How to compute income for I-864

[ThailandExpat 0]

That's the safe way. You COULD use Dad's income alone and then document it but quite often the Consular Officer will request the I-864a from the spouse anyway. The real reason is that, because they are married, Dad alone signing is committing the joint assets to repay the government for any potential benefits. The purpose of the affidavits is not limited to showing the ability to support somebody. It's also a contract to repay the governent for means tested benefits ever paid to the immigrant during an extensive period of exposure. Married people are responsible for each other's debts, so asking them both to sign for a contract obligating marital assets is "prudent".

That depends on which state you live in. In a handful of states "community property" rules, most debts incurred by one spouse during the marriage are owed by both spouces. But in states that follow "common law" property rues, debts incurred by one spouse are usually that spouse's debts alone, unless the debt was for a family necessity, such as food orshelter for the family or tuition for the kids. These are the general rules as some states have subtle variations in how they treat joint and seperate debts. My dad and I are fully aware of the purpose of the affidavit and the consequences should my wife require financial assistance from the government

http://en.wikipedia.org/wiki/Community_property

One last question that should not cause to much controversay. Would I list the country of domicile as Thailand as I have worked here for ten years and explain in an attachment that I will be moving back with my wife once she is approved? Should I include a photocopy of my current workpermit and copies of my prior visas in my passport for the duration of my stay in Thailand?

Edited August 6, 2013 by ThailandExpat

[Darnell 8,478]

When you study the scan lines in the I-864 and the instructions about 'this' -

you'll see there's a section about domicile and the fact that you have to show either:

1. proof of USA domicile or

2. proof of re-establishing USA domicile.

Plan accordingly

[Darnell 8,478]

re: community property state, community property.

doesn't matter.

why?

1. it's a federal return and

2. the return was filed 'married filing jointly'.

3. The VO doing the I-864 adjudication doesn't take into consideration any 'state' guidelines when examining a federal return and I-864 stuff.

Keep at it, I pray the end is coming soon, and that you 'get there' in the end.

[Darnell 8,478]

[typo fixed]

When you study the scant lines in the I-864 and the instructions about 'this' -

you'll see there's a section about domicile and the fact that you have to show either:

1. proof of USA domicile or
2. proof of re-establishing USA domicile.

Plan accordingly

[pushbrk 12,893]

That depends on which state you live in. In a handful of states "community property" rules, most debts incurred by one spouse during the marriage are owed by both spouces. But in states that follow "common law" property rues, debts incurred by one spouse are usually that spouse's debts alone, unless the debt was for a family necessity, such as food orshelter for the family or tuition for the kids. These are the general rules as some states have subtle variations in how they treat joint and seperate debts. My dad and I are fully aware of the purpose of the affidavit and the consequences should my wife require financial assistance from the government

http://en.wikipedia.org/wiki/Community_property

One last question that should not cause to much controversay. Would I list the country of domicile as Thailand as I have worked here for ten years and explain in an attachment that I will be moving back with my wife once she is approved? Should I include a photocopy of my current workpermit and copies of my prior visas in my passport for the duration of my stay in Thailand?

Consular Officers don't know or care about State laws regarding marital property BECAUSE this is a federal matter and there's no assurance as to which state the couple will reside at the time they need to come to collect.

Time to start listening to the people who have been there and done it, then helped countless others do it, instead of searching for references and interpretations to suit your notions. It IS, what it IS and it will be what it will be. Plan accordingly. :-)

[ThailandExpat 0]

[typo fixed]

When you study the scant lines in the I-864 and the instructions about 'this' -

you'll see there's a section about domicile and the fact that you have to show either:

1. proof of USA domicile or

2. proof of re-establishing USA domicile.

Plan accordingly

If you put the mouse button over the blank space on the pdf form it asks about the country of your birth. Contrary to the opinions of others I actually do research and I am fully aware of what my embassy has stated on the matter.

*edit*

I dont know why my post got cut off.

http://bangkok.usembassy.gov/immigrant_visas/domicile.

Edited August 6, 2013 by ThailandExpat

[ThailandExpat 0]

I am quite familar with that page and it's a problem that has been gnawing at the back of my mind for some time now. I've been in Thailand for ten years now and married for five. By no means am I a well off individual with alot of assets. As much as I would like to I will not be opening any account with Peter Schiff or buying real estate. Nor will be able to enroll childen into school since we have none. We have family members who will shelter us until we are able to get on our own two feet. That's not a problem. About the only other thing that I can think of is my voting.

I had intended to include this in my previous post but somehow it got cut off

[pushbrk 12,893]

If you put the mouse button over the blank space on the pdf form it asks about the country of your birth. Contrary to the opinions of others I actually do research and I am fully aware of what my embassy has stated on the matter.

*edit*

I dont know why my post got cut off.

http://bangkok.usembassy.gov/immigrant_visas/domicile.

Your research is problematic. What comes up when you mouse over the form is wrong. This is no surprise. For example, if you were using a joint sponsor, joint sponsor MUST be either a US Citizen or Legal Permanent Resident "domiciled" in the USA. (See "specific instructions #9.) By definition an LPR is NOT born in the USA. A naturalized US Citizen (like my stepdaughter) was also NOT BORN IN THE USA, but certainly IS "domiciled" in the USA.

You see, (as I've mentioned repeatedly) I and others here actually know what is required because we've done it and helped many others "do it". Answers from USCIS and mouse-overs are routinely simply, "wrong". You are domiciled in Thailand. You will show evidence of your intention to again establish domicile in the USA. Intuitively, you would conclude that the simple act of filing an immigrant petition for your spouse would be sufficient evidence but it isn't. Go figure.

[Darnell 8,478]

There's nothing wrong with being an expat in Thailand for another 10 years.

I suggest you try it, as my hope really, is that after 10 years the forms are filled out via brain-electrode connections, and you'll have a chance to get it right, then.

Push - I'm leaning towards walking away on this one, the join date is too soon for his opinions to matter. Sure, results of research matters, but so far it's all skewed and wrong.

Be unified with me, today, and walk away? We can walk away, together, it'd be a great show of unity.

[pushbrk 12,893]

[pushbrk 12,893]

There's nothing wrong with being an expat in Thailand for another 10 years.

I suggest you try it, as my hope really, is that after 10 years the forms are filled out via brain-electrode connections, and you'll have a chance to get it right, then.

Push - I'm leaning towards walking away on this one, the join date is too soon for his opinions to matter. Sure, results of research matters, but so far it's all skewed and wrong.

Be unified with me, today, and walk away? We can walk away, together, it'd be a great show of unity.

Lean away. I'm afraid the brain-electrode connections would only be as good as the USCIS authors of the questions. Unless those improve, accuracy in answers won't either. The forms and process are designed so as to require the services of somebody who already knows what to do. Fortunately, those services are available free, here at VJ, to those who will take advantage of what's available out of the goodness of people's hearts.

I agree that those services are no longer available to this OP, from me. I can have more fun helping people who CAN be helped.

[LoveExile 27]

The forms and process are designed so as to require the services of somebody who already knows what to do. Fortunately, those services are available free, here at VJ, to those who will take advantage of what's available out of the goodness of people's hearts.

I agree that those services are no longer available to this OP, from me. I can have more fun helping people who CAN be helped.

Advice is more easily taken when it is not wrapped in a cloak of condescension and derision. It's human nature to distrust advice that is given mockingly or aggressively, no matter how accurate it may be.

Is it helping people that you enjoy, or is it feeling superior to everyone else because YOU (believe that you) know everything? Visa applications are intimidating and nerve-wracking for people, and the consequences of getting it wrong can mean months more of separation from a loved one.

Try having some sympathy and understanding for people, even if they have stupid questions, or even if they ask the same question 10 times just to be 100% sure. It's easy to criticize "stupid" and "lazy" people once you've gone through this process and the stress and uncertainty of it is in your rear-view mirror.

Not everyone asking for help here is "lazy" or unwilling to read instructions. Maybe some of us have so much to lose if we get it wrong that we will do anything and everything to make sure the paperwork is perfect. Maybe some of us are simply not willing to blindly accept advice from someone who clearly enjoys lording his experience over us, rather than genuinely trying to help us.

Edited August 6, 2013 by LoveExile