Show domicile when moving back to US (I864)?

[jmayoh 0]

My husband, son, and myself are moving from the UK back to the US. My son and me are US citizens, and we are in the process of getting my husband's IR1 visa (the petition has now been approved). I am just starting to look at the forms we have the complete, and the I864 is making my head spin. As I am moving back with him, I do not have domicile in the US, however I see that it says I just have to prove that I will be moving back before or when he moves. Since we will be completing the paperwork months before we move I will not have a lease agreement (and I am a stay-at-home mom so no job offers), so what are the best, most effective ways of proving intended domicile?

Also, my mom is going to be a co-sponsor as I have no income. She is just a household of one and will only have to sponsor my husband, so how much must she earn to sponsor him?

Any help would be appreciated, thank you!

[bsd058 296]

My husband, son, and myself are moving from the UK back to the US. My son and me are US citizens, and we are in the process of getting my husband's IR1 visa (the petition has now been approved). I am just starting to look at the forms we have the complete, and the I864 is making my head spin. As I am moving back with him, I do not have domicile in the US, however I see that it says I just have to prove that I will be moving back before or when he moves. Since we will be completing the paperwork months before we move I will not have a lease agreement (and I am a stay-at-home mom so no job offers), so what are the best, most effective ways of proving intended domicile?

Also, my mom is going to be a co-sponsor as I have no income. She is just a household of one and will only have to sponsor my husband, so how much must she earn to sponsor him?

Any help would be appreciated, thank you!

Your household size is 4 according to the instructions: http://www.uscis.gov/files/form/i-864instr.pdf

What state does she live in? Here are the poverty guidelines. She must meet (at minimum) 125% of the poverty guidelines for a household of 4.

See here for poverty guidelines for 2012. I'm not sure where to find the same guidelines for 2013 (if someone could point me in the right direction, it would be much appreciated).

If they were going by 2012 standards, she would need to earn at least $28812/year if she lived in the one of the 48 contiguous states or DC, $36025/year for Alaska, or $33137 for Hawaii.

Edited January 24, 2013 by bsd058

[Nich-Nick 3,354]

My husband, son, and myself are moving from the UK back to the US. My son and me are US citizens, and we are in the process of getting my husband's IR1 visa (the petition has now been approved). I am just starting to look at the forms we have the complete, and the I864 is making my head spin. As I am moving back with him, I do not have domicile in the US, however I see that it says I just have to prove that I will be moving back before or when he moves. Since we will be completing the paperwork months before we move I will not have a lease agreement (and I am a stay-at-home mom so no job offers), so what are the best, most effective ways of proving intended domicile?

Also, my mom is going to be a co-sponsor as I have no income. She is just a household of one and will only have to sponsor my husband, so how much must she earn to sponsor him?

Any help would be appreciated, thank you!

Your Mom's household size is two for the I-864 as you stated. You and your son arent counted. You are Americans and can go on public assistance so dont get included. Currently that requires $18,912. This is the I-864P which show the poverty guidelines http://www.uscis.gov/files/form/i-864p.pdf. The new guidelines for 2013 will likely come out in February. It varies and is not a set date. Sometimes they remain the same. This USCIS page will have the new guidelines when they are available http://www.uscis.gov/i-864p

People from the UK have shown intent to domicile by getting appraisals on their home from an estate agent. Emails with US real estate agents discussing properties, or same with apartment locators and your expected arrival date. Maybe a letter from your mom saying you will be staying with her upon your return. Maybe you could correspond with schools for you son or a pediatrician office asking if they are taking new patients...explaining your expected move date. You'll present that at your interview. Many have said the interviewer in London wasn't particularly strict about their proofs and sometimes weren't asked.

Edited January 24, 2013 by Nich-Nick

[bsd058 296]

Your Mom's household size is two for the I-864 as you stated. You and your son arent counted. You are Americans and can go on public assistance so dont get included. Currently that requires $18,912. This is the I-864P which show the poverty guidelines http://www.uscis.gov/files/form/i-864p.pdf. The new guidelines for 2013 will likely come out in February. It varies and is not a set date. Sometimes they remain the same. This USCIS page will have the new guidelines when they are available http://www.uscis.gov/i-864p

People from the UK have shown intent to domicile by getting appraisals on their home from an estate agent. Emails with US real estate agents discussing properties, or same with apartment locators and your expected arrival date. Maybe a letter from your mom saying you will be staying with her upon your return. Maybe you could correspond with schools for you son or a pediatrician office asking if they are taking new patients...explaining your expected move date. You'll present that at your interview. Many have said the interviewer in London wasn't particularly strict about their proofs and sometimes weren't asked.

I don't think so.

She's asking how much her mom will need to make to support her husband.

This means that (according to the instructions booklet I posted) she must count herself, the spouse, any dependant children and the co-sponsor (4 people). Even if she doesn't count the co-sponsor, she has to count herself , her child, and her husband (a minimum of 3), but I'm pretty sure she must count the co-sponsor.

Perhaps someone else can settle the argument.

Edited January 24, 2013 by bsd058

[Nich-Nick 3,354]

I don't think so.

She's asking how much her mom will need to make to support her husband.

This means that (according to the instructions booklet I posted) she must count herself, the spouse, any dependant children and the co-sponsor (4 people). Even if she doesn't count the co-sponsor, she has to count herself , her child, and her husband (a minimum of 3), but I'm pretty sure she must count the co-sponsor.

Perhaps someone else can settle the argument.

There will be two I-864s

1. The OP does one whether she qualifies or not.
   Household = OP, her child, the immigrant.= 3
   
2. Mom does one to joint sponsor. Mom is single.
   Household size= Mom, the immigrant = 2
   

The OP does not live with Mom and Mom does not support her daughter and does not claim her daughter on income taxes. Mom is only signing up to keep the immigrant off welfare, not the two Americans.

Edited January 24, 2013 by Nich-Nick

[jmayoh 0]

Thank you all for your responses and advice, it is much appreciated!

[Penguin_ie 5,996]

How old is your son? Enrolling him in school would be a great way to show intent to re-establish domicile.