Sponsor vs Petitioner

[mashume 0]

Hello everyone,

I'm confused. I am the US Citizen, we have been granted our initial petition and are gathering documents for packet 3 to send to GuangZhou. I teach in China and thus have no US income, nor do I maintain a permanent residence there. I've been in mainland china for 10 years continuously this march.

My parents have agreed to sponsor my wife financially (I-864 forms). Both qualify for domicile and income.

I read something somewhere however that the petitioner must be domiciled. Is this correct? I am clearly not.

How do I put together our packet 3 correctly showing support?

Thank you for your kind help,

Seth

[Penguin_ie 5,993]

You are still the primary sponsor and have to fill in a I-864k, even if it's all zeros.

You need to either be domiciled in the USA or show serious plans to re-establish domicile- you'd go for the second option. This could be things like travelling to the USA during the via process to interview for jobs there and boy a home or look at rental properties, if you have kids enroll them in US schools, be in contact with estate agents etc.

[VanessaTony 3,567]

Just to confirm - you have been filing your US taxes every year correct?

Yes your parents can be a JOINT sponsor, but you will always be the primary sponsor and you must be domiciled or show that you are planning to re-establish domicile.

[pushbrk 12,898]

You are still the primary sponsor and have to fill in a I-864k, even if it's all zeros.

You need to either be domiciled in the USA or show serious plans to re-establish domicile- you'd go for the second option. This could be things like travelling to the USA during the via process to interview for jobs there and boy a home or look at rental properties, if you have kids enroll them in US schools, be in contact with estate agents etc.

Never heard of an I-864k. Maybe a typo. The petitioner using a joint sponsor, provides a signed I-864. Guangzhou has been known to accept a letter from the person or persons with whom the couple plans to live once they move to the USA. If you have not kept a US bank account open and a valid driver license, you will probably want to plan a trip to deal with those issues.

You must file all tax returns (In your case at least the past three) regardless of whether you will owe any taxes.

[Penguin_ie 5,993]

Yes that was a typo, typing in the dark, sorry

[Darnell 8,478]

the 'prove-up' for re-establishing USA domicile occurs on interview day,

so don't fret that too much, for today, when filling out the I-864.

Fret soon, though.

Re-establishing domicile can be proven by:

1. a lease in your name

2. a domicile letter from your parents

3. utility bills in your name

4. a job-offer letter from a USA-based employer on a job in the USA.

Also, don't confuse 'support' with 'domicile', aye?

You are proving support via your parents, their I-864, when you return the packet 3.

You will be proving the intent to re-establish domicile by submitting proof on interview day.

Good Luck !

Edited December 27, 2012 by Darnell