Domicile Question

[familybasedvisa12 23]

Hi everyone,

 

I haven't lived in the USA for 3 years, but have maintained the following: bank and investment accounts (with healthy balances) and a driver's license. I also plan on voting in the upcoming election from abroad. 

 

Is this enough to establish my domicile? Or should I start looking for a joint-sponsor?

 

Thanks!

[familybasedvisa12 23]

26 minutes ago, familybasedvisa12 said:

Hi everyone,

 

I haven't lived in the USA for 3 years, but have maintained the following: bank and investment accounts (with healthy balances) and a driver's license. I also plan on voting in the upcoming election from abroad. 

 

Is this enough to establish my domicile? Or should I start looking for a joint-sponsor?

 

Thanks!

I'll also add that I sought out employment and have a contract that starts in the US on November 30, 2020. Should I add this as well? 

[Just Paul 4,595]

Generally Yes. Include the job offer and US accounts. 

This is enough - Unless you are interviewing in Montreal.

 

Even if you are approved at NVC, having a Joint Sponsor at consulate level is a good backup.

[familybasedvisa12 23]

6 hours ago, Paul & Mary said:

Generally Yes. Include the job offer and US accounts. 

This is enough - Unless you are interviewing in Montreal.

 

Even if you are approved at NVC, having a Joint Sponsor at consulate level is a good backup.

Thanks for the response, Paul! 

 

What do you mean by having a joint sponsor as a backup at the consulate level? Wouldn't I have to include the joint sponsor on the I-864 when I submit the documents to NVC in order to present the backup at the consulate level? Based on what you're saying it seems you've seen people get approved at the NVC without a joint sponsor only to be denied by the officer at the consulate?

 

Additionally, I'm debating on whether or not to include our assets on the I-864 - technically, I don't need to since I fulfill the income requirements as reflected on my 2019 tax return. What do you think? We have a healthy balance sheet, but I don't want to provide information that won't help our case since it isn't 'required'. 

Edited September 22, 2020 by familybasedvisa12

[Just Paul 4,595]

24 minutes ago, familybasedvisa12 said:

What do you mean by having a joint sponsor as a backup at the consulate level?

Yes, just as a backup.  If you I-864 is approved at the consulate I'd expect that consulate wouldn't have any issues.  You would be using assets unless your income is coming from a (continuing) US source.  Foreign income and assets don't count. Or waiting until you start the new job if the assets aren't there to file the I-864.  Current income or total assets is what matters the most.

 

27 minutes ago, familybasedvisa12 said:

Based on what you're saying it seems you've seen people get approved at the NVC without a joint sponsor only to be denied by the officer at the consulate?

NVC is looking that you meet the minimums.   Consulates consider the totality of the circumstances surrounding public charge.  They can raise the "bar". Probably not a significant issue at Dublin.

[familybasedvisa12 23]

23 minutes ago, Paul & Mary said:

Yes, just as a backup.  If you I-864 is approved at the consulate I'd expect that consulate wouldn't have any issues.  You would be using assets unless your income is coming from a (continuing) US source.  Foreign income and assets don't count. Or waiting until you start the new job if the assets aren't there to file the I-864.  Current income or total assets is what matters the most.

 

NVC is looking that you meet the minimums.   Consulates consider the totality of the circumstances surrounding public charge.  They can raise the "bar". Probably not a significant issue at Dublin.

Ohh OK. Thanks for the clarification - I didn't realize that my current foreign income wouldn't count. I work for a global firm so my US contract actually starts the day my Ireland contract ends - I wonder if they'd view that differently? Should have clarified that I'm relocating to a position in the US with the same company. 

 

In any case, the majority of our assets are in the US (bonds, equities and cash - all of which are liquid). Sounds like I'm going to have to include this. Should I still show my current income in USD as reflected in my 2019 taxes? 

 

 

 

Edited September 22, 2020 by familybasedvisa12

[familybasedvisa12 23]

On 9/22/2020 at 8:28 PM, familybasedvisa12 said:

Ohh OK. Thanks for the clarification - I didn't realize that my current foreign income wouldn't count. I work for a global firm so my US contract actually starts the day my Ireland contract ends - I wonder if they'd view that differently? Should have clarified that I'm relocating to a position in the US with the same company. 

 

In any case, the majority of our assets are in the US (bonds, equities and cash - all of which are liquid). Sounds like I'm going to have to include this. Should I still show my current income in USD as reflected in my 2019 taxes? 

 

 

 

 

On 9/22/2020 at 8:12 PM, Paul & Mary said:

Yes, just as a backup.  If you I-864 is approved at the consulate I'd expect that consulate wouldn't have any issues.  You would be using assets unless your income is coming from a (continuing) US source.  Foreign income and assets don't count. Or waiting until you start the new job if the assets aren't there to file the I-864.  Current income or total assets is what matters the most.

 

NVC is looking that you meet the minimums.   Consulates consider the totality of the circumstances surrounding public charge.  They can raise the "bar". Probably not a significant issue at Dublin.

By the way, where does it say that foreign income doesn't count? Can't seem to find anything in the I-864 instructions. 

[familybasedvisa12 23]

On 9/22/2020 at 8:12 PM, Paul & Mary said:

Yes, just as a backup.  If you I-864 is approved at the consulate I'd expect that consulate wouldn't have any issues.  You would be using assets unless your income is coming from a (continuing) US source.  Foreign income and assets don't count. Or waiting until you start the new job if the assets aren't there to file the I-864.  Current income or total assets is what matters the most.

 

NVC is looking that you meet the minimums.   Consulates consider the totality of the circumstances surrounding public charge.  They can raise the "bar". Probably not a significant issue at Dublin.

Paul - never mind. I see now that they are looking at AGI and I'd have to include my assets. THANKS!!