I-864 - is husband domiciled in US?

[Pari 0]

Hello,

Can anyone shed some light on this problem? We are in our final stages of K-3 visa (yay!) but it looks like we might get turned down (noooo!).

Here's why: I recently had a baby (yay!) so husband came from California to be with us. Now he wants to stay until I get my visa (possibly very shortly). Okay... since he has to fill out the I-864 and prove his domicile is in US, this is where the problem lies. Will we be rejected because he is in Canada now? I mean, he's only visiting, but what does the NVC require for us to prove he is living in the US?

All his personal effects are at his mother's house in Cali (she's also his co-sponsor) and he is receiving mail there. Other than that, he left his job (Leave of Absence) and has no major assets (such as a house).

Should he go back to the US, take his job back/get an apartment, etc? Or will the NVC understand that we had to be together for the birth of our child and make an exception?

Thank you!

[YuAndDan 153]

If you are talking about K-3, that visa uses I-134 NOT I-864. I-134 has no domicile restriction.

CR-1/IR-1 and Adjustment of status in the USA (I-485) use I-864. The I-864 is used for the Green-Card.

From: 9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS (The foreign Affairs Manual used by all consulates)

  Quote

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

[Nutty 2]

  Pari said:

Hello,

Can anyone shed some light on this problem? We are in our final stages of K-3 visa (yay!) but it looks like we might get turned down (noooo!).

Here's why: I recently had a baby (yay!) so husband came from California to be with us. Now he wants to stay until I get my visa (possibly very shortly). Okay... since he has to fill out the I-864 and prove his domicile is in US, this is where the problem lies. Will we be rejected because he is in Canada now? I mean, he's only visiting, but what does the NVC require for us to prove he is living in the US?

All his personal effects are at his mother's house in Cali (she's also his co-sponsor) and he is receiving mail there. Other than that, he left his job (Leave of Absence) and has no major assets (such as a house).

Should he go back to the US, take his job back/get an apartment, etc? Or will the NVC understand that we had to be together for the birth of our child and make an exception?

Thank you!

As long as he receives his mail at his mother's apartment (lists this address as his permanent address) and is on a temporary leave of absence from work that should be fine.

[Pari 0]

Hello,

Thank you both for your information! That was very helpful

Actually YuAndDan, we have no idea what the difference is; we submitted our I130 and I-129f and are just flying by the seat of our pants. We received an I-186 in the mail, so I guess we are applying for a CR1/IR1? I have no clue how we got to this point, but thankfully, here we are!

Ciao.