Establishing domicile and affidavit of support

[marlaandalex 0]

My husband and I have filed the I-130 and we are both living in Ireland. We have also filed the I-129F, but have decided to cancel it so we dont have to mess with adjustment or EAD. Plus, my husband can transfer with his company to the States and they will pay for our moving costs, but not if we tell them he cant start until whenever the EAD is approved. We are now looking at the Affidavit of Support and have a few questions. And no, we didnt do DCF filing because they stopped it, at least in ireland, from jan to march 2007, which is when we filed our paperwork. I've been looking at the dcf filing timelines and am absolutely sick that we missed out on it.

I only have an irish income, meager savings, no assets, so we already have are using my Dad as joint sponsors.

The one catch that most of our questions hinge on is how long it takes between the NOA2 and the interview. According to the timelines, its about 230 days. Thats a pretty big window in which to secure a job or lease an apartment. From the NVC timeline, the I864 packet is sent to NVC before the interview. Will I need my proof of intent to reestablish domicile when we send the I864, or just by the interview?

I am aware that my husband can use his income if it is continuing from the same source, but he still has to apply for a position, and he can only do that so far ahead of time, and definitely not 230 days ahead of time. We know that when he transfers, he will definitely continue on at least the same salary, no matter what position he gets. So do I include that income on the I864?

I understand that I have to show intent to re-establish domicile. Does anyone know how little I can do to prove this?. i found this . . .

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.

I have maintained a US bank account, but it has ireland as my mailing address. I think I can have a job lined up with a start date for whenever we move back. But once again, with 230 day window, it's difficult. (Is it really that long?!) Would a letter from a manager saying there is a job waiting for me as soon as i return be enough to show securing a job? I'd like to do anything I can to re-establish without having to go back.

One more question. My husband and I are flying back to the states for one week in september for a visit. Are there any kinds of restrictions on him entering the US when his visa is being processed?

I know there were loads of questions in there, but any help would be greatly appreciated.

Thank you so much!

marla

[Chica Yeyé 41]

Marla,

Have you checked if you can now file for DCF? Maybe you can change? Not sure but worth a call to the consulate, eh?

Back to your questions: Only US income or income that will continue in the US is to be included in the Affidavit of Support. Great that you already have a cosponsor. As per domicile, if you can establish that your stay in Ireland is temporary (i.e. student visa or the like), there is no problem. And yes, a letter from a potential employer counts a lot. The bank account I'm not so sure, but still have copies of statements available.

Can he enter the US while processing? If he can prove enough ties to Ireland and the dude/dudette at the port of entry is on a good mood, yes. Some people have done it no problem, others have been sent back. It all depends, mostly on the POE officer.

Hope this helps, L.

Edited June 17, 2007 by Len_and_Bren

[marlaandalex 0]

Thanks for the response!

As for the DCF, we are going to call the embassy tomorrow and find out it anything can be done to change the processing to them, although, judging by the hassle involved in every other step of this process, I cant begin to imagine the hoops we will have to jump through.

Good to know that a letter from potential employer helps a lot. Im planning to just go back to my old job and tell them Ill be returning sometime in the future, and im sure my manager will have no qualms over writing a letter.

Entering the US while processing- we'll have a return flight, based on your response we will probably also bring some other proof, employer-wise or something to show he does have ties, so thanks for that.

I see from your timeline that you are near the end of the line, Congratulations! Good luck to you in your upcoming interview.

I am very excited for the day when we know enough about what we are doing to help someone else.

Marla

Marla,

Have you checked if you can now file for DCF? Maybe you can change? Not sure but worth a call to the consulate, eh?

Back to your questions: Only US income or income that will continue in the US is to be included in the Affidavit of Support. Great that you already have a cosponsor. As per domicile, if you can establish that your stay in Ireland is temporary (i.e. student visa or the like), there is no problem. And yes, a letter from a potential employer counts a lot. The bank account I'm not so sure, but still have copies of statements available.

Can he enter the US while processing? If he can prove enough ties to Ireland and the dude/dudette at the port of entry is on a good mood, yes. Some people have done it no problem, others have been sent back. It all depends, mostly on the POE officer.

Hope this helps, L.