Domicile Dilemma!

[WoodlandsFamily 12]

2 minutes ago, pushbrk said:

A joint sponsor.....OR.....you go ahead and return to the USA and go to work at that new job.  Just because you don't like an option doesn't mean it's not one of your options.  You might also find a US employer that will let you work remotely to begin with.

I can't leave my family unfortunately, I have a large family and young children so we will be going as one unit hopefully. I don't know anyone to be a sponsor so it's looking more towards the assets for me and I'll keep my fingers crossed they will work 🤞

[appleblossom 1,910]

1 hour ago, WoodlandsFamily said:

3 or 5 times the poverty guidelines amount I mean. Sometimes I read 3 sometimes 5 if the beneficiary owns the house too. 

 

You mention house - just to check, this isn't your main residence/home?

[WoodlandsFamily 12]

4 minutes ago, appleblossom said:

 

You mention house - just to check, this isn't your main residence/home?

Yes it is. Surely you can use your home, after all it will be sold anyway before I move? 

[pushbrk 12,569]

8 minutes ago, appleblossom said:

 

You mention house - just to check, this isn't your main residence/home?

Time to become an A-Student of the I-864 instructions that make it clear that equity in your primary residence is not considered "liquid".  Can you work remotely for a US employer?

[appleblossom 1,910]

32 minutes ago, pushbrk said:

Time to become an A-Student of the I-864 instructions that make it clear that equity in your primary residence is not considered "liquid".  Can you work remotely for a US employer?

 

It is confusing though as the instructions do specifically say equity in a home can be used.

 

But if I've understood correctly,  it can't be your only source of funds, as that would mean 'financial hardship' if it had to be sold to support the beneficiaries?

[pushbrk 12,569]

2 hours ago, appleblossom said:

 

It is confusing though as the instructions do specifically say equity in a home can be used.

 

But if I've understood correctly,  it can't be your only source of funds, as that would mean 'financial hardship' if it had to be sold to support the beneficiaries?

You are interpreting "conveniently" instead of "literally".  Having to sell your primary home to support your family is considered a hardship to the sponsor.  Must be able to be converted to cash within a year without causing a hardship to the sponsor.  You don't get to pick and choose which parts to pay attention to and which not to.  The Consular Officer will make that decision based on the totality of circumstances. Even if you sell the house before relocating to the USA, the officer knows lots of that equity will be spent relocating.

[Pleasework89 47]

The domicile requirement is for the I-864 affidavit of support. I looked at the Foreign Affairs Manual that gives you the "legal" ruling of what the visa officer uses as a guideline. I have been living in my foreign spouse's country for the past decade. In my opinion, your best resource will be people in your similar situation interviewing at the same consulate. I prepared a bunch of documents because I assumed my consulate would be that strict but luckily they were satisfied with what I provided. Since you have no proof of current domicile, you will need to focus on establishing a strong case for Intent to reestablish domicile. You have young kids and school enrollment is a strong indicator. But most schools require proof of domicile within their district. 😬 

Good luck! And hopefully someone with your similar situation that interviewed in the consulate you designated for the visa interview reaches out....you could also look at the UK consulate reviews here on visa journey and find a member who seems approachable and send them a private message? 

[appleblossom 1,910]

1 hour ago, pushbrk said:

Having to sell your primary home to support your family is considered a hardship to the sponsor.  Must be able to be converted to cash within a year without causing a hardship to the sponsor.  You don't get to pick and choose which parts to pay attention to and which not to.  

 

That's exactly what I said above, I'm not picking and choosing anything - just pointing out that it could be confusing for people when the instructions explicitly say home equity can be used.

[Boiler 44,855]

At what point will you be selling the house.

[pushbrk 12,569]

59 minutes ago, appleblossom said:

 

That's exactly what I said above, I'm not picking and choosing anything - just pointing out that it could be confusing for people when the instructions explicitly say home equity can be used.

I meant the OP would be picking and choosing if they think equity in the primary residence will work for the I-864.  It's really only confusing if one picks and chooses or interprets conveniently (to their agenda).

[WoodlandsFamily 12]

5 hours ago, Boiler said:

At what point will you be selling the house.

From what I can tell I am not supposed to sell before the visa is in hand. Or the cash should be shown in the account for 12 months. So I was planning on selling up as soon as the visa is approved though I appreciate it's tight as I will only have then 5/6 months from approval to arrive in the US. Though we could go and leave the house empty to sell. 

[Boiler 44,855]

London has a reputation for being pretty easy on Domicile, now you are  pushing it.

 

Do you have cash savings, well you must have to fund the move.

[WoodlandsFamily 12]

2 minutes ago, Boiler said:

London has a reputation for being pretty easy on Domicile, now you are  pushing it.

 

Do you have cash savings, well you must have to fund the move.

What am I pushing? Showing the assets in a house that will more than cover 5 times the guidelines? Isn't that what I am supposed to show? Yes its my primary residence, is that not allowed either? If I sold it now yes I'd have the money but if I was called for interview within 12 months of the sale they would say the money hasn't been in there long enough? 🤔 I don't feel I can win this one. I don't want to sell up and then get a denial...

[Boiler 44,855]

I can only go by me experience what the I 864 says and others who have gone through the process.

[WoodlandsFamily 12]

4 minutes ago, Boiler said:

I can only go by me experience what the I 864 says and others who have gone through the process.

That's why I am here asking for help. Does it say you can't use assets of your primary residence? I can't see it does? Do they not allow assets through the London embassy?