I-864 questions

[JKF 0]

Hi-

I`ve seen previous posts regarding this topic and am still a bit confused. I`ve been living in japan for the past couple of years and plan to move back with my parents for a short while after my wife`s visa gets approved. On the I-864, do i declare my household size as 4(my parents, wife, and myself) or 2(wife and myself).I`m totally independant of my parents and don`t rely on them for any kind of financial support. I`m assuming that the household size is referring to the US residence, and not my current `temporary` residence in Japan right? I do have assets to meet the 2 household poverty line requirement, but not a 4 household one. I read a previous post regarding a situation like mine, but in my case, I have been living in japan for the past two and a half years.

Also, a petitionor must have a domicile in the US if I`m not mistaken. What kind of evidence is necessary to support this?

And one last question- my wife is a chinese citizen but our marriage took place in japan(shes here on a working visa). Would she be required to go back to China to get a police certificate? Or can she contact the chinese embassy in japan and have it sent here.

Any feedback would be greatly appreciated.

[aussiewench 9]

Info re Domicile

http://travel.state.gov/visa/immigrants/info/info_1328.html#4

[meauxna 15]

Please review the updated DCF Guide for answers to your questions about domicile.

The I-864 is completed as if you were in the US. You may have your parents complete an I-864A to show that their income covers their portion of the household.

[MarsBar 0]

Hi-

I`ve seen previous posts regarding this topic and am still a bit confused. I`ve been living in japan for the past couple of years and plan to move back with my parents for a short while after my wife`s visa gets approved. On the I-864, do i declare my household size as 4(my parents, wife, and myself) or 2(wife and myself).I`m totally independant of my parents and don`t rely on them for any kind of financial support. I`m assuming that the household size is referring to the US residence, and not my current `temporary` residence in Japan right? I do have assets to meet the 2 household poverty line requirement, but not a 4 household one. I read a previous post regarding a situation like mine, but in my case, I have been living in japan for the past two and a half years.

Also, a petitionor must have a domicile in the US if I`m not mistaken. What kind of evidence is necessary to support this?

And one last question- my wife is a chinese citizen but our marriage took place in japan(shes here on a working visa). Would she be required to go back to China to get a police certificate? Or can she contact the chinese embassy in japan and have it sent here.

Any feedback would be greatly appreciated.

Hello,

Sorry I cant help re: the police certificate. My speciality is the United Kingdom.

I believe I might be able to help on the topics of domicile and household size however.

In your case, domicile wont be an issue. All you need to do is show that your presence in Japan is temporary in nature. For instance, are you in Japan on a work or student visa? Have you maintained significant ties to the US? Aussiewench's link to the Department of State's FAQ on Domicile will be most helpful to you in determining where your domicile actually is.

If for whatever reason you feel that your domicile is NOT in the US, please see this post I have just made regarding the topic of domicile for those who have not maintained one in the US: http://www.visajourney.com/forums/index.ph...0&gopid=86962. It may be of help to you in that case.

As far as household size is concerned, I would advise that your household size is two, based on the information you have provided. Your current residence is not at your parents house in the US. Although your domicile MAY still be in the US, your residence is in Japan and has been for the last two years. You have not lived with your parents in quite some time and they do not provide any of your support. Even though you intend on living with them for a short time after you return to the US with your wife - they are not currently a part of your household and should not be considered as such.

Your household size would include yourself, the sponsored immigrant(s) (your wife), and any one living in your household related by birth, marriage or adoption. Also you should include in that figure any dependants in your house and dependants who are not living with you if they are declared as dependants on your tax return. These guidelines are stated in the I-864 Form Instructions, for reference.

Although Meauxna's advice to request that your parents file an I-864A Contract between Sponsor and Household Member is generally correct, I do not believe it is at all relevant to your particular circumstances. They are not part of your household so a the I-864A is not necessary. However, if you did insist on including them in your household, your parents could indeed fill out the I-864A and pledge their income to the support of your wife. Fortunately, I believe its unnecessary for you to do that - it would only serve to create more paperwork and hassle.

I hope this has been of help to you.

Best wishes on your journey,

Sarah

[oldskool 0]

I'm in a similar situation, except perhaps even more confusing. Right now, I'm residing at my wife's house with her two sisters and her parents in Thailand. I've been living here for two and a half years. I'm going back to America to begin a PhD program starting in August. We plan on moving in my father in America until will find an apartment close to the university.

So, do I put that my household size is 6 (me, my wife, her two sisters, and her two parents in Bangkok) where I live right now.

Or do I put a household size of 3 (me, my wife, my father in America where we will move to in a few months)

Or do I put a household size of 2 (me and my wife)

Also, does my stipend as a PhD student qualify as an income? Or does it not, since I won't start getting the stipend until August, but I'm filing the I-864 now?

any help would be great

Hi-

I`ve seen previous posts regarding this topic and am still a bit confused. I`ve been living in japan for the past couple of years and plan to move back with my parents for a short while after my wife`s visa gets approved. On the I-864, do i declare my household size as 4(my parents, wife, and myself) or 2(wife and myself).I`m totally independant of my parents and don`t rely on them for any kind of financial support. I`m assuming that the household size is referring to the US residence, and not my current `temporary` residence in Japan right? I do have assets to meet the 2 household poverty line requirement, but not a 4 household one. I read a previous post regarding a situation like mine, but in my case, I have been living in japan for the past two and a half years.

Also, a petitionor must have a domicile in the US if I`m not mistaken. What kind of evidence is necessary to support this?

And one last question- my wife is a chinese citizen but our marriage took place in japan(shes here on a working visa). Would she be required to go back to China to get a police certificate? Or can she contact the chinese embassy in japan and have it sent here.

Any feedback would be greatly appreciated.

Hello,

Sorry I cant help re: the police certificate. My speciality is the United Kingdom.

I believe I might be able to help on the topics of domicile and household size however.

In your case, domicile wont be an issue. All you need to do is show that your presence in Japan is temporary in nature. For instance, are you in Japan on a work or student visa? Have you maintained significant ties to the US? Aussiewench's link to the Department of State's FAQ on Domicile will be most helpful to you in determining where your domicile actually is.

If for whatever reason you feel that your domicile is NOT in the US, please see this post I have just made regarding the topic of domicile for those who have not maintained one in the US: http://www.visajourney.com/forums/index.ph...0&gopid=86962. It may be of help to you in that case.

As far as household size is concerned, I would advise that your household size is two, based on the information you have provided. Your current residence is not at your parents house in the US. Although your domicile MAY still be in the US, your residence is in Japan and has been for the last two years. You have not lived with your parents in quite some time and they do not provide any of your support. Even though you intend on living with them for a short time after you return to the US with your wife - they are not currently a part of your household and should not be considered as such.

Your household size would include yourself, the sponsored immigrant(s) (your wife), and any one living in your household related by birth, marriage or adoption. Also you should include in that figure any dependants in your house and dependants who are not living with you if they are declared as dependants on your tax return. These guidelines are stated in the I-864 Form Instructions, for reference.

Although Meauxna's advice to request that your parents file an I-864A Contract between Sponsor and Household Member is generally correct, I do not believe it is at all relevant to your particular circumstances. They are not part of your household so a the I-864A is not necessary. However, if you did insist on including them in your household, your parents could indeed fill out the I-864A and pledge their income to the support of your wife. Fortunately, I believe its unnecessary for you to do that - it would only serve to create more paperwork and hassle.

I hope this has been of help to you.

Best wishes on your journey,

Sarah