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Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted

Hi there,

I am filling out a second I-864 for my USC husband. When I filled out the first one, which got sent to NVC, I really had no clue about the whole domicile and income issue. Now, awaiting my interview, I finally understand the whole big picture. I think.

In our first I-864 we put his current foreign income as the basis for his sponsorship which I now know is not acceptable as it will cease once we move. I expect we will get temporarily rejected because of this. I'd like to go prepared, however, and already have the new set with a joint sponsor in my hand so I can give it to them right there at the interview. That's what I'm working on now.

As is the situation with many others here, my husband has been living with me in the UK for three years now. We are just waiting on my IR-1 and will then move back to the States. We've still got an address there to which some things get mailed, we've also got bank accounts still held in the US and I think he can get a future job letter as well, so I hope the domicile issue will be all right.

Now the question is, on the first I-864, not knowing better, I filled out both the place of residence and the mailing address as our address here (and, incidentally, also named the UK as domicile, as I truly had no understanding of what they meant by domicile). Should I now change one of those addresses (the mailing address) to our US address? Also, I plan on changing the domicile to US and provide documentation for what we're basing that on.

Do you guys think that'll fly? And what about the addresses? Any help would be appreciated.

Thanks.

July 2004 - Married

September 2004 - Filed I-130

Early October 2004 - Left the USA

October 12, 2004 - I-130 received

March 16, 2005 - I-130 approved

February 2006 - Filed I-824 to request handling in London

February 16, 2006 - I-824 received

July 26, 2006 - Received another approval notice for the I-130

August 2006 - Received form for Choice of Agent and Address form along with a visa process map of sorts and a request for an Affidavit of Support Fee Bill. All sent back right away.

January 10, 2007 - Filed I-864. At some point in time, we received a checklist back saying that we did not prove US domicile.

February 12, 2007 - Agent received an instruction packet detailing the documents to send back and those to obtain

April 29, 2007 - Filed DS-230 Part I as well as further evidence for domicile-issue (including evidence of address and bank accounts)

May 22, 2007 - Received another checklist saying we have not established US domicile

July 22, 2007 - Received appointment for interview for late in August, which later got pushed back a bit

September 4, 2007 - Interview date

Approved!

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
Hi there,

I am filling out a second I-864 for my USC husband. When I filled out the first one, which got sent to NVC, I really had no clue about the whole domicile and income issue. Now, awaiting my interview, I finally understand the whole big picture. I think.

In our first I-864 we put his current foreign income as the basis for his sponsorship which I now know is not acceptable as it will cease once we move. I expect we will get temporarily rejected because of this. I'd like to go prepared, however, and already have the new set with a joint sponsor in my hand so I can give it to them right there at the interview. That's what I'm working on now.

As is the situation with many others here, my husband has been living with me in the UK for three years now. We are just waiting on my IR-1 and will then move back to the States. We've still got an address there to which some things get mailed, we've also got bank accounts still held in the US and I think he can get a future job letter as well, so I hope the domicile issue will be all right.

Now the question is, on the first I-864, not knowing better, I filled out both the place of residence and the mailing address as our address here (and, incidentally, also named the UK as domicile, as I truly had no understanding of what they meant by domicile). Should I now change one of those addresses (the mailing address) to our US address? Also, I plan on changing the domicile to US and provide documentation for what we're basing that on.

Do you guys think that'll fly? And what about the addresses? Any help would be appreciated.

Thanks.

Hi,

We basically are in the same situation - as we both live in Canada.

In a nutshell the mailing addresses etc should not matter.

I asked someone (Canadian) how he had answered the domicile question. He entered Canada as country of domicile but included a letter from his US Citizen wife stating they would be entering the U.S. together as soon as he received his visa. (His visa was recently approved).

I on the other hand chose to put the U.S. as my domicile, explaining in a letter that we had alread sold our house here in anticipation of residing in the U.S. and that we would cross the border together.

The whole 'entering the States together' thing is based on this item - Part 4, question 15, item C - which I can tell you have already read :)

Anyway, it is open for interpretation - but I personally think you are on the right track.

Posted

We got our approval yesterday on the basis of both of us living in the UK.

Basically, as the mailing address we used our UK address on all forms. We put a US address only when asked where we will be living and where we want GC/SSN sent. As to domicile we put "Current: UK, Intended: USA" and this was all accepted.

Domicile is not a problem in London. For us, the USC has NEVER lived in the States and has NO us bank accounts and we have our approval.

Hope this helps and Good Luck. :thumbs:

Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted

Thanks to both of you guys for the answer.

Oh wow, and I thought I was in trouble! :)

Now the problem is, even though I live in London, I'm not going to the London embassy but rather, the Hungarian embassy as that is where I am from. I don't know, is there a rule that says you can only apply for a visa where you are from, regardless of where you live? I even asked to be interviewed here but anyway. I have no idea how the Hungarian consulate is for this kind of stuff.

Thanks for the advice. I think I'll put the addresses as UK then. I just read somewhere on this forum (don't ask me where as I have read so many threads here in the last few days) that someone put all their addresses on their paperwork to the NVC and the IRS as US even though they lived wherever. But I don't see how my hubby could truthfully state that his place of residence is in Arizona when clearly, he's right here in London.

But the thing is, we do honestly intend to go live in the States and at this point in time I'm in the process of acquiring so much supporting paperwork they'll flounder and I've got nothing to hide during the interview so surely, surely it will be OK. But still, it'll be a long month. :(

Congrats on your approval, essjay and keep fingers crossed for me. Thanks!

July 2004 - Married

September 2004 - Filed I-130

Early October 2004 - Left the USA

October 12, 2004 - I-130 received

March 16, 2005 - I-130 approved

February 2006 - Filed I-824 to request handling in London

February 16, 2006 - I-824 received

July 26, 2006 - Received another approval notice for the I-130

August 2006 - Received form for Choice of Agent and Address form along with a visa process map of sorts and a request for an Affidavit of Support Fee Bill. All sent back right away.

January 10, 2007 - Filed I-864. At some point in time, we received a checklist back saying that we did not prove US domicile.

February 12, 2007 - Agent received an instruction packet detailing the documents to send back and those to obtain

April 29, 2007 - Filed DS-230 Part I as well as further evidence for domicile-issue (including evidence of address and bank accounts)

May 22, 2007 - Received another checklist saying we have not established US domicile

July 22, 2007 - Received appointment for interview for late in August, which later got pushed back a bit

September 4, 2007 - Interview date

Approved!

Posted
Thanks to both of you guys for the answer.

Oh wow, and I thought I was in trouble! :)

Now the problem is, even though I live in London, I'm not going to the London embassy but rather, the Hungarian embassy as that is where I am from. I don't know, is there a rule that says you can only apply for a visa where you are from, regardless of where you live? I even asked to be interviewed here but anyway. I have no idea how the Hungarian consulate is for this kind of stuff.

Thanks for the advice. I think I'll put the addresses as UK then. I just read somewhere on this forum (don't ask me where as I have read so many threads here in the last few days) that someone put all their addresses on their paperwork to the NVC and the IRS as US even though they lived wherever. But I don't see how my hubby could truthfully state that his place of residence is in Arizona when clearly, he's right here in London.

But the thing is, we do honestly intend to go live in the States and at this point in time I'm in the process of acquiring so much supporting paperwork they'll flounder and I've got nothing to hide during the interview so surely, surely it will be OK. But still, it'll be a long month. :(

Congrats on your approval, essjay and keep fingers crossed for me. Thanks!

Hungarian Embassy, I'm afraid I can't help there... :lol:

What did come across very very strongly at the London Embassy yesterday is that they are looking for honesty. They can see through pretty much most false answers and if you are open and honest, they respond in kind. We don't live in the States and never have but were completely honest about it and showed our intention to move. The guidelines talk about having concrete evidence of your intention to re-establish domicile, and I think they are genuinely flexible as to how you prove that. As I said, we were worried about the domicile issue, but they didn't even mention it once!! :thumbs:

If you honestly intend to go live in the States, you'll have no problems. I took a truckload of supporting paperwork and I was really glad I did. I think because I kept offering stuff to them, and they could see how much I was willing to give, they didn't question domicile at all. They did acknowledge the fact that USC lived in London and had not moved back before me, but they liked the fact that he hadn't "abandoned" me but instead was going to travel with me!!!

Oops, and I am keeping my fingers crossed for you.... :whistle:

Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted

Thank you! It's so nice to have people pulling for us.

I just read your post in the UK forum about USCs not being allowed. I'm actually sort of happy to hear that as for financial reasons we've decided that I shall fly to Hungary alone and I was wondering if that would come across badly. But hey, if he's a persona non grata anyway, then all's well.

Now if this month would just tick on by... :clock:

July 2004 - Married

September 2004 - Filed I-130

Early October 2004 - Left the USA

October 12, 2004 - I-130 received

March 16, 2005 - I-130 approved

February 2006 - Filed I-824 to request handling in London

February 16, 2006 - I-824 received

July 26, 2006 - Received another approval notice for the I-130

August 2006 - Received form for Choice of Agent and Address form along with a visa process map of sorts and a request for an Affidavit of Support Fee Bill. All sent back right away.

January 10, 2007 - Filed I-864. At some point in time, we received a checklist back saying that we did not prove US domicile.

February 12, 2007 - Agent received an instruction packet detailing the documents to send back and those to obtain

April 29, 2007 - Filed DS-230 Part I as well as further evidence for domicile-issue (including evidence of address and bank accounts)

May 22, 2007 - Received another checklist saying we have not established US domicile

July 22, 2007 - Received appointment for interview for late in August, which later got pushed back a bit

September 4, 2007 - Interview date

Approved!

Posted
Thank you! It's so nice to have people pulling for us.

I just read your post in the UK forum about USCs not being allowed. I'm actually sort of happy to hear that as for financial reasons we've decided that I shall fly to Hungary alone and I was wondering if that would come across badly. But hey, if he's a persona non grata anyway, then all's well.

Now if this month would just tick on by... :clock:

I have no idea if the USC thing is only London or all embassies.....

What you will find is that the interview date comes around sooooo fast. Have all your documents in order and you'll be just fine.

What date is the interview??

Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted

It's 9/4. I still need to get the joint sponsor to mail me all the things and I'm waiting on my UK police report (hoping it will get here on time) but other than that, I think I have things. I figure, if not, I'll just have to mail it afterwards.

July 2004 - Married

September 2004 - Filed I-130

Early October 2004 - Left the USA

October 12, 2004 - I-130 received

March 16, 2005 - I-130 approved

February 2006 - Filed I-824 to request handling in London

February 16, 2006 - I-824 received

July 26, 2006 - Received another approval notice for the I-130

August 2006 - Received form for Choice of Agent and Address form along with a visa process map of sorts and a request for an Affidavit of Support Fee Bill. All sent back right away.

January 10, 2007 - Filed I-864. At some point in time, we received a checklist back saying that we did not prove US domicile.

February 12, 2007 - Agent received an instruction packet detailing the documents to send back and those to obtain

April 29, 2007 - Filed DS-230 Part I as well as further evidence for domicile-issue (including evidence of address and bank accounts)

May 22, 2007 - Received another checklist saying we have not established US domicile

July 22, 2007 - Received appointment for interview for late in August, which later got pushed back a bit

September 4, 2007 - Interview date

Approved!

Posted
It's 9/4. I still need to get the joint sponsor to mail me all the things and I'm waiting on my UK police report (hoping it will get here on time) but other than that, I think I have things. I figure, if not, I'll just have to mail it afterwards.

Well I wish you the very best of luck on September 4th. Here's to another big APPROVED. :thumbs: I'm sure it will all go just fine.

Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted

Yay! Well if you are still around, I'll drop a note here saying how it went. Originally, I think it might end up as a no because of the inadequate sponsorship issue but then hopefully they'll review the joint sponsor real quick and say yes!

Thanks for all the support!

July 2004 - Married

September 2004 - Filed I-130

Early October 2004 - Left the USA

October 12, 2004 - I-130 received

March 16, 2005 - I-130 approved

February 2006 - Filed I-824 to request handling in London

February 16, 2006 - I-824 received

July 26, 2006 - Received another approval notice for the I-130

August 2006 - Received form for Choice of Agent and Address form along with a visa process map of sorts and a request for an Affidavit of Support Fee Bill. All sent back right away.

January 10, 2007 - Filed I-864. At some point in time, we received a checklist back saying that we did not prove US domicile.

February 12, 2007 - Agent received an instruction packet detailing the documents to send back and those to obtain

April 29, 2007 - Filed DS-230 Part I as well as further evidence for domicile-issue (including evidence of address and bank accounts)

May 22, 2007 - Received another checklist saying we have not established US domicile

July 22, 2007 - Received appointment for interview for late in August, which later got pushed back a bit

September 4, 2007 - Interview date

Approved!

Posted
Yay! Well if you are still around, I'll drop a note here saying how it went. Originally, I think it might end up as a no because of the inadequate sponsorship issue but then hopefully they'll review the joint sponsor real quick and say yes!

Thanks for all the support!

If my passport comes back in time, I should be in the States by then, but will definitely not leave the forum... Hoping to travel September 1st!!

If you can get the co-sponsor paperwork to you in time for the interview, they will review it at the same time. Alternatively, if you can show assets of your own or spouse, again they will look at that. I think they really do try to be flexible.

We had income above poverty guidelines and we both know the income will continue (partly self employed...) but because we don't have a letter from the employer, they won't look at foreign earned income. So we just used assets instead. They are happy with either bank statements or real estate provided you have a valuation or sale of home etc. Otherwise, from other postings, they will take your Affidavit of Support and co-sponsor's at the same time. Try and get the paperwork back from your co-sponsor and follow up on your police certificate if you are getting close to the 40 days.

Good Luck. Regardless of location I will be wishing you well for your interview :thumbs:

Filed: IR-1/CR-1 Visa Country: Hungary
Timeline
Posted

Good for you guys! (I assume you're traveling together.)

Oh, I didn't realize they'll review everything right there. I just assumed they'd take it and send me away while they chew on it. I also thought about doing just assets but we sort of just barely have it and so I thought it would be safer to do a joint sponsor, especially that my hubby's parents are more than willing to do that. I'll definitely have them Fedex their stuff here so I'm not worried about them, the only bit I'm uncertain about is the police report. It'll be 40 days right around the time when I have my interview. Based on my previous experience with UK bureaucracy, I don't have a lot of faith but they do promise 40 days and I'll definitely try to chase them up when the time comes nearer.

I really appreciate you being so lovely today. :) I hope everything will work out for you guys, too, wherever you're going in the States.

July 2004 - Married

September 2004 - Filed I-130

Early October 2004 - Left the USA

October 12, 2004 - I-130 received

March 16, 2005 - I-130 approved

February 2006 - Filed I-824 to request handling in London

February 16, 2006 - I-824 received

July 26, 2006 - Received another approval notice for the I-130

August 2006 - Received form for Choice of Agent and Address form along with a visa process map of sorts and a request for an Affidavit of Support Fee Bill. All sent back right away.

January 10, 2007 - Filed I-864. At some point in time, we received a checklist back saying that we did not prove US domicile.

February 12, 2007 - Agent received an instruction packet detailing the documents to send back and those to obtain

April 29, 2007 - Filed DS-230 Part I as well as further evidence for domicile-issue (including evidence of address and bank accounts)

May 22, 2007 - Received another checklist saying we have not established US domicile

July 22, 2007 - Received appointment for interview for late in August, which later got pushed back a bit

September 4, 2007 - Interview date

Approved!

Posted
Good for you guys! (I assume you're traveling together.)

Oh, I didn't realize they'll review everything right there. I just assumed they'd take it and send me away while they chew on it. I also thought about doing just assets but we sort of just barely have it and so I thought it would be safer to do a joint sponsor, especially that my hubby's parents are more than willing to do that. I'll definitely have them Fedex their stuff here so I'm not worried about them, the only bit I'm uncertain about is the police report. It'll be 40 days right around the time when I have my interview. Based on my previous experience with UK bureaucracy, I don't have a lot of faith but they do promise 40 days and I'll definitely try to chase them up when the time comes nearer.

I really appreciate you being so lovely today. :) I hope everything will work out for you guys, too, wherever you're going in the States.

:blush::blush::blush: Thank you. And once again Good Luck :thumbs:

 
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