I-864 domicile requirement

[Icefire 0]

Hi everyone,

First of all, thanks for reading my question! My question is regarding the I-864 that I filed recently.

Both my husband and I are U.S. citizens, who currently live in the U.S. I recently filed I-130 and I-485 concurrently to adjust my alien father's status in the U.S. Along with it, I filed I-864 as the main sponsor and my husband filed I-864A as my household member to sponsor for my dad's AOS, because I myself don't meet the income requirement as a homemaker.

My husband just got an excellent job offer from overseas, which will pay him more than his current salary in the States. We are thinking of taking the offer. It means that my husband will start working overseas in a few months.

How would this move affect my pending I-130 and my father's pending I-485? We would like to convince the USCIS that our domicile remains in the U.S. regardless of my husband's employment abroad. We own a rental property in the U.S., which we don't intend to sell any time soon. We'll continue to pay U.S. taxes in the future years. We could keep a permanent U.S. address by extending our lease or keeping our rental property for our own use to strengthen the evidence for our U.S. domicile. We have checking, savings and investment accounts in the U.S. We will do our best to keep our driver's licenses valid in the States.

Will all the above evidence be sufficient to prove our American domicile, or at least my own domicile in the U.S., during an interview for my father's AOS, if an interview is required? Or would the sheer fact that my husband will be employed overseas disqualify us as sponsors due to the U.S. domicile requirement? If my husband's foreign employment disqualifies him as a joint sponsor, is there any way for me to convince the USCIS that I myself still lives in the U.S. and am able to sponsor my dad singlehandedly with my own assets to supplement my insufficient income? If things get to that point, will I have to live in the U.S. most of the time and be separated from my husband while he's working overseas?

Also, if my father's AOS is approved in a few months, and then my husband and I move overseas, will my dad run the risks of losing his permanent residence because his sponsors will no longer be living in the States? It's worth noting that my dad plans to continue to live in the U.S. by himself, and that my husband's income abroad will in fact go up instead of down compared to what it is now. We'll continue to financially support my father from overseas for all the years to come.

Many thanks in advance! I really enjoy reading all the posts on this forum! It's amazing how many insightful and talented people are there in all parts of the world! Kudos to all of you, who are extending your journeys to the west so courageously and perseveringly!

[aussie_jason 195]

http://www.usvisalawyers.co.uk/article19.htm

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - assuming father did not enter US on family based visa ~

[Icefire 0]

Thanks, Jay-Kay!

[gil-n-joy 1]

Hi everyone,

First of all, thanks for reading my question! My question is regarding the I-864 that I filed recently.

Both my husband and I are U.S. citizens, who currently live in the U.S. I recently filed I-130 and I-485 concurrently to adjust my alien father's status in the U.S. Along with it, I filed I-864 as the main sponsor and my husband filed I-864A as my household member to sponsor for my dad's AOS, because I myself don't meet the income requirement as a homemaker.

My husband just got an excellent job offer from overseas, which will pay him more than his current salary in the States. We are thinking of taking the offer. It means that my husband will start working overseas in a few months.

How would this move affect my pending I-130 and my father's pending I-485? We would like to convince the USCIS that our domicile remains in the U.S. regardless of my husband's employment abroad. We own a rental property in the U.S., which we don't intend to sell any time soon. We'll continue to pay U.S. taxes in the future years. We could keep a permanent U.S. address by extending our lease or keeping our rental property for our own use to strengthen the evidence for our U.S. domicile. We have checking, savings and investment accounts in the U.S. We will do our best to keep our driver's licenses valid in the States.

Will all the above evidence be sufficient to prove our American domicile, or at least my own domicile in the U.S., during an interview for my father's AOS, if an interview is required? Or would the sheer fact that my husband will be employed overseas disqualify us as sponsors due to the U.S. domicile requirement? If my husband's foreign employment disqualifies him as a joint sponsor, is there any way for me to convince the USCIS that I myself still lives in the U.S. and am able to sponsor my dad singlehandedly with my own assets to supplement my insufficient income? If things get to that point, will I have to live in the U.S. most of the time and be separated from my husband while he's working overseas?

Also, if my father's AOS is approved in a few months, and then my husband and I move overseas, will my dad run the risks of losing his permanent residence because his sponsors will no longer be living in the States? It's worth noting that my dad plans to continue to live in the U.S. by himself, and that my husband's income abroad will in fact go up instead of down compared to what it is now. We'll continue to financially support my father from overseas for all the years to come.

Many thanks in advance! I really enjoy reading all the posts on this forum! It's amazing how many insightful and talented people are there in all parts of the world! Kudos to all of you, who are extending your journeys to the west so courageously and perseveringly!

Hi Icefire.

Do you have an update on your dad's I-130/I-485 petition? Did you need to file any kind of waiver?