I-864 and DS-230

[Mrs.Uma koti reddy 0]

Hi,

First let me give a clear picture before my questions.

My husband filed for Naturalization in the month of July 2004 and after a very long process he got his citizenship in the month of November 2005. We got married in the year DECEMBER 2004. My husband filed for I-130 and I-129f in the month of Feb 2006.

My I-130 got approved in the month of June 2006 and I-129f in the month of August 2006.

So, I was asked to go for I-130 and recently I sent my DS-230 I pack and waiting for the next step.

Meanwhile my husband in the month of June 2006, sent I-864 and due to health problem he sold out the property in US, resigned his job and took a job in India.

Now what will happen?

Will my husband be asked to file another I-864?

my husband intends to get back to US once I get my GC

Will i be facing any problem getting a GC just because my husband is now in India with me?

What sort of questions be asked in the interview as my husband is in India now?

What should I answer?

Can anyone help me?

Regards

Mrs.Uma Koti Reddy

[rizthomson 3]

mrs uma.......

its good to hire a attorney or have an immigration experts opinion for your case........if you want to get clarifications to these Qs.....i am no expert but what i have got information after searching the net for last five months is that......by getting this AOS form signed by person/s having sufficient income ..........the US govt wants that persons who are immigrating should not be a burden of the GOVT treasury......and do not claim for funds from the govt.......so just have a thorough analyis of your financial situation......do you two have enough income in the USA.....if not then have a joint sponsor.........as you have to satisfy the consulate offical during the interview about the source of income and enough finances......hope this helps

riz

Edited November 27, 2006 by rizthomson

[Raj0000 0]

Hi,

First let me give a clear picture before my questions.

My husband filed for Naturalization in the month of July 2004 and after a very long process he got his citizenship in the month of November 2005. We got married in the year DECEMBER 2004. My husband filed for I-130 and I-129f in the month of Feb 2006.

My I-130 got approved in the month of June 2006 and I-129f in the month of August 2006.

So, I was asked to go for I-130 and recently I sent my DS-230 I pack and waiting for the next step.

Meanwhile my husband in the month of June 2006, sent I-864 and due to health problem he sold out the property in US, resigned his job and took a job in India.

Now what will happen?

Will my husband be asked to file another I-864?

my husband intends to get back to US once I get my GC

Will i be facing any problem getting a GC just because my husband is now in India with me?

What sort of questions be asked in the interview as my husband is in India now?

What should I answer?

Can anyone help me?

Regards

Mrs.Uma Koti Reddy

They have mentioned it somewhere that I-864 are valid for six months from the date of sigining....so you gotta watch when your interview date is....since he has singed 864 in June-06...you may be running the risk of six month deadline on it....so check with local embassy as you may need the new one....

Regarding your second question abt him being in India...there is a question of domicile.....he is required to maintain primary residnence in US....problem is if he has to sign the new 864 than it is required by law(as per 864 instruction) that the person has to be domicile in US....

now in the I-130 and I-864 if he has put or (he will put ) his US address than they may not question you abt his domicile...but the moment they see the address in India for petitioner than they may have question abt him staying in India and at that time he may be asked to prove the domicile in US with the thing that his stay in India in temporary and his primary resi is US etc.....

I suggest both of you to read the I-864 instruction and refer to mumbai/Chennai/Delhi website(whichever is applied to you) abt the US domicile requirement.....

Hope this helps.......

Wish you good luck..............

-Raj

[Raj0000 0]

Uma

Just curious what is the local embassy your case is...is it mumbai, chennai or delhi?

how long since you have sent packet-3...did you hear anything from them abt your interview date...

my wife has applied for IR1/CR1 and we have also sent packet 3 to mumbai so I was wondering....

thanks ang good luck

[Yodrak 7]

Raj,

That an I-864 will be valid for 6 months presupposes that the affiant's circumstances have not changed in that time. This affiant's circumstances have changed, and they have changed very significantly. It is highly likely that current supporting documentation will be asked for, and when it can't be provided an updated I-864 is likely to be required even if the old one is less than 6 months old.

Yodrak

Hi,

First let me give a clear picture before my questions.

My husband filed for Naturalization in the month of July 2004 and after a very long process he got his citizenship in the month of November 2005. We got married in the year DECEMBER 2004. My husband filed for I-130 and I-129f in the month of Feb 2006.

My I-130 got approved in the month of June 2006 and I-129f in the month of August 2006.

So, I was asked to go for I-130 and recently I sent my DS-230 I pack and waiting for the next step.

Meanwhile my husband in the month of June 2006, sent I-864 and due to health problem he sold out the property in US, resigned his job and took a job in India.

Now what will happen?

Will my husband be asked to file another I-864?

my husband intends to get back to US once I get my GC

Will i be facing any problem getting a GC just because my husband is now in India with me?

What sort of questions be asked in the interview as my husband is in India now?

What should I answer?

Can anyone help me?

Regards

Mrs.Uma Koti Reddy

They have mentioned it somewhere that I-864 are valid for six months from the date of sigining....so you gotta watch when your interview date is....since he has singed 864 in June-06...you may be running the risk of six month deadline on it....so check with local embassy as you may need the new one....

.....-Raj

Edited November 29, 2006 by Yodrak

[Tanuja 0]

Hi Raj0000,

This is Uma Koti Reddy.

Thanks for your guidance. It was really helpful to check with my file.

I sent DS-230 on Nov 1 2006. It reached NVC on 8th of Novemeber. I got a reply from NVC that it will take 2 to 4 weeks to review my documents.

And my Husband sent I-864 in the month of August, I thought it was in June.

My Local Office is Chennai

I dint receive any intimation abt interview etc

I dint fill any address in the column asked in the place for husbands address. I have left the column blank .

I think I will be asked for some more details as my husband sold the house there in US and is now with me in Hyderabad. I think he is maintaining his account in US banks. Is this sufficient enough to prove that he intends to get back to US once I get GC. His relocation is just because he had a surgery and needs someone to attend him.

It takes 20 days for a mail from NVC to reach my residence. So maximum time for NVC to review my documents 30 days and it is 8th of December and a mail to reach me takes 20 days. So I will be receiving either a query abt I-864 or an interview confirmation letter in the last week of December.

Thanks and good luck for your wife

Uma

[Raj0000 0]

Hi Raj0000,

This is Uma Koti Reddy.

Thanks for your guidance. It was really helpful to check with my file.

I sent DS-230 on Nov 1 2006. It reached NVC on 8th of Novemeber. I got a reply from NVC that it will take 2 to 4 weeks to review my documents.

And my Husband sent I-864 in the month of August, I thought it was in June.

My Local Office is Chennai

I dint receive any intimation abt interview etc

I dint fill any address in the column asked in the place for husbands address. I have left the column blank .

I think I will be asked for some more details as my husband sold the house there in US and is now with me in Hyderabad. I think he is maintaining his account in US banks. Is this sufficient enough to prove that he intends to get back to US once I get GC. His relocation is just because he had a surgery and needs someone to attend him.

It takes 20 days for a mail from NVC to reach my residence. So maximum time for NVC to review my documents 30 days and it is 8th of December and a mail to reach me takes 20 days. So I will be receiving either a query abt I-864 or an interview confirmation letter in the last week of December.

Thanks and good luck for your wife

Uma

Uma:

Yes, since your case is at NVC, it may take some time as they have suggested....I thought your case is already transfered at india.....Actually we have filed DCF directly in india for my wife so I we dont deal with NVC and I dont have much of the knowledge abt NVC procedure....

Regardgin your husband staying in India and domicile issue....Here is the attached link from Mumbai website abt this issue and hope this helps to you...you can find similar info from Chennai website....

http://mumbai.usconsulate.gov/ivdomicile.html

Thanks and good luck....

Raj