URGENT :Affidavit of Support and establishment of domicile

[Lindz 0]

Can anyone please help with the Affadavit of support ???

I am a UK citizen and my husband US citizen, both living and working in China. We got married in May and filed our I-130 on 4/10 and can now schedule my visa interview, so trying to gather the extra paperwork that's required. My husbands income has fallen below the threshold for filing a tax return whilst living in China and as he has been a resident in China for the last 4 years he has no evidence of domicile. What evidence can we provide for the affidavit of support and how do we show that he is trying to re-establish domicile in the US?

Hope that someone can help :-S

Thanks

[James N 6]

Can anyone please help with the Affadavit of support ???

I am a UK citizen and my husband US citizen, both living and working in China. We got married in May and filed our I-130 on 4/10 and can now schedule my visa interview, so trying to gather the extra paperwork that's required. My husbands income has fallen below the threshold for filing a tax return whilst living in China and as he has been a resident in China for the last 4 years he has no evidence of domicile. What evidence can we provide for the affidavit of support and how do we show that he is trying to re-establish domicile in the US?

Hope that someone can help :-S

Thanks

Not sure if I missing something, but as a US citizen he doesn't have to prove that he has a domcile in the US. His passport or birth certificate should be enough for that purpose. As for the Affidavit of Support, his income (converted to US) should meet the requirments on this document:

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[Lindz 0]

Its states on : http://travel.state.gov/visa/immigrants/info/info_3183.html#31

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.

[dwheels76 5,468]

Not sure if I missing something, but as a US citizen he doesn't have to prove that he has a domcile in the US. His passport or birth certificate should be enough for that purpose. As for the Affidavit of Support, his income (converted to US) should meet the requirments on this document:

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Not true you very much have to show you have a domicile or you are re-establishing domicile.

OP here is a handy list of things to consider to set up or re-establish domicile.

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

Thanks to VJ member lemayz for this suggestion!

[lost_at_sea 995]

If your husband's income is below that required for the I-864, you'll need a joint sponsor (or be using assets), plus still needing to show domicile (or intent).

Edited November 2, 2013 by lost_at_sea