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RodAguilar

Domicile of affidavit living outside USA

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Filed: AOS (apr) Country: Spain
Timeline

Hello,

 

According to a web page of "immigration help":

 

Quote

 

A U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States can not sponsor. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

 

 

A joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor.

 

 

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 temporarily abroad must have a principal residence in the U.S. with the intent to maintain that residence for the foreseeable future. Legal permanent resident sponsors must further demonstrate that they have their legal permanent resident (LPR) status. A U.S. citizen or legal permanent resident 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.

 

 

If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement.

 

 

So I guess that you can only sponsor or joint-sponsor if you're citizen or legal permanent resident and you are residing temporarily abroad.

 

Edited by Davide and Nessa
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Filed: Timeline
17 minutes ago, Davide and Nessa said:

Hello,

 

According to a web page of "immigration help":

 

 

So I guess that you can only sponsor or joint-sponsor if you're citizen or legal permanent resident and you are residing temporarily abroad.

 

thanks, then if I not working in USA yet, I need to set amount of affidavit to 0?

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Filed: Timeline
14 hours ago, Dee elle said:

I am assuming you are petitioning for a non US spouse. If this is not the case, please give more detail so people can respond to you accurately 

Yes. You are the primary sponsor as petitioner, even if your income etc is $0. You complete the I864

Your  joint sponsor will complete their own I864. 

Your joint sponsor must be a USC or LPR and resident in the US

If you are still overseas , you must demonstrate evidence of establishing domicile in the US , which must be before or at the time of your spouse entering the US. 

I´m petitioning for my mother, the person that is going to respond is my uncle, brother of my mother, I verify the table for how  much is the minimum incoming and he apply. He is a usa citizen and live there.

Edited by RodAguilar
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Filed: Timeline
14 minutes ago, Dee elle said:

IR visas are for family reunification. If you are living overseas, you are going to have to convince and demonstrate that you are returning permanently to the US to live...otherwise it’s not family reunification. Only adult children can sponsor parents... you can’t use the process without meeting these requirements 

ok, start getting my licence drive and bank account can be enough for demostrate that I gonna return to US?

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Filed: Timeline

 

5 minutes ago, Dee elle said:

I don’t know what they will require... but I think you will need more than that... it’s pretty easy to maintain a drivers licence and bank account in the US without actually living there.  .... not exactly showing strong ties to the US 

ok, then I suppose thant they gonna required the specificic proves, thanks a lot.

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Filed: Other Country: Saudi Arabia
Timeline

Yes.  They are.  A drivers license means nothing.  Owning an insured car in the US registered to the address on that license demonstrates ties.  A bank account is good, but a bank account that your salary is being deposited in every month demonstrates ties.  See the difference? 

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