Filing I-864 Affidavit of Support

[Alan & Layo 3]

We are filing from Nigeria and would like people to recommend an immigration lawyer that can help with the filing of I-864 Affidavit of Support.

[Penguin_ie 5,993]

This is a DIY site, most people file on their own. A lawyer or visa prep service can be useful if you have difficulty filling out detailed forms, or have major red flags, but it can slow things down. Most lawyers will specialise in a specific issue, such as waivers or previous denials. Why do you think you need a lawyer?

[Alan & Layo 3]

Thanks Queen Penguin. I am a USC and I have lived outside the USA for over 15years.

I have been married for over 10yrs and would like to move back to the US with my family.

The main reason for my decision to move back is for my children's education.

Looking through the instruction for the affidavit of support i found out that i can't sponsor my wife, because of the domicile requirement.

What can i do?

[Penguin_ie 5,993]

You have three options:

1. You move back first and get a job, then sponsor the wife (presumably the kids are already USC through you and won;t need a visa)

2. Sponsor her on assets- savings, property etc

3. Get a US based co-sponsor; someone to stand guarantoor for your wife, essentially.

[Alan & Layo 3]

Thanks. Yes my kids are USC.

My brother is ready to be a co-sponsor, i am not just sure that i can be the principal sponsor without establishing a domicile.

I want us all to move at the same time.

[dwheels76 5,468]

Thanks. Yes my kids are USC.

My brother is ready to be a co-sponsor, i am not just sure that i can be the principal sponsor without establishing a domicile.

I want us all to move at the same time.

You aare the petitioner so you will always be the sponsor. You will have to fill out a I-864 also regardless if you earned money or not. Have you been filing your taxes the last 3 years at least? That is a requirement.

Here's a list of setting up domicile. That you will need to do and show you have done regardless.

What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?

You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 3 and 4) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

[Alan & Layo 3]

Thanks a lot this is really helpful and yes I have been filing my taxes.

Edited October 17, 2013 by Layomi

[Schynam 9]

You do not need a lawyer to create an I-184 affidavit. Just get a job and earn enough to be over the poverty line for the number of heads in your family.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[dashaoz 0]

Good luck to you Alan with your paperwork and thanks to you dwheels76 with this detailed information which I think I'll be using this format as well. But I have a question at this point. We do not have kids. I do not own a house or vehicle in U.S. I do not have mutual funds either. I transferred my savings with me when I was moving to Turkey with my wife and helped my mum & dad to get an apartment here.. So, How can I prove those in your list? For example, bank accounts might not be that hard but how can one get the voter registration without being present in U.S? I believe you have to be a permanent resident of the state that you're living in order to get that.. Or my driver's license which will expire in a few months. You can not renew that without being there.

Thanks...

[Alan & Layo 3]

Good luck to you Alan with your paperwork and thanks to you dwheels76 with this detailed information which I think I'll be using this format as well. But I have a question at this point. We do not have kids. I do not own a house or vehicle in U.S. I do not have mutual funds either. I transferred my savings with me when I was moving to Turkey with my wife and helped my mum & dad to get an apartment here.. So, How can I prove those in your list? For example, bank accounts might not be that hard but how can one get the voter registration without being present in U.S? I believe you have to be a permanent resident of the state that you're living in order to get that.. Or my driver's license which will expire in a few months. You can not renew that without being there.

Thanks...

No one responded to this post. Please help a brother people.

[Ryan H 3,812]

No one responded to this post. Please help a brother people.

Perhaps he should start his own thread with his questions rather than burying his questions in someone else's thread.

[dashaoz 0]

No one responded to this post. Please help a brother people.

Thanks Alan. I just started a topic. Good luck.

[Alan & Layo 3]

Hi Dashaoz, this may also help too http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Good luck.