Filling in I-864 - Sponsor is immigrating back to the US with the beneficiary (no job as of yet)

[Snorbs 0]

Hi Everyone,

I apologise if this particular question has already been discussed elsewhere, I have been searching the forums for the past hour, but am not really sure what "search terms" I should be using to describe my situation.

I am a USC who had been living overseas with my UKC spouse for the past 9 years. We have now decided to move back to the U.S. and establish a life there.

I've come across the brilliant letter template on this site to use to show you are "re-establishing domicile" in the U.S. I'm doing everything I can to re-establish myself (registering to vote, applying for jobs, arranging to live with my parents until we are settled in jobs, filing back taxes, etc), however my husband and I are both leaving our jobs here and boldly (or stupidly?!) moving ahead with our plans without secured employment in the U.S. (we have savings to sustain us, and free rent while living with my parents)

I have reviewed the sample completed I-864 form on this site, but I think the answers pertain to a sponsor that lives within the US, as most sponsors would. I am still a bit confused as to how I, as the main sponsor living overseas, actually need to give my personal details. (NB: One of my parents will act as our co-sponsor and earn well over 125% of the poverty line, so I do not suspect this bit to be a problem.)

My questions are:

Part 2. (Information on the Principal Immigrant)

I find this bit confusing anyway, as to me it suggests that you should provide the overseas address of the principal immigrant, but on the sample form http://www.visajourney.com/examples/INS-Form-I-864.pdf, it looks like the sponsor is providing the sponsors address in the US here.

Do I give my current mailing address, which is my residence with my husband in the UK, or should I give my US address that I will move to?

Section 4. (Information on the Sponsor)

Again, for my place of residence, should I go ahead and put my intended residence in the US, even though I won't live there until I immigrate with my husband later this year?

Part 6. (Sponsors income and employment)

I am currently employed in the UK, but as mentioned, am leaving my job to move back. I do not (and probably will not, as no one wants to seem to interview me from the UK) have a job in the US until I actually move back. Do I put in my current work details, or treat it as if I am unemployed, as I am not employed in the US?

I do have a current individual income for my UK job, but again, as giving this up I assume I should enter in "0"?

I appreciate any advice from those who have been through the same situation, having done a lot of research through these forums, most mentions of this topic have been people who have jobs lined up in the US, so slightly different to my situation.

On a separate note, would it be worth me preparing a statement of agreement between myself and my parents that we will live with them in the US? In lieu of a formal rental agreement or proof of property ownership in the US? Trying to think of every little thing I can add to the list of things to show I am re-establishing domicile...

(Note to 22 year old self - don't move away, not file taxes, close your bank account and let your driver's license expire if you ever intend to move back and intend to bring your non USC spouse with you...DOH!)

Thanks all for your invaluable knowledge and support!

[NikLR 13,231]

Read the first two posts. http://www.visajourney.com/forums/topic/472916-nvc-filers-january-2014/

You'll find a lot of information there.

Edited January 16, 2014 by NLR

[Snorbs 0]

Thanks for replying, but I didn't really see anything in that thread related to the Petitioner filling in the form from overseas (not in the US). Perhaps I should have posted this in the DCF thread as people there would be filing from overseas, so more likely to be in a similar scenario as myself...

[NikLR 13,231]

There is a big section in post two about how to declare youre reestablishing domicile. You must have missed it.

[Snorbs 0]

There is a big section in post two about how to declare youre reestablishing domicile. You must have missed it.

I did read that, I mentioned in my original post that I copied the brilliant letter template showing all the actions you are taking to reestablish yourself, and am using that as a guide. That was incredibly useful. I just wanted to know when actually filling in the form, should I include my current job details, or not, as I am giving up my job and don't have another to go to. No worries though, I will fill the form out to the best of my ability and interpretation of the instructions.

Thanks again for your help!

[Ryan H 3,819]

Moved from IR-1/CR-1 Process & Procedures to DCF Discussion.

[Darnell 8,479]

stick with the concept

of writing the

prove-up

for

re-establishing USA domicile and

remember - this is evaluated on interview day, regardless of NVC doc intake or no.

---

If you approach it as a 5 page thesis, then pare it back AFTER the 4th revision, well,

you might have completed the task, as you've focused on not only what you've done prior to interview day to attempt to re-establish domicile in the USA,

but also you've written of what yer GOING to do after hitting dirt in the USA to complete the re-establishment of domicile.

Go Get Em, and Good Luck ! Canadiens have this problem also with USCitizen spouses, and write of it, often, with a pinned topic in the Canada sub-forum. Check it out, have a read, then refactor your plan often, until it makes sense to all who review it for you.

[Snorbs 0]

Thanks for the info, and for moving this to a more relevant board.

Still would be interested to hear from a non- US resident petitioner who has filed this form - did you include your overseas job details, or leave blank/fill in as unemployed, as you didn't have a job lined up to go back to?

This is what I think I will do, then obviously have the supporting documents showing that I have been applying for jobs in the US since last November...

[Lukadia 3]

Hi there, I am a USC and currently living in Japan with my French husband and we are doing everything from here. I've done a lot of research and I am still unsure of how it will all go down once we get our NOA2 and start filling out the affidavit. It really seems like it is a case by case basis. From abroad I used my mothers US address and our current one in Japan, and wrote in the cover letter that we are moving to a different state to find jobs (mother lives in CA and we want to live in WA). From the research I've found, if you have a sponsor and a US address for reestablishing domicile it seems that will be enough. My husband and I will attempt to use assets only for the affidavit and that is my biggest concern. I probably wont find a job by the time NOA2 comes, as I'm still living abroad. Best of luck and let me know if you have any opinions on the assets only on the affidavit.

[NikLR 13,231]

If your job will not be continuing after you move then you do not need to include it in the I-864, or you can include a letter stating as such. Because you have a joint sponsor this will not be a big deal. But like Darnell said, in the Canada forum we have a stickied post on the subject because our consulate is particularly picky about establishing domicile in the USA for the petitioner. Pickier than majority of the consulates simply because Canada shares the border with the USA vs having an ocean between us.

Showing proof of reestablishign domicile is more important than saying you have a job overseas. You can't count that income towards the I-864 anyhow as 1) it's not US based and 2) it's not continuing.

[Je e Gi 1]

We just filed DCF in Italy a few months ago and I was also confused with the I-864 and domicile. For your specific questions, this is what we did:

Part 2 (Address of Principal Immigrant) - Your UK husband is the principal immigrant so you want to put his current UK address

Section 4 - For both mailing address and residence address I used my overseas address as per DCF you have to have residence in that country. Then for country of domicile I used US. Not sure if this was the correct way to do it but I did not have problems.

Part 6 - This was the one I had concerns with the most. I put that I was currently employed at the Italian place of work. However 13.a.1 etc, I put 0. I was asked about it at the document checking stage of the interview and said that I was currently employed however, that job would not be following me to the US and it was not US based. The lady was okay with that and honestly did not look at the rest.

From what I saw as you will not be able to solely support your husband and that you will have no income, they mark your I-864 as DOES NOT MEET requirements and focuses mainly on the co-sponsor. Like I said, I am not 100% that I filled out the form correctly but we were issued a visa in the end so it couldn't have been too bad.

For proof of domicile, I had the following: (I have been living in Italy and Spain for the past 6 years and am also moving back without a job in place)

Tax Exemption Letter (I did not file US taxes for these 6 years as I did not make the required amount to do so), Letter on steps I took to reestablish domicile, Letter from my parents stating an agreement to live at their house, Email from our local insurance company stating options for health insurance, Email from pet relocation agency, Bank statement, copy of drivers license.

For cosponsors, make sure you have their W-2 in addition to the tax return if they file jointly as we were specifically asked for it as the tax return then would show a total of both your parents income where the W-2 shows only the co-sponsors income.

[Snorbs 0]

Thanks for your helpful replies!

Did anyone use the I-864EZ form? I just found out this existed at the weekend, haven't really seen it referenced on here.

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

[NikLR 13,231]

We used the I-864EZ

[Snorbs 0]

We used the I-864EZ

Thanks!

[thebaileyohana 1]

(Note to 22 year old self - don't move away, not file taxes, close your bank account and let your driver's license expire if you ever intend to move back and intend to bring your non USC spouse with you...DOH!)

Thanks all for your invaluable knowledge and support!

I can totally relate to this! I'm doing the same thing but from Canada. However, I have a timeline on when I will be immigrating back to the US now because I've applied to go to university in Hawaii where I'm from. Hoping there won't be a huge gap of time in between the time that I move to Hawaii to when my husband is able to come via PR or at least K-3 Visa!! It's not cheap flying from Hawaii to Canada all the time!