I-864 sent right after relocation to the US

[aerodnight 76]

Hi guys,

 

Since I'm already at NVC stage of visa process, there are some questions that I have to ask. When answering them, please consider the scenario is that I just moved to the US when not living there for many years and having no ties to the country as for this moment.

1. Current income - I will probably find a job before moving back to the US and right after getting to the country and starting the job(let's say 1-2 weeks), I'd like to send all documents to NVC to review. Is it very probable that when making a lot above the income requirement with a fresh job that I will get RFE due to 'not stable' income since it will be pretty fresh? Should I write a cover letter that I will provide pay stubs and other possible evidences of stability of the employment for the interview?

2. Country of domicile - Since I'd already be in the US with foreseeable future there, could I already put the US as a country of domicile? It would be weird to write that Poland is my country of domicile if I would already cut all ties with this country(resigning from the job, ending apartment lease, etc.). If I could put the US as a country of domicile, then would I have to attach some particular evidences supporting that? 

 

Generally I thought that relocating alone is the best option before sending AOS since I would resolve the income and domicile issue but now I'm not so sure how it works.

[pushbrk 12,898]

33 minutes ago, aerodnight said:

Hi guys,

 

Since I'm already at NVC stage of visa process, there are some questions that I have to ask. When answering them, please consider the scenario is that I just moved to the US when not living there for many years and having no ties to the country as for this moment.

1. Current income - I will probably find a job before moving back to the US and right after getting to the country and starting the job(let's say 1-2 weeks), I'd like to send all documents to NVC to review. Is it very probable that when making a lot above the income requirement with a fresh job that I will get RFE due to 'not stable' income since it will be pretty fresh? Should I write a cover letter that I will provide pay stubs and other possible evidences of stability of the employment for the interview?

2. Country of domicile - Since I'd already be in the US with foreseeable future there, could I already put the US as a country of domicile? It would be weird to write that Poland is my country of domicile if I would already cut all ties with this country(resigning from the job, ending apartment lease, etc.). If I could put the US as a country of domicile, then would I have to attach some particular evidences supporting that? 

 

Generally I thought that relocating alone is the best option before sending AOS since I would resolve the income and domicile issue but now I'm not so sure how it works.

I think you are saying you will wait to file the I-864 until you are living in the USA and already employed.  If so, wait until you have 1 pay stub for a full pay period, and you'll avoid any actual problems with NVC.  Yes, you'll get a notice from NVC that (based on prior tax returns) your income is insufficient and you may want to have  a joint sponsor, BUT the Consular Officer will make the final decision.  Just ignore that message and carry on,  It's a boilerplate message many well qualified sponsors get.

[aerodnight 76]

10 minutes ago, pushbrk said:

I think you are saying you will wait to file the I-864 until you are living in the USA and already employed.  If so, wait until you have 1 pay stub for a full pay period, and you'll avoid any actual problems with NVC.  Yes, you'll get a notice from NVC that (based on prior tax returns) your income is insufficient and you may want to have  a joint sponsor, BUT the Consular Officer will make the final decision.  Just ignore that message and carry on,  It's a boilerplate message many well qualified sponsors get.

That's exactly what I mean, yeah. By one full period you mean like 2 weeks or 1 month, depending on the pay frequency? Also, I thought that attaching pay stubs is not necessary, but I guess in such a case, when the employment is fresh it actually is required. Still wondering what to do in terms of domicile thing.

[pushbrk 12,898]

1 hour ago, aerodnight said:

That's exactly what I mean, yeah. By one full period you mean like 2 weeks or 1 month, depending on the pay frequency? Also, I thought that attaching pay stubs is not necessary, but I guess in such a case, when the employment is fresh it actually is required. Still wondering what to do in terms of domicile thing.

You simply say you are domiciled in the USA, and use a US address as your current address.  You document your employment in the US with a pay stub.  Evidence of current income is ALWAYS, a requirement.  A pay stub for a full pay period is how you calculate your current income AND your evidence.  1k per week is 52k current income and so on.

[Redro 4,611]

2 hours ago, aerodnight said:

Hi guys,

 

Since I'm already at NVC stage of visa process, there are some questions that I have to ask. When answering them, please consider the scenario is that I just moved to the US when not living there for many years and having no ties to the country as for this moment.

1. Current income - I will probably find a job before moving back to the US and right after getting to the country and starting the job(let's say 1-2 weeks), I'd like to send all documents to NVC to review. Is it very probable that when making a lot above the income requirement with a fresh job that I will get RFE due to 'not stable' income since it will be pretty fresh? Should I write a cover letter that I will provide pay stubs and other possible evidences of stability of the employment for the interview? If your Tax Return/Tax transcript for 2021 is insufficient you will receive an RFE for Proof of Income. Make sure you include a paystub, work contract (showing you are CURRENTLY working) or a letter of employment- with employment start date. 

 

2 hours ago, aerodnight said:

2. Country of domicile - Since I'd already be in the US with foreseeable future there, could I already put the US as a country of domicile? It would be weird to write that Poland is my country of domicile if I would already cut all ties with this country(resigning from the job, ending apartment lease, etc.). If I could put the US as a country of domicile, then would I have to attach some particular evidences supporting that?  Write a letter of intent to re-establish domicile stating you resigned from job and ended lease and you are intending to move to the US on X date. Include evidence this should suffice. Include proof of bank accounts, credit cards, US mailing address and you should be golden... but if you have lived in Poland for several years include a "Letter of Intent to Re-establish Domicile" to cover yourself. If you just state your domicile is the US and include no evidence supporting the fact (when your current physical address is Poland) you will be dinged on domicile and RFE'd for additional evidence. 

 

 

Generally I thought that relocating alone is the best option before sending AOS since I would resolve the income and domicile issue but now I'm not so sure how it works.  If you do not have sufficient income you need to get a joint sponsor. If you have sufficient assets you can qualify at NVC level but show proof of US income by the time your partner gets to interview (NVC-Interview shortest time frame= 4 months So, 4 months of paystubs by the time your partner interviews IF your first submission is accepted with no RFE.) 

I would delay submission of documents to NVC is you do not have adequate financial evidence. 

[aerodnight 76]

13 minutes ago, pushbrk said:

You simply say you are domiciled in the USA, and use a US address as your current address.  You document your employment in the US with a pay stub.  Evidence of current income is ALWAYS, a requirement.  A pay stub for a full pay period is how you calculate your current income AND your evidence.  1k per week is 52k current income and so on.

What just came to my mind is that I could try to attach more pay stubs a little bit later, since additional documents upload does not reset the queue position as I heard. So the initial documents submission would concise with letter from the employer plus one pay stub to cover the current income issue. As @ROK2USA has mentioned, I would need to initially attach a Letter of Intent to Re-establish Domicile, stating that I cut my ties with Poland by resigning from the job(supported with a document confirming that), resigned from apartment lease and so on. Since NVC review takes about 70 days as for now, I guess it wouldn't be problem to upload more evidences of current income(more paystubs) and domicile(I'm not sure how much time it will take me to get organized in the US, I mean to get a driving license, open a bank account, renting an apartment with my name on the lease agreement).

 

@pushbrk as for the current address, to use one do I have to acquire a driving license or state ID with that address on it? Or can I use any address, like of my family member for example? I'm not sure how long it will take me to sign a lease after arriving in the US since I won't have any credit score to start with what could prove to be problematic, but I guess I will need some address to give for the employer to construct a contract so I would use the same address that is on the employment contract to not confuse anyone at NVC

[Redro 4,611]

4 minutes ago, aerodnight said:

What just came to my mind is that I could try to attach more pay stubs a little bit later, since additional documents upload does not reset the queue position as I heard. So the initial documents submission would concise with letter from the employer plus one pay stub to cover the current income issue. As @ROK2USA has mentioned, I would need to initially attach a Letter of Intent to Re-establish Domicile, stating that I cut my ties with Poland by resigning from the job(supported with a document confirming that), resigned from apartment lease and so on. Since NVC review takes about 70 days as for now, I guess it wouldn't be problem to upload more evidences of current income(more paystubs) and domicile(I'm not sure how much time it will take me to get organized in the US, I mean to get a driving license, open a bank account, renting an apartment with my name on the lease agreement).

 

I'm sorry. I don't quite understand your thinking.

Please correct me if I am wrong:

You are currently UNEMPLOYED. Therefore if you complete and sign an I-864 today your CURRENT income is ZERO.

Be aware: NVC expects those who do not make enough to upload PROOF OF EMPLOYMENT.

If you obtain employment after you submit the I-864. NVC will not know this is a NEW JOB and you are UPDATING your I-864.

They might be confused and state they cannot conclude you make enough and you can find a joint sponsor and CO will make final determination 

BUT they might also be confused and request you submit a new I-864 and you are back to waiting another +/-70 days. 

 

If you currently have sufficient assets and/or you have a joint sponsor I would upload that information if it is important to get in line NOW.

But, if you do not have sufficient assets and do not have a joint sponsor I would wait until you are employed with one pay stub and then submit your I-864.

@pushbrk might agree or disagree but your gymnastics are confusing and I'm not sure you'll be DQ'ed first time with this trick.  

[aerodnight 76]

I'll try to put it as straightforward as possible. I'm currently living outside the US and have a good paying job in Poland, also filed all tax returns with IRS as required. I knew it was ok for me to continue living outside the US during the I-130 step, but now when I'm at NVC, I know that I should relocate to the US before my wife to be able to go through NVC without joint sponsor. I work in a pretty high paying sector and I expect to find a well paid job before arriving in the US. After arriving in the US and starting the job with sufficient income, I want to file I-864 and the rest of the documents so NVC could review it. Both of my questions resided around stability of this new US based employment and the domicile factor. So I was making enough in terms of dollars earned last year to sponsor my wife, but it was not US based income so I know I'm not able to use it. I was just wondering how it'd be if I'd just start working in the US, making well above the requirement income. I hope it will be easier to understand my point of view now. This whole relocating will probably take place in the next 3 or 4 months, so I'm currently still in Poland.

[Redro 4,611]

8 hours ago, aerodnight said:

I'll try to put it as straightforward as possible. I'm currently living outside the US and have a good paying job in Poland, also filed all tax returns with IRS as required. I knew it was ok for me to continue living outside the US during the I-130 step, but now when I'm at NVC, I know that I should relocate to the US before my wife to be able to go through NVC without joint sponsor. I work in a pretty high paying sector and I expect to find a well paid job before arriving in the US. After arriving in the US and starting the job with sufficient income, I want to file I-864 and the rest of the documents so NVC could review it. Both of my questions resided around stability of this new US based employment and the domicile factor. So I was making enough in terms of dollars earned last year to sponsor my wife, but it was not US based income so I know I'm not able to use it. I was just wondering how it'd be if I'd just start working in the US, making well above the requirement income. I hope it will be easier to understand my point of view now. This whole relocating will probably take place in the next 3 or 4 months, so I'm currently still in Poland.

Ah! I think you should be fine with your plan then.

File the I-864 as soon as you receive first pay stub. 

And show proof of domicile through bank accounts, credit cards etc. 

Write a letter stating you HAVE moved back to the US. 

Upload additional pay stubs while you wait. 

[aerodnight 76]

@ROK2USA Thanks for the answer! So I will attach evidences for intent to re-establish domicile but what country should I put as my country of domicile when filling I-864? Can I put the US plus add those evidences you mention? Or if I put the US, then I'm not supposed to have to prove anything, so I should put Poland, even though I'd already move permanently to the US?

[pushbrk 12,898]

10 hours ago, aerodnight said:

What just came to my mind is that I could try to attach more pay stubs a little bit later, since additional documents upload does not reset the queue position as I heard. So the initial documents submission would concise with letter from the employer plus one pay stub to cover the current income issue. As @ROK2USA has mentioned, I would need to initially attach a Letter of Intent to Re-establish Domicile, stating that I cut my ties with Poland by resigning from the job(supported with a document confirming that), resigned from apartment lease and so on. Since NVC review takes about 70 days as for now, I guess it wouldn't be problem to upload more evidences of current income(more paystubs) and domicile(I'm not sure how much time it will take me to get organized in the US, I mean to get a driving license, open a bank account, renting an apartment with my name on the lease agreement).

 

@pushbrk as for the current address, to use one do I have to acquire a driving license or state ID with that address on it? Or can I use any address, like of my family member for example? I'm not sure how long it will take me to sign a lease after arriving in the US since I won't have any credit score to start with what could prove to be problematic, but I guess I will need some address to give for the employer to construct a contract so I would use the same address that is on the employment contract to not confuse anyone at NVC

You put the address where you actually are staying/living in the USA.  You can have separate mailing and physical addresses if you want.  @ROK2USA gave corect information for people living outside the USA.  You won't be.  You will actually be living and domiciled in the USA so no evidence except your signature under penalty of perjury is required.  Additional pay stubs later, only establish you are still working at the job.  Your spouse taking your latest to the interview will establish that quite nicely.

 

Stop thinking about "using addresses".  Stop thinking about documenting addresses.  Just tell the truth and provide a pay stub.  Pretty simple stuff.

[pushbrk 12,898]

2 hours ago, ROK2USA said:

Ah! I think you should be fine with your plan then.

File the I-864 as soon as you receive first pay stub. 

And show proof of domicile through bank accounts, credit cards etc. 

Write a letter stating you HAVE moved back to the US. 

Upload additional pay stubs while you wait. 

No need to write any letter.  File the I-864 with the current residence address and current employment information.  Actually living and working in the USA covers all domicile concerns.

[pushbrk 12,898]

1 hour ago, aerodnight said:

@ROK2USA Thanks for the answer! So I will attach evidences for intent to re-establish domicile but what country should I put as my country of domicile when filling I-864? Can I put the US plus add those evidences you mention? Or if I put the US, then I'm not supposed to have to prove anything, so I should put Poland, even though I'd already move permanently to the US?

Again, no.  By the time you file the I-864 you will be ACTUALLY ALREADY domiciled in the USA, so no need to evidence the intent to do so in the future.  Don't confuse your tenses here.

[aerodnight 76]

Thanks @pushbrk. It seems that if someone relocates to the US and starts a job here, then it means that this person is domiciled in the US and doesn't need to prove it in any way? Even if he's been there for two or three weeks?

 

1 hour ago, pushbrk said:

Additional pay stubs later, only establish you are still working at the job.  Your spouse taking your latest to the interview will establish that quite nicely.

So no harm in uploading more pay stubs under the additional documents section on CEAC site, since it won't cause resetting our position in the queue. 

I really appreciate all the help, sorry for getting too much into details in some of my posts.

[pushbrk 12,898]

1 minute ago, aerodnight said:

Thanks @pushbrk. It seems that if someone relocates to the US and starts a job here, then it means that this person is domiciled in the US and doesn't need to prove it in any way? Even if he's been there for two or three weeks?

 

So no harm in uploading more pay stubs under the additional documents section on CEAC site, since it won't cause resetting our position in the queue. 

I really appreciate all the help, sorry for getting too much into details in some of my posts.

No harm and no good.  I wouldn't do it.  Take a current pay stub to the interview, to show you are STILL employed.  Keep it simple.  In this circumstance less is more.