I-864 Affidavit of Support Sponsor's domicile not in the USA

[neoperez 0]

Hi everyone!

My wife is a U.S. citizen and she's the petitioner for my IR-1 Visa process.

We are filling the I-864 form and I have a question about the Sponsor part.

She's been living outside the USA for the last 20 years and we are planning to move back once I get my green card.

I have read that the sponsor can only be the IR-130 petitioner, but since she's been living abroad she has no domicile there and she's never filed any tax returns.

My mother-in-law is also a U.S. citizen and she complies with all the requirements for a Joint Sponsor, including the domicile, but my concern is about my wife as the Main Sponsor.

According to the I-864 instructions:

If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence 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.

You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

The question is how do we submit the proofs? By sending additional notes and documents on the same I-864 package?

Has anyone had a similar experience who can shed some light on this topic?

Thanks!

Rogelio

[Bacon and Cabbage 0]

I too am going through this process. My wife has lived with me, outside the US for 3 years. She has filed tax returns, but she still needs to prove domicility. I too would like to know how to do this.

Good luck!

[OIF0607 0]

The petitioner can show proof of domicile by providing such documents as state tax returns, drivers license, property tax statements, vehicle registration with the address on it, bank statements with the address in the states listed, other bills such as credit card bills with their address listed in the states and/or any other docmented evidence of domicile such as any mail that has been going to the domiciled residence.

[bsd058 296]

Hi everyone!

My wife is a U.S. citizen and she's the petitioner for my IR-1 Visa process.

We are filling the I-864 form and I have a question about the Sponsor part.

She's been living outside the USA for the last 20 years and we are planning to move back once I get my green card.

I have read that the sponsor can only be the IR-130 petitioner, but since she's been living abroad she has no domicile there and she's never filed any tax returns.

My mother-in-law is also a U.S. citizen and she complies with all the requirements for a Joint Sponsor, including the domicile, but my concern is about my wife as the Main Sponsor.

According to the I-864 instructions:

If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence 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.

You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

The question is how do we submit the proofs? By sending additional notes and documents on the same I-864 package?

Has anyone had a similar experience who can shed some light on this topic?

Thanks!

Rogelio

Firstly, she MUST submit tax returns in order to sponsor you (if she made money at all). Your US Citizen spouse is obligated to submit these returns, even if tax treaties exempt her from paying any tax owed to the US government. She will need to file them ASAP if she made money outside of the USA. She will probably not end up paying anything to the US government, but she has to file anyways.

Secondly, domicile can be shown by a rental agreement or job offer or anything to show that she will be living permanently in the USA by the time you enter to immigrate.

I'm not sure about the method of submitting to the NVC, but I do know that the above two statements are true. According to the instructions you posted, you should attach your paper documents to the I-864 and send into the NVC. I don't think tax returns are considered proof of domicile. Perhaps she can strike up a rental agreement with her mother to show NVC?

[OIF0607 0]

I saw from a credible source that one CAN provide their state tax return as one of the possible forms of proof of domicile in the US, just can't remember where it was now. In any case here is another site I saw that states the sources one can provide to prove domicile. Good luck.

http://laeskimita.blogspot.com/2011/04/proving-domicile-in-usa-on-i-864.html

[BBCC 16]

The petitioner can show proof of domicile by providing such documents as state tax returns, drivers license, property tax statements, vehicle registration with the address on it, bank statements with the address in the states listed, other bills such as credit card bills with their address listed in the states and/or any other docmented evidence of domicile such as any mail that has been going to the domiciled residence.

We had the same problem. I was the USC living outside the US. During my entire extended time abroad, I kept a US address, filed taxes from a US address, maintained bank and all other accounts at my US address and anything else I could think of under my US address. When I filed my documents with USCIS and NVC, I always stipulated my US address even though I was rarely physically present there. This was all enough for USCIS and NVC. I had no problem as the financial sponsor on my wife's I-864.

In my particular case, I did not qualify for the foreign earned income exclusion with the IRS so I had no need to file my taxes from our foreign address.

For proof of domicile, the US address on all my coincidental documentation seemed to be enough. I never had to submit a copy of my US home title or rental agreement (I sold my US house in the middle of our visa process).

In spite of all the docs with a US address, we initially showed an apartment lease at our foreign address as proof of our relationship on the I-130 to the USCIS and this still was not a problem.

So I got both financially sponsor on the I-864 *and* be with my wife during the entire paperwork process. Woohoo!

Edited June 21, 2012 by BBCC

[bsd058 296]

We had the same problem. I was the USC living outside the US. During my entire extended time abroad, I kept a US address, filed taxes from a US address, maintained bank and all other accounts at my US address and anything else I could think of under my US address. When I filed my documents with USCIS and NVC, I always stipulated my US address even though I was rarely physically present there. This was all enough for USCIS and NVC. I had no problem as the financial sponsor on my wife's I-864.

In my particular case, I did not qualify for the foreign earned income exclusion with the IRS so I had no need to file my taxes from our foreign address.

For proof of domicile, the US address on all my coincidental documentation seemed to be enough. I never had to submit a copy of my US home title or rental agreement (I sold my US house in the middle of our visa process).

In spite of all the docs with a US address, we initially showed an apartment lease at our foreign address as proof of our relationship on the I-130 to the USCIS and this still was not a problem.

So I got both financially sponsor on the I-864 *and* be with my wife during the entire paperwork process. Woohoo!

That's awesome. Ya I think you're right. I remember seeing that you can use a US bank account if you still have it or other forms of documentation showing your address in the US.

[OIF0607 0]

Correct. The CO had an issue about my domicile when my wife had her VISA interview, but after informing him that I had included some of my bank statements recently and several years ago with my address in the states along with my State ITR, he approved my wife with no problem.

[pushbrk 12,883]

Hi everyone!

My wife is a U.S. citizen and she's the petitioner for my IR-1 Visa process.

We are filling the I-864 form and I have a question about the Sponsor part.

She's been living outside the USA for the last 20 years and we are planning to move back once I get my green card.

I have read that the sponsor can only be the IR-130 petitioner, but since she's been living abroad she has no domicile there and she's never filed any tax returns.

My mother-in-law is also a U.S. citizen and she complies with all the requirements for a Joint Sponsor, including the domicile, but my concern is about my wife as the Main Sponsor.

According to the I-864 instructions:

If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence 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.

You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

The question is how do we submit the proofs? By sending additional notes and documents on the same I-864 package?

Has anyone had a similar experience who can shed some light on this topic?

Thanks!

Rogelio

Always read carefully and interpret literally. See bold above and what follows it with emphasis on the words INTEND and REESTABLISH. Your petitioner will have to either file their tax returns or explain not why they didn't file but why they were not REQUIRED to file. Consult a tax professional about whether she was required to file. If she was, she'll need to do so for at least the last three years.

[neoperez 0]

Hi everyone! Thanks for all the answers!!

My wife hasn't earned any money while she's been away of the US because she is a housewife.

Will she still need to file the Tax Returns anyways?

As I understand we have to prove that she intends in good faith to reestablish her domicile.

We are sending these documents on the I-864 package:

1. Cover letter detailing our our future plans for moving to the U.S.

2. Offer of employment for the petitioner (my wife).

3. Offer of employment for the beneficiary (that's me).

4. A letter from the bank (or a bank statement) showing that she has an account in the US with some money.

5. A letter from her mother stating that we will be living with her during the first weeks until we are ready to start our jobs.

6. An online quote from a international shipping company.

Is this sufficient evidence to support our claim?

Any suggestions/advice is more than welcome!

Thank you in advance!!

[Anh map 2,098]

Hi everyone! Thanks for all the answers!!

My wife hasn't earned any money while she's been away of the US because she is a housewife.

Will she still need to file the Tax Returns anyways?

As I understand we have to prove that she intends in good faith to reestablish her domicile.

We are sending these documents on the I-864 package:

1. Cover letter detailing our our future plans for moving to the U.S.

2. Offer of employment for the petitioner (my wife).

3. Offer of employment for the beneficiary (that's me).

4. A letter from the bank (or a bank statement) showing that she has an account in the US with some money.

5. A letter from her mother stating that we will be living with her during the first weeks until we are ready to start our jobs.

6. An online quote from a international shipping company.

Is this sufficient evidence to support our claim?

Any suggestions/advice is more than welcome!

Thank you in advance!!

This FAQ link may be helpful to you >>>> http://travel.state.gov/visa/immigrants/info/info_3183.html#3

[richardkorea2010 15]

My wife and I have been employed in Korea for the past 3-4 years. My mother in law was my joint sponsor. They handed me back my mother in law's joint sponsor, and said, that my wife has enough proof of domicile in the USA.

We submitted: copy of our joint US bank account, drivers licence, her latest tax papers, mail that was sent to the US address.

That was it. But it all depends on your consulate, and how well you prepared,

[pushbrk 12,883]

Hi everyone! Thanks for all the answers!!

My wife hasn't earned any money while she's been away of the US because she is a housewife.

Will she still need to file the Tax Returns anyways?

As I understand we have to prove that she intends in good faith to reestablish her domicile.

We are sending these documents on the I-864 package:

1. Cover letter detailing our our future plans for moving to the U.S.

2. Offer of employment for the petitioner (my wife).

3. Offer of employment for the beneficiary (that's me).

4. A letter from the bank (or a bank statement) showing that she has an account in the US with some money.

5. A letter from her mother stating that we will be living with her during the first weeks until we are ready to start our jobs.

6. An online quote from a international shipping company.

Is this sufficient evidence to support our claim?

Any suggestions/advice is more than welcome!

Thank you in advance!!

Probably yes. If she had no income for 2009, 2010 and 2011, she can hand write in the past income section of the affidavit, the following.

Not required to file. No income in the applicable years.

[angeldaemon13 42]

I am in a similar situation and now worried. My hubby and I have been living in Canada, I am a cit. and he is a PR. He has done Canadian taxes but not American since 2002. We are planning to move to California where he is from. He has no bank acct., driver's license was switched to Ontario, his address is no longer as he moved here. Can his brother be a co-sponsor? What can I do?