Is DCF the way we should go

[Emerald 0]

My hubby is a US citizen and has been living here for 5yrs. I am an aussie and we have 2 daughters together who have both aussie and us citizenship. We are considering relocating the family to the usa, is DCF the way we should go? if not what other visa catergory do we fall into?

Also how does the poverty guideline thing work, it's saying for a familiy of 4 it's $25,000, does this mean he has to have an income in the USA making that or more to support us all? Or does it mean he has to show that this is the income he's earning here? I'm a bit confused on this part.

I am just starting to look into this, how long can it take?

Thanks

Emerald

[aussiewench 9]

Im not up on all this DCF but a couple of things come to mind from your post.

Have you read the DCF Guide http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf

Domicile & Income.

There are some issues unique to being a USC who is living abroad. Mainly, that you must have a US domicile to qualify as a Sponsor for the I-864, a crucial part of the visa application.

Another issue is US-based income. To qualify, your current income must continue when you are in the US. Foreign employment often will not be of use to you. The instructions for the I-864 are helpful themselves, as well as the information in the following links. Your foreign spouse’s assets may be used, any joint assets you have, or any assets that you hold individually. Joint Sponsors are often the only answer for a couple relocating to the US.

Have a read of the section pertaining to Both Living Overseas and the links within.

[meauxna 15]

My hubby is a US citizen and has been living here for 5yrs. I am an aussie and we have 2 daughters together who have both aussie and us citizenship. We are considering relocating the family to the usa, is DCF the way we should go? if not what other visa catergory do we fall into?

Also how does the poverty guideline thing work, it's saying for a familiy of 4 it's $25,000, does this mean he has to have an income in the USA making that or more to support us all? Or does it mean he has to show that this is the income he's earning here? I'm a bit confused on this part.

I am just starting to look into this, how long can it take?

Thanks

Emerald

First thing your husband wants to look at is information on domicile. There are several links in the DCF Guide (top of the page, blue tabs). He needs a US home and ideally employment before he is eligible to sponsor you.

The DCF Guide also discusses US-based income for the I-864 Affidavit of Support. You may be able to make this amount in assets instead of income. His Australian income will not help him, but you can state what he's been doing for work and mention if that career is transferable (would find similar work in the US).

You can get everything done inside of a month, once you've seen to all the requirements. You just need to do some planning for a landing in the US; read the Guide and the pinned Australia post in this forum for starters and check back in!

[MarsBar 0]

First thing your husband wants to look at is information on domicile. There are several links in the DCF Guide (top of the page, blue tabs). He needs a US home and ideally employment before he is eligible to sponsor you.

The DCF Guide also discusses US-based income for the I-864 Affidavit of Support. You may be able to make this amount in assets instead of income. His Australian income will not help him, but you can state what he's been doing for work and mention if that career is transferable (would find similar work in the US).

Hi,

I haven't posted here in a very long time and certainly not in this capacity, but this thread has been relayed to me by an acquaintance because they suspected that the information that was being dispensed was not entirely correct.

I specialize in UK based DCF Spousal applications however, since we're still dealing with the same rules and regulations I feel confident that I can help clarify the issue of Domicile.

The US Embassy in Sydney's website makes comments on Domicile here: http://canberra.usembassy.gov/consular/ivfaq.html

38. (Q) I DON'T UNDERSTAND THE CONCEPT OF DOMICILE.

(A) Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

He/she left the United States for a limited and not indefinite period of time,

He/she intended to maintain a domicile in the United States, and

He/she has evidence of continued ties to the United States.

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

Please see http://travel.state.gov/i864gen.html#4 for further information.

Unfortunately this information does not apply to DCF applications in most circumstances.

I believe that the Original Poster's application would be best suited to Direct Consular Filing considering that her spouse has been resident in Australia for the past 5 years. With that in mind, it should be known that those who have clearly not maintained a domicile in the United States may still act as the primary sponsor for their family members provided that they intend to ESTABLISH A DOMICILE in the United States after their family member's visa has been granted.

More information on establishing a domicile can be found from the department of state's website here: http://travel.state.gov/visa/immigrants/in...nfo_1328.html#4

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

* Find a job in the United States

* Locate a place to live in the United States

* Register children in U.S. schools

* Make arrangements to give up (relinquish) residence abroad

* Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

As you can see, those who have resided abroad and have not maintained a domicile in the US are not excluded from acting as the primary sponsor for their family member. They only need present proof that they are taking steps to establish a domicile in the US and relinquish their domicile in the country in which they presently live. In this case it would be Australia.

In the case of DCF applicants, this is particularly easy to accomplish because in most circumstances the adjudicator of the case understands that those who have been resident abroad for quote some time will naturally no long have a domicile in the US. Even the act of applying for a visa for their family member, specifically a spouse, itself constitutes intent to move back to the US with their spouse and establish a permanent domicile after the visa has been granted.

I believe the US Embassy London Website explains it best: http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in the United Kingdom; for example obtaining a valuation of your property from an estate agent.

Therefore, is often not necessary for US Citizens in these circumstances to travel to the US ahead of their loved one to establish a domicile and obtain a job in order to act as a sponsor. If one does return to the US, one would no longer be able to take advantage of the privilege to use DCF, which in many cases presents a visa in far less time than an application filed at a US Based Service Center.

------

Regarding income. It is true that if present income is not US based or will not continue from its current source once the move has taken place, either assets can be used or a joint sponsor may be obtained in lieu of sufficient assets.

The most important thing to keep in mind when considering if your income will be acceptable for support is - Will this income continue once I am in the US? For example, will you telecommute with your current company? Is your income from rental property which you wont be selling? Is your employer transferring you to a base in the US? Is your self employment income such that the business will follow you wherever you go - for instance contract software development or web development?

------

I hope this information has been helpful. I believe that the link I provided to the US Embassy in London's Domicile FAQ, along with the DoS's website, will be most helpful in learning about the ins and outs of domicile.

Best wishes to everyone,

Sarah