Domicile - Proving living abroad temporarily

[NikLR 13,232]

1 hour ago, B&C2017 said:

She said she currently works as a contractor for the NL branch and will become an employee at their US branch (external employee vs. future internal employee, new contract).

I‘d therefore assume that she might not have the same company paying her current salary. How would that affect the „continuous employment“?

 

In case she does get payed already by the future US employer but through the NL branch and with a temporary contract, I guess your statement would be 100% correct, right? The external vs. internal won‘t make a difference (also I think external employees tend to have higher salaries than internal ones).

If she has a letter stating her income will continue from the same source that should suffice.  If not, then it doesnt count.  Sometimes you need to stop looking at the branches and see the tree. 

[B&C2017 123]

13 minutes ago, NikLR said:

If she has a letter stating her income will continue from the same source that should suffice.  If not, then it doesnt count.  Sometimes you need to stop looking at the branches and see the tree. 

Yes, that‘s what I meant 😊
If she doesn‘t get her contractor salary directly through the company she works for but through a third party, the it will not be a continuous employment.

[NikLR 13,232]

That's the downfall of contract work. 

Now will she move before the visa? If so will she be working before the interview? If so you hand carry a new I-864 to interview.  But at the NVC stage you may need a joint sponsor unless you wait to submit the AOS until after she's moved back. 

Timeline is a factor here. 

[RavenMinio 0]

Currently I'm registered as a sole trader and invoice the company directly, so there's not any other company in between - I also have the option of continuing as a contractor with this company after I move, they don't mind that either. I just wanted to be an employee for health insurance  I wont be moving before the interview, though, want to move together. My parents are fine with being joint sponsors and meet the requirements to do so. Is there any harm in trying to apply for the I864 myself given the above income situation, and if rejected reapplying with a joint sponsor? Not sure if that would be a significant delay or not. We're at the Nebraska centre, so we're looking at Nov 2020 at the earliest to even get our I-130 approved. 

Edited January 22, 2020 by RavenMinio