I-864 domicile/foreign income questions

[sean.law 2]

Hello!

About ready to send off the AOS and I've got a few questions that I was unable to find direct answers for.

Here's our situation.

I'm the benficiary, my wife the sponsor. She is currently living and working in Canada. We have a joint sponsor in the US who meets the requirements. She has the following as proof of re-establishing domicile:

Apartment with lease in US

Driver's license in US

Car registered in US with US insurance

Electrical, phone bill, bank, all tied to US address

She's just waiting on a job offer before she physically moves there. We're close (30 min) to the border so that makes it much easier. Since she's living here, for Part 4...

For her mailing address, we used the US address (this is where all her phone, electrical, bank, etc is being mailed to)

For her place of residence, we used the Canadian address (because this is where she is living)

For domicile we used Canada since she sleeps during the night and works during the day in CANADA....

We attached a letter indicating that she intends to re-establish domicile AS SOON as she gets a job. We list all the things she has done to re-establish domicile including the interviews. So my first question is...

1) In our situation, did we fill out the I-864 appropriately?

Onto my second question...

Since she is working in Canada, her income will not transfer once she moves. So we filled out $0.00 for her income. However she marked herself as "employed" and listed her Canadian employer. We attached a letter stating that she works in Canada and this income is not transferable, hence the $0.00 for income.

2) Is this correct, or should we put that she is "unemployed"? Because technically, in the eyes of the US, she is (since her income will not transfer). This is also reflected in her tax transcripts. Since it's not transferable, we are not submitting any documentation showing her current employment. Evidence will be submitted by the joint sponsor to show current income, etc to meet the poverty line.

Of course, we can wait until she gets the job and moves and eliminate all doubt, but we feel like with the evidence we have, we're good to go with NVC. The consulate will want to know she's moved in and has a job, which (after 2+ months of wait time) is a certainty. So we're jumping the gun and hoping to submit in the mean time.

Thanks guys!

Edited October 9, 2015 by sean.law

[sean.law 2]

I'm seeing that I'll need to submit the I-865 to indicate that her address had changed. I'm wondering if this would cause any delays in processing. If she were to move in 2 weeks (for example), then we would have 30 days to submit the I-865. At this point they may not have even looked at our AOS package, so I imagine this would create confusion and could delay things.

I'm really unsure what to put for domicile as well. I want to put Canada because that's where she is currently, but she has all her mail going to the US address, bank in the US, driver's license in the US, etc. so I'm tempted to put USA. But she just works here in Canada and spends most of her time here.

Any advice?

I want to submit ASAP because our Canadian address is temporary (bank foreclosed on the condo we're renting) and I (the Canadian) may not have a place to live soon.

[sean.law 2]

Looking more closely at the I-865, it looks like this is submitted electronically to the USCIS. So it seems to me that there probably won't be any confusion with the I-864 at the NVC . So I'm going to go ahead with my original plan with the US mailing address, Canadian residence, and Canadian domicile and include all the evidence we have that she intends in good faith to move there. I'll include her Canadian job because that's where she is currently employed with the $0.00. Once she moves, we'll submit the I-865 to the USCIS.

I believe this should be fine!

[RoRo&Amar 0]

Just wanted to see if your plan worked? I'm kind of in the same situation

[sean.law 2]

In the end I realized that the NVC had updated their AOS and I had to fill out the new form for my wife and the joint sponsor. This cost us an extra two weeks whereby she got a job in the US and she moved down there. Therefore we put US address for everything, and US domicile. However I had an attachment that indicated she recently moved and so included proof of US domicile. For a Canadian, establishing US domicile is absolutely necessary for getting the IR-1 visa so that's why I went to such lengths.