powpow13

Hey @Ben Dover,
 
You are correct, you'll have to submit your I-864 after your I-130 petition was approved and your case has been sent to the NVC (National Visa Center). They will get in touch with you to let you know to pay the necessary fees and start your wife's DS-260 form online. I-130 petitions have been taking at least a year to be reviewed and approved (on average--of course there are going to be petitions that take longer or less time than others); so, if you filed your petition in May 2024, it's likely that your I-130 will be approved after May 2025. Once again, barring any requests for evidence or other delays. 
 
In case you have to submit your I-864 before you have that full year under your belt, there are other ways you can prove your income: your tax returns are one way, but you can also show your paystubs for the last several months, a letter signed by your employer (stating your occupation, your income, and how long you've been there), any other assets you might have (bank accounts, saving accounts, CDs, etc.), etc. etc. You can use the salary your employer discloses in their letter as your current income, and then simply disclose the amount on your tax documents where it says "My total income [...] as reported on my Federal income tax returns for the most recent three years was etc. etc." Don't forget you can also use the last page of the I-864 to explain why your last year's income was not as high as the previous years.
 
Hope this helps, and best of luck to you both!

Hey @ArtUK,
 
No worries--in fact, sorry it took me a bit to respond to you. I work as an immigration law paralegal and, as you can imagine, it's been a busy period! Hope you're all settled and no longer jet-lagged. 
 
I researched the issue online and it seems your wife can qualify, but it's going to be difficult. All of those documents you listed, such as her travel receipts, photographs of her in the United States, driver's license, bank accounts, tax returns, they're great evidence that she hasn't abandoned her domicile in the United States. If you can include evidence covering the entire period she lived overseas, that would be best. Even better if she owns property, perhaps has a storage unit, or a permanent mailing address in the U.S. Include also the docs Lil bear listed above, such as any future jobs, residence lined up, schools your kids are enrolled in for the future, anything at all that shows your wife is intent on living in the United States. I would also suggest a letter, written and signed by your wife, that explains the reasons why she lived in the UK for so long--family obligations, difficult & slow immigration process, perhaps even some health or family issues, etc.--but that she still considers the United States her primary domicile and she's working on living full-time in the States. 
 
Here are some resources I found about proving her domicile in the U.S., hopefully they will help:
https://www.boundless.com/immigration-resources/prove-domicile-form-i-864/
https://www.immigrationhelp.org/learning-center/proof-of-us-domicile
https://citizenpath.com/proof-of-domicile-i-864/
https://www.novacredit.com/resources/proof-of-domicile
 
The biggest factor in your case is that your wife has been living in the UK for the past four years, so you'll have to work hard at showing that she never intended to abandon her domicile and the plan was always to come back and live together in the U.S. My recommendation would be to have an extra I-864 ready from one of her family members, just in case; CEAC *sometimes* lets you know why a certain document has been rejected and, if they find issues with the affidavit, you have the opportunity to supplement it. (Plus, the joint sponsor doesn't have to show all the stuff your wife does; they can just show their tax return, passport, and driver's license, with maybe a few paystubs and utility bills if necessary). Be prepared, as the Department of State and USCIS has been particularly strict with affidavit of supports recently. 
 
Hope this helps. Let me know if you have any issues with CEAC!

Hey @ArtUK,
 
The issue is not that your wife receives income in the UK, it's that the Sponsor MUST be a full-time resident of the United States (even if qualifying with assets). You can see this on the USCIS website here, under "Sponsor for Affidavit of Support": the requirements are that the Sponsor must be at least 18 years old, a USC, and living in the United States. The only exception is "If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States." In this case, it might be difficult for your wife to prove she's only in the UK temporarily as, from what I understand, you have been there since 2020/she might not have a domicile in the United States anymore.
 
The easiest option is to have a member of her family, someone who resides full-time in the United States and can prove that (with US tax documents, paystubs, driver's license, utility bills, anything that proves they have been residing in the United States for some time). Of course, they'll have to prove they're also a United States citizen, i.e. show a scan of their passport. Even if you transfer your assets to the US, your wife would have to prove her residence like this as well, which is why I think it might be easier for you both to ask another USC to be your sponsor. 
 
I hope your family members will be able to assist, and I'm wishing you both the best of luck!

Hey @ArtUK,
 
The issue is not that your wife receives income in the UK, it's that the Sponsor MUST be a full-time resident of the United States (even if qualifying with assets). You can see this on the USCIS website here, under "Sponsor for Affidavit of Support": the requirements are that the Sponsor must be at least 18 years old, a USC, and living in the United States. The only exception is "If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States." In this case, it might be difficult for your wife to prove she's only in the UK temporarily as, from what I understand, you have been there since 2020/she might not have a domicile in the United States anymore.
 
The easiest option is to have a member of her family, someone who resides full-time in the United States and can prove that (with US tax documents, paystubs, driver's license, utility bills, anything that proves they have been residing in the United States for some time). Of course, they'll have to prove they're also a United States citizen, i.e. show a scan of their passport. Even if you transfer your assets to the US, your wife would have to prove her residence like this as well, which is why I think it might be easier for you both to ask another USC to be your sponsor. 
 
I hope your family members will be able to assist, and I'm wishing you both the best of luck!

I believe sponsor can be LPR too

Hey @ArtUK,
 
The issue is not that your wife receives income in the UK, it's that the Sponsor MUST be a full-time resident of the United States (even if qualifying with assets). You can see this on the USCIS website here, under "Sponsor for Affidavit of Support": the requirements are that the Sponsor must be at least 18 years old, a USC, and living in the United States. The only exception is "If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States." In this case, it might be difficult for your wife to prove she's only in the UK temporarily as, from what I understand, you have been there since 2020/she might not have a domicile in the United States anymore.
 
The easiest option is to have a member of her family, someone who resides full-time in the United States and can prove that (with US tax documents, paystubs, driver's license, utility bills, anything that proves they have been residing in the United States for some time). Of course, they'll have to prove they're also a United States citizen, i.e. show a scan of their passport. Even if you transfer your assets to the US, your wife would have to prove her residence like this as well, which is why I think it might be easier for you both to ask another USC to be your sponsor. 
 
I hope your family members will be able to assist, and I'm wishing you both the best of luck!