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Filed: Country: Russia
Timeline
Posted

Hi all, I'm new here, my name's Matthew,

I'm hoping to get married soon and DCF in Moscow with my lovely girl Masha and continue our lives in the US. I've lived in Russia for a year and a half now and have evidence to show it, so DCF should be the best way.

My questions and conerns lie with the affidavit of support I'd have to file. I'm an English teacher and get paid in rubles, so my salary has varied from $500-900 a month with the decline of the ruble, and I've never filed taxes in these years. So I'm worried that I won't be able to demonstrate support for my future wife.

We plan, if the visa stuff works out, to live with my father in California. While he currently has little income, he has a fairly large nest egg which he lives off of. Is there an option for him to co-sponsor me/us? Of course Masha and I plan to start new careers and support ourselves in the near future, and I'm saving up my rubles to do so, but I can't at the moment demonstrate a $12k/year salary at the moment. Can I have my father help me in this situation?

Thanks all, and nice to meet ya'll :D

Filed: Country: Russia
Timeline
Posted

That's all understood, except, what's a license? Marriage license? And as a legal resident means that my company rents my flat and I have registration of that? And what do you mean by lease given to me by my dad?

Thanks a lot!

You will need to prove domicile in the US, have

an active bank acct, license, file past tax, resided

in Russia as a legal resident, get a co-sponsor,

and have a lease given to you by dad. They may or

may not as for more things

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

You father needs to give you a lease so that you can establish domicile in the US, since you're doing DCF you need proof that you can/will establish residence in the US.

A lease is an agreement between the landlord (your father) and the tenant (you and your wife) which shows where you are/will be living, and for how long is the agreement. I am not familiar with California law but I am sure there is a standard document which you can fill in.

I thinkthe license Jawaree was referring to is a California driver's license, such an ID shows residense in state.

I am not sure what you mean by this question: "And as a legal resident means that my company rents my flat and I have registration of that?"

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Filed: Country: Russia
Timeline
Posted

Wow, I had no idea about needing to establish domicile, I didn't see that on the visa guide.

Ah, my response meant that I could demonstrate my stay in the country for over 6 months with this registration form, so that I'll be eligible for DCF.

You father needs to give you a lease so that you can establish domicile in the US, since you're doing DCF you need proof that you can/will establish residence in the US.

A lease is an agreement between the landlord (your father) and the tenant (you and your wife) which shows where you are/will be living, and for how long is the agreement. I am not familiar with California law but I am sure there is a standard document which you can fill in.

I thinkthe license Jawaree was referring to is a California driver's license, such an ID shows residense in state.

I am not sure what you mean by this question: "And as a legal resident means that my company rents my flat and I have registration of that?"

Filed: K-3 Visa Country: Thailand
Timeline
Posted

You father needs to give you a lease so that you can establish domicile in the US, since you're doing DCF you need proof that you can/will establish residence in the US.

A lease is an agreement between the landlord (your father) and the tenant (you and your wife) which shows where you are/will be living, and for how long is the agreement. I am not familiar with California law but I am sure there is a standard document which you can fill in.

I thinkthe license Jawaree was referring to is a California driver's license, such an ID shows residense in state.

I am not sure what you mean by this question: "And as a legal resident means that my company rents my flat and I have registration of that?"

This would be ok but isn't required. A lease means nothing really because can be changed or broken so easily.

Best to look up domicile question then contact exact embassy for more detail. My embassy for example didn't ask too much about this issue because of the info in the case file. In this case because its DCF the O P should be able to get info easier. I assume everyone that files DCF faces this domicile issue so its isn't new. The fact there is a visa intended for entry into the USA should be enough to indicate intent.

Filed: Country: Russia
Timeline
Posted (edited)

My main concern is that for the affidavit: http://www.uscis.gov/sites/default/files/files/form/i-864.pdf, since I'll be finishing my contract, should I include my income from my teaching job in rubles? The problem is that would be below the poverty line, and I intend to find new employment once we arrive in the US. What would my income be? Sigh...I hope this isn't something that only rich people can do :(

On the USCIS website it says:

I filed the immigrant visa petition, but can I be a sponsor if I am currently unemployed/retired/student and I am not earning an income?

As the petitioner you are required, by law, to file an I-864 even if you do not earn enough income. If you do not earn enough income, you may add the value of your assets and/or income and assets of your household members, if they are willing. If this still does not meet the federal poverty guidelines, a joint sponsor will be required to file an I-864.

So I guess I can include my Dad and maybe another family member as well. How much money in assets are they looking for?

Edited by Matt&Masha
Posted

Since your income will not be continuing after you return to the US, it will not count to sponsor your wife.

You would fill out the I-864 as sponsor even without continuing income, as you found. This form does require tax transcripts or copies of tax returns for the past three tax years. If you were not required to file taxes for one or more of those years (try this IRS widget or their site for more info), you would note this as outlined in the I-864 instructions. If you were required to file taxes but did not, look into doing so now (and look into the Foreign Earned Income Exclusion so you won't be taxed a second time on the Russian income).

Your father can use his assets to supplement his income, I think counted at 1/5 toward the income requirement. There is a section in the instructions on assets with this information and what can be used.

You can have a second joint sponsor, but not more than two.

Domicile is addressed in the I-864 instructions, this State Department page, and this VJ wiki page. Hopefully those links will help clarify. There are also a number of posts around VJ on the topic.

As another poster suggested, looking at the Russia subsection for consulate-specific information on how assets and domicile are treated is a good idea.

2012: Married
2014 2016 2017: I-130 packet direct to Frankfurt

Frankfurt's "steps" to DCF:

Step 1: I-130 Petition Checklist (PDF, from their USCIS page)

Step 2: Immigrant/Fiance(e) & K-Visa Applicant Checklist (PDF, from their Appointment & Interview page)

 
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