Do I need to move back if our sponsor makes 7 digit figure?

[DeParaquedasBrasi 228]

Hello everyone, 

 

  I’m a Texan who married a Brazilian in 2017. I moved to Brazil after our wedding because at the moment we didn’t want to live in America. Now that we’ve decided to move we filled and got our NOA1 in April of this year. 

 

Heres my question, 

I’ve read many threads on here saying the petitioner has to move back to show proof and domicile and income. Well our sponsor is going to be my sister and brothers-in-law who own a chemical shipping company and make an income in the mid 7 digits. Is it really still necessary for me to move back before hand?

And if so, when exactly is a good time to move? Once our case is approved? Once the NVC sends our welcome kit?

I’ve filled my income taxes for the two years that I’ve lived here since I would go back and work for a few months (we are able to survive off what I make in 3-4months). 

Thanks for the advice in advance. 

[geowrian 22,337]

The sponsor will address the public charge concern. However, you must still provide your own I-864 as the primary sponsor, and the I-864 requires either US domicile or sufficient intent to establish US domicile.

What exactly qualifies as sufficient is at the discretion of the CO, and tends to differ from embassy to embassy. Brazil isn't one that stands out as being overly strict, and you have only been living there for roughly 2 years, so I wouldn't expect too much evidence being requested for US domicile. That said, check the NVC wiki (https://www.visajourney.com/wiki/index.php/NVC_Process) for ideas. I doubt you will face to much trouble given the working int he US, US tax returns, presumably a current US driver's license, etc.

 

Beyond that, moving back to the US to actually establish domicile beforehand is an option. A couple weeks to months before the interview is usually sufficient.

[Hank_ 9,174]

6 hours ago, JesseTovar said:

Hello everyone, 

 

  I’m a Texan who married a Brazilian in 2017. I moved to Brazil after our wedding because at the moment we didn’t want to live in America. Now that we’ve decided to move we filled and got our NOA1 in April of this year. 

 

Heres my question, 

I’ve read many threads on here saying the petitioner has to move back to show proof and domicile and income. Well our sponsor is going to be my sister and brothers-in-law who own a chemical shipping company and make an income in the mid 7 digits. Is it really still necessary for me to move back before hand?

And if so, when exactly is a good time to move? Once our case is approved? Once the NVC sends our welcome kit?

I’ve filled my income taxes for the two years that I’ve lived here since I would go back and work for a few months (we are able to survive off what I make in 3-4months). 

Thanks for the advice in advance. 

You don't have to move back, but you do need to have U.S. residency established, be it using your sister's address or ...

 

Do you have a U.S. bank account?   

 

 

[Nitas_man 3,100]

10 hours ago, JesseTovar said:

Hello everyone, 

 

  I’m a Texan who married a Brazilian in 2017. I moved to Brazil after our wedding because at the moment we didn’t want to live in America. Now that we’ve decided to move we filled and got our NOA1 in April of this year. 

 

Heres my question, 

I’ve read many threads on here saying the petitioner has to move back to show proof and domicile and income. Well our sponsor is going to be my sister and brothers-in-law who own a chemical shipping company and make an income in the mid 7 digits. Is it really still necessary for me to move back before hand?

And if so, when exactly is a good time to move? Once our case is approved? Once the NVC sends our welcome kit?

I’ve filled my income taxes for the two years that I’ve lived here since I would go back and work for a few months (we are able to survive off what I make in 3-4months). 

Thanks for the advice in advance. 

I certainly did not move back first and we were out over 4 years.  I planned for that though.

 

Do you have a current drivers license/bank account/credit card/US address?  Where did you put as your permanent address on the I-130?

Edited August 9, 2019 by Nitas_man

[DeParaquedasBrasi 228]

11 hours ago, geowrian said:

The sponsor will address the public charge concern. However, you must still provide your own I-864 as the primary sponsor, and the I-864 requires either US domicile or sufficient intent to establish US domicile.

What exactly qualifies as sufficient is at the discretion of the CO, and tends to differ from embassy to embassy. Brazil isn't one that stands out as being overly strict, and you have only been living there for roughly 2 years, so I wouldn't expect too much evidence being requested for US domicile. That said, check the NVC wiki (https://www.visajourney.com/wiki/index.php/NVC_Process) for ideas. I doubt you will face to much trouble given the working int he US, US tax returns, presumably a current US driver's license, etc.

 

Beyond that, moving back to the US to actually establish domicile beforehand is an option. A couple weeks to months before the interview is usually sufficient.

Thanks for the information. Very helpful. 

[DeParaquedasBrasi 228]

5 hours ago, Hank_ said:

You don't have to move back, but you do need to have U.S. residency established, be it using your sister's address or ...

 

Do you have a U.S. bank account?   

 

 

 

1 hour ago, Nitas_man said:

I certainly did not move back first and we were out over 4 years.  I planned for that though.

 

Do you have a current drivers license/bank account/credit card/US address?  Where did you put as your permanent address on the I-130?

Yes I have a valid Texas drivers license and bank account. I actually have a house in Texas but it’s not in my name. My dad has a lot of land  and lives on one sid. He gave me a piece on the other side to build my house but the titles were never separated since the land is still his. I file my taxes and put my American address as my residence, but I put the Brazilian address as my current address on the I-130 since I figured they could see that I was spending more time in Brazil than USA. 

[Nitas_man 3,100]

1 hour ago, JesseTovar said:

 

Yes I have a valid Texas drivers license and bank account. I actually have a house in Texas but it’s not in my name. My dad has a lot of land  and lives on one sid. He gave me a piece on the other side to build my house but the titles were never separated since the land is still his. I file my taxes and put my American address as my residence, but I put the Brazilian address as my current address on the I-130 since I figured they could see that I was spending more time in Brazil than USA. 

You’re golden.  Welcome back to Texas.

I put permanent address US, residence address where we lived.  They spent more interview time talking to me than her, going over that stuff.  I had everything addressed to my brother’s in San Antonio at the time (actually the whole time I was out working) but by the time we left for the US we had a lease set up in Houston.  

Your wife will be asked for an address at POE, whatever you put make sure you both update it with USCIS when you finally settle permanently.  You mail in as sponsor, she changes hers with USCIS online.  Good luck!

Edited August 9, 2019 by Nitas_man