Am I able to prove intent of domicile? And does filing order of I-864 and DS-260 matter?

[ztiberiusd 38]

I'm a USC but have lived in New Zealand my entire life. I've always intended on moving to the US as it feels like home to me, since I first visited in 2009. Since 2009, I've returned once or twice every year to see family, friends etc (except 2020 and this year obviously!!). I originally planned on moving to the US after high school, but decided to stay here to get a degree as it is much, much cheaper. 

 

We're on track to receive NOA2 within the next month or so, so I'm trying to get a concrete idea of what steps I should prepare to take next. I'll finish my degree in November so ideally we would move around Nov/Dec, as close together as possible. 

 

I registered to vote in the US as soon as I was eligible and have always voted in every election I can. I have a permanent mailing address I use for things in the US. I have a SSN. However, at this point in time I don't have a US bank account or drivers license. If I can open a US bank account from overseas I'd be happy to do so, and it would actually be more convenient as I'm beginning to make plans to transfer my finances to the US. I've attempted to file income tax through TurboTax but my income is too low to file in the US. I understand we will need a joint sponsor for I-864 and are in the process of arranging one. 

 

My concern is with the timing of completing I-864 if I'm unable to prove intention to establish domicile. Am I correct in saying that I-864 needs to be completed before DS-260? I just don't want to receive NOA2 and have the case in NVC for months without being able to progress with anything. In any case, I won't be able to move to the US until Nov/Dec. In an ideal world, I will be able to file all paperwork with NVC whilst still living in New Zealand, then be able to move with my wife or a few weeks before her. If this is not possible and we need to be apart for some months then that is okay too. We're lucky that we can live together, especially with today's global climate and covid. But I'm sure you can appreciate that we want to make things as easy as possible, if at all possible.

 

Any advice is greatly appreciated! Thank you. 

 

 

[HRQX 4,145]

36 minutes ago, ztiberiusd said:

Am I correct in saying that I-864 needs to be completed before DS-260?

Either one can be filled-out first:

[JeanneAdil 6,511]

I paid the fee and filled out the forms when the bill came

they didn't come at the same time