

[himher 634]

http://www.visajourney.com/forums/topic/331683-bolt-from-the-blue/

Here is the case. You might want to take a look or even email this guy to make sure that you can overcome this hurdle.

Good luck!

[Bilat 0]

Here's the kicker - IF you can file, then move / establish employment between Packet III and Packet IV (interview) then you have a slam dunk case. Otherwise, you have this hurdle and you need to start your preparations to demonstrate that you are working towards establishing domicile.

Hm...seems like for unforeseen health reasons, the person who was willing to sponsor cannot do so any more. Bad luck! So it seems that the best idea is to file here, and then move to the US ahead of my wife, therefore establishing both domicile and the ability to sponsor. Since I will only now start to file taxes in the US, will that prove a problem? If I actually have a job there, with salary that meets the requirements to be a sponsor, will I be eligible to be one, even if for instance I will have only worked there for 2 or 3 months at that time?

[Bilat 0]

Hm...seems like for unforeseen health reasons, the person who was willing to sponsor cannot do so any more. Bad luck! So it seems that the best idea is to file here, and then move to the US ahead of my wife, therefore establishing both domicile and the ability to sponsor. Since I will only now start to file taxes in the US, will that prove a problem? If I actually have a job there, with salary that meets the requirements to be a sponsor, will I be eligible to be one, even if for instance I will have only worked there for 2 or 3 months at that time?

Also-looking at the federal poverty lines for 2011. I would basically need to make over $18,387 a year, correct? Thanks in advance!

[himher 634]

As long as you aren't moving to alaska (too cold) or hawaii (too many tourists)

Also-looking at the federal poverty lines for 2011. I would basically need to make over $18,387 a year, correct? Thanks in advance!

[Bilat 0]

Some questions on the current plan of action - I need to backfile three years of taxes as I didn't because I was exempt, but I still need to file. So if submitting the i-864 within 2011, do I need returns for 2011/2010/2009? I think Ill do all this before submitting the I-130 so as to be sure there are no complications with IRS timelines later on. So in all likelihood, it seems better to start submitting the I-130 in '12 when the IRS is sorted out.

Also, as I'm thinking to accept a job in the US after filing the i-130 (thus solving sponsor, domicile, and income problems-income shall be over the 125% of the poverty line needless to say,we don't have a joint sponsor), and in time for my wife remaining in Greece to have a month's pay-stub and a letter from an employer for the I-864 she'll submit on my behalf as sponsor/petitioner. How will all this work along with the IRS filing? If there are 3 IRS years showing essentially 'zero' US income, will a paystub and a letter from an employer stating it's a long standing position be enough for the I-864?

Again, thanks in advance for any help! The instructions and the embassy are always extremely literal and clear, but there are always some more unanswered questions to be found here and there when thinking out the process!

Edited December 6, 2011 by Bilat

[Bilat 0]

Some questions on the current plan of action - I need to backfile three years of taxes as I didn't because I was exempt, but I still need to file. So if submitting the i-864 within 2011, do I need returns for 2011/2010/2009? I think Ill do all this before submitting the I-130 so as to be sure there are no complications with IRS timelines later on. So in all likelihood, it seems better to start submitting the I-130 in '12 when the IRS is sorted out.

Also, as I'm thinking to accept a job in the US after filing the i-130 (thus solving sponsor, domicile, and income problems-income shall be over the 125% of the poverty line needless to say,we don't have a joint sponsor), and in time for my wife remaining in Greece to have a month's pay-stub and a letter from an employer for the I-864 she'll submit on my behalf as sponsor/petitioner. How will all this work along with the IRS filing? If there are 3 IRS years showing essentially 'zero' US income, will a paystub and a letter from an employer stating it's a long standing position be enough for the I-864?

Again, thanks in advance for any help! The instructions and the embassy are always extremely literal and clear, but there are always some more unanswered questions to be found here and there when thinking out the process!

An update: My job will make me about $20,000 a year. I have no co-sponsor, so my wife will go to the interview with 2 months paystubs of mine and an employment letter. Looking good? Any thoughts, much appreciated.