Co sponsor,mhouse hold numbers and Domicile questions

[Buffgomme 0]

I'm a USC living with my British husband in the Uk and we are looking to move back to the US to raise our daughter, who holds a US passport. I know i wont meet the financial requiremetns as I will be unemployed when we move to the US. We have assests we can claim but my sister was going to co-sponsor my husband. I still get some mail to my mom's house and we plan on living with her for a year or more so does this count as domicile? I've lived in the UK for 4 years now. I've already filed as the petitioner and been approved for the I-130, not realizing I needed to be domiciled!

Also, our daughter has a US passport so does my sister have to include all 3 of us on her household number or just my husband because he is the only non US citizen? Also, I am assuming I have to include myself on my affidavit of support so would my sister have to include me as well? I am still eligible for gov aid as is my daughter, I'm assuming, so why would we need to be counted as part of the household number? Really confused as you can tell!

So, to clarify:

1. Can I use my moms address as domicile if we plan on living with her?

2. Does my sister have to count myself and my USC daughter on her household numbers or just my husband?

3. Does her husband also have to file an I 184a as he is her spouse or can she file it by herself?

Thanks!

[Penguin_ie 5,994]

**** moving from CR-21 to DCF forum as OP is in the UK *****

1. You can use your mom's address as residence. Domicile is a bit more nebulous.... do you have any bills (cell phone etc) left in the US? Valid DL? Registered to vote? Furniture in storage? Basically, proof that your stay abroad, although lengthy, was temporary.

2. No- you have to count both your daughter and your husband. Your sister only hbas to count your husband (and her own family, if she has one).

3. Yes, esp if they file taxes jointly.

[himher 634]

We used my parents address - so yes. They are very understanding of this at interview as long as you have a specific plan / place to go or live. "Intent" to domicile was the standard used for us not physical domicile

I did not have a job in the US however our assets exceeded 3X the required 125X poverty and they approved us on assets only. No co-sponsor. NOTE: Assets were all moved/transferred to the US before filing which I believe was the best item to demonstrate intent to domicile.

Your sister only has to include members of her own household + your husband only (sponsored alien)

You would inlude yourself, daughter, and your husband on your I485

Hope that helps. Best of luck!

I'm a USC living with my British husband in the Uk and we are looking to move back to the US to raise our daughter, who holds a US passport. I know i wont meet the financial requiremetns as I will be unemployed when we move to the US. We have assests we can claim but my sister was going to co-sponsor my husband. I still get some mail to my mom's house and we plan on living with her for a year or more so does this count as domicile? I've lived in the UK for 4 years now. I've already filed as the petitioner and been approved for the I-130, not realizing I needed to be domiciled!

Also, our daughter has a US passport so does my sister have to include all 3 of us on her household number or just my husband because he is the only non US citizen? Also, I am assuming I have to include myself on my affidavit of support so would my sister have to include me as well? I am still eligible for gov aid as is my daughter, I'm assuming, so why would we need to be counted as part of the household number? Really confused as you can tell!

So, to clarify:

1. Can I use my moms address as domicile if we plan on living with her?

2. Does my sister have to count myself and my USC daughter on her household numbers or just my husband?

3. Does her husband also have to file an I 184a as he is her spouse or can she file it by herself?

Thanks!

Edited January 30, 2012 by himher

[Buffgomme 0]

Thank you so much!