UK income for AOS

[Indian1 0]

I am an Indian national in India. My USC wife-to-be is a long term UK resident (15 years); employed and making an equivalent of USD 25k/yr for the last 3 and a half years.

*Will her income in UK count for the I-864 she will file for me?

*If not, will my own money, about $ 100k in US and Indian banks count for the I-864?

We wish to avoid any joint sponsorhip as much as possible.

[YuAndDan 153]

A few things living abroad does not exempt a person from filing returns with the IRS they will require copies of the returns attached to the I-864 or a strong explanation why they were not filed, and Rule about Domicile, the us citizen needs to show that they maintained domicile in the USA.

Domicile

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 States 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. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States.
  

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

• Employment by the U.S. government
  
• Employment by an American institution of research recognized by the Attorney General
  
• Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
  
• Employment with a public international organization in which the United States participates by treaty or statute
  
• Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
  
• Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination
  

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States
  
• Locate a place to live in the United States
  
• Register children in U.S. schools
  
• Make arrangements to give up (relinquish) residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

Read more here: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[Indian1 0]

No offence intended, I did not have a domicile question. She is employed with a US multinational in UK, so her US domicile is automatically established.

A few things living abroad does not exempt a person from filing returns with the IRS they will require copies of the returns attached to the I-864 or a strong explanation why they were not filed, and Rule about Domicile, the us citizen needs to show that they maintained domicile in the USA.

Domicile

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 States 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. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States.
  

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

• Employment by the U.S. government
  
• Employment by an American institution of research recognized by the Attorney General
  
• Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
  
• Employment with a public international organization in which the United States participates by treaty or statute
  
• Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
  
• Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination
  

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States
  
• Locate a place to live in the United States
  
• Register children in U.S. schools
  
• Make arrangements to give up (relinquish) residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

Read more here: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[YuAndDan 153]

No offence intended, I did not have a domicile question. She is employed with a US multinational in UK, so her US domicile is automatically established.

Now that Domicile is not an issue, she was working for an American corporation, then yes her income can be used to meet the requirements of the I-864, she will need to provide IRS return information (Tax transcripts, or copy of 1040, and W2).

Will she have a job when returning to the U.S.? They will want to know this also.

Great resource for information is the US Embassy in the UK

http://www.usembassy.org.uk/cons_new/faqs/...i864_index.html

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

[Yodrak 7]

Indian,

* Maybe, if she will continue working for the same employer when she returns to the USA.

* Yes.

Yodrak

I am an Indian national in India. My USC wife-to-be is a long term UK resident (15 years); employed and making an equivalent of USD 25k/yr for the last 3 and a half years.

*Will her income in UK count for the I-864 she will file for me?

*If not, will my own money, about $ 100k in US and Indian banks count for the I-864?

We wish to avoid any joint sponsorhip as much as possible.