USC Spouse going home ahead of petitioner, should we list domicile as USA on the I-864?

[swashbuckler-27 0]

I am the UK husband of my USC wife. We are living in London and filing for IR1. We have my LND number and police certificate I am going to book my medical tomorrow for as soon as possible.

We are filling out the I-864 and my spouse has a ticket to return to the USA on February 14th to look for jobs. Is it likely that I would be able to get an interview before February 14th? If not then should we list her domicile as USA on the I-864?

It also asks for her current annual income on the form but by then she might have finished that employment (12th Feb is her last day of work) should we include her current job's income in this section? We are filling another I-864 joint sponsor of her sister to account for the fact that she might be unemployed at the time of the interview. Any information would be much appreciated!

Cheers all!

Josh

[Nich-Nick 3,354]

I am the UK husband of my USC wife. We are living in London and filing for IR1. We have my LND number and police certificate I am going to book my medical tomorrow for as soon as possible.

We are filling out the I-864 and my spouse has a ticket to return to the USA on February 14th to look for jobs. Is it likely that I would be able to get an interview before February 14th? If not then should we list her domicile as USA on the I-864?

It also asks for her current annual income on the form but by then she might have finished that employment (12th Feb is her last day of work) should we include her current job's income in this section? We are filling another I-864 joint sponsor of her sister to account for the fact that she might be unemployed at the time of the interview. Any information would be much appreciated!

Cheers all!

Josh

Here's some good information in the I-864 FAQs on the London website for you to read, particularly tax returns and domicile. http://london.usembassy.gov/iv/ivfaqs_affidavit.html

The I-864 Is generally written for a US domiciled person with a US job. Your wife's UK income is not applicable because it can't be counted unless she will continue that same job in the US. I would write N/A or $0.00. They won't count off points on your interview score because she doesn't list a job. (There isn't really a score. Just joking about that) You have a joint sponsor so that will satisfy them.

As far as your interview. They tend to average about 6-7 weeks after the medical date, but the range is all over the place. Probably doubtful it will be by Feb 14. But you should at least know the date before Feb 14. Nobody looks at your I-864 prior to the interview so you could update it if things change and she has started working in the US. She could list her new US job and email you some proof. Most likely the timing is all going to be a little off to be working and have a paycheck before you interview. No worries.

Her domicile does not have to be the US as long as she can show intent to reestablish domicile. That is covered in those FAQs. Read them.

[swashbuckler-27 0]

Thanks Nick, I really appreciate the information!

I'm thinking if returning to the united states without a return ticket is enough to satisfy domicile though, I've read those documents and they dont address this edge case, she has lived away from the usa for at least 7 years now so I assume mearly entering the country without a return ticket is not enough to be considered 'domiciled' in the usa.

Again, thank you for your helpful comments i really do appreciate them!

[Nich-Nick 3,354]

Thanks Nick, I really appreciate the information!

I'm thinking if returning to the united states without a return ticket is enough to satisfy domicile though, I've read those documents and they dont address this edge case, she has lived away from the usa for at least 7 years now so I assume mearly entering the country without a return ticket is not enough to be considered 'domiciled' in the usa.

Again, thank you for your helpful comments i really do appreciate them!

Did you read "intent to reestablish domicile". London is pretty easy on intent. Are you going to live with her parents? A letter from them saying so. Are you looking to buy or rent? Emails with a realtor (estate agent) or apartment locator about properties in your new area. A copy of her resignation notice at work. Copies of letter or applications seeking a new job. Opening a new bank account.

Usually a one way ticket costs more than a round trip so most people cancel the return. But if she has a one-way itinerary, add it in.