BecFern008

Hi All

I’m a USC and filed an I-130 petition for my UKC husband in November. I’m busy trying to prepare all of the documents I’ll need if and when this petition is approved and have run into a few snags with the I-864, Affadavit of Support. I have spent hours looking through others queries regarding this form so as not to ask questions already answered but I still have a few lingering queries…

Firstly, our situation. I am sponsoring my husbands, UKC, and my 4 month old daughter is coming, although she is already a dual citizen so I won’t need a sponsor for her. My father is being the joint sponsor as I won’t have enough assets and do not presently have US income. We are going to be moving into my parents old house (my family home) which has no mortgage payments and they just upkeep since the purchase of their new home last year. So technically, we won’t be residing with them as far as household size- we’re going to have a rental contract drawn up as part of the evidence for the intent to domicile. So queries are as follows:

Queries on the I-864 FORM itself:

13. Place of Residence- For my father (Joint Sponsor), this is obvious. But for myself, would this be my home in the USA where we’ll be living once we move or my current residence in the UK where I’ve been residing for the past few years?

15. Country of Domicile- Again, is this the country I INTEND to declare domicile in, e.g. USA??

21. Household size- For those who I’m NOT sponsoring,

(d) Dependent children…”you do not claim them as dependents on your tax returns”- as my daughter was only born in October she wouldn’t have been on any of my previous tax returns but I presume I should still indicate “1” here?

Part 6-
Sponsor’s income and employment-

I read a conversation about someone speaking to the Embassy helpline and they said to list your UK income to suffice the financial needs of the I-864. There didn’t seem to be a final agreement about whether this was appropriate or not so I’m not sure how to proceed. Do I list my current UK income as this will inevitably cease once we leave? Do I list it but also provide the joint sponsor?

This is the link:
http://britishexpats.com/forum/showthread.php?t=480215

Thanks in advance for your help. No sarcastic replies please- I realise some of this may seem pedantic!!!!

Bec

ian-mstm

For each question on each form... 1) take each question at face value; 2) do not ascribe meaning to the question beyond what is plainly written; and 3) do not alter the question to fit your situation.

I'll add #4 also - answer each question based on the day you are completing the form... not based on what will happen in the future - unless you are specifically asked about the future.

Once you take #4 into consideration, all the questions will seem self-evident.

Ian

Noorah101

UK income cannot be used unless the income will continue from the same source once you are inside the USA (for example, rental income or transferring to a US branch with the same company). That's why you need a joint sponsor.

However, you should still list your UK income on the I-864 (if you're still earning it at the time you sign the I-864), because it helps give the ConOff a bigger picture of your scenario. You are employable, you've held a job, most likely you'll do the same in the USA.

So yes, fill out your I-864 with your UK income, even though it won't count. Also provide your joint sponsor's I-864 package.

Rene

jeffreyhy

Recognize that you must show this income in item 25 of your I-864. (You have been filing your US tax returns, yes?)

Regards, JEff

BecFern008

Thanks so much- that's very helpful!!

BecFern008

Yes, I thought so. Yes, I've completed all of my tax returns. Thanks!

BecFern008

I'm sorry but this isnt a particularly helpful response to my questions. It may seem simplistic and straightforward to you, but it isnt the case for some of the rest of us! Questions remain standing..

jeffreyhy

???

Let's take for example your first question re. item #13. Place of Residence. Answer the question that is asked - where do you reside? The question does not ask, 'Where do you intend to reside', as does question #10 on the DS-230. It's really quite simple.

Regards, JEff

Noorah101

This thread might be of some help to you: http://britishexpats.com/forum/showt...ight=I-864+DCF

Otherwise, I agree with the others...just answer the question asked, as it applies at the time you sign the I-864. Chances are your I-864 won't be scrutinized too closely anyway, just enough to see you don't qualify financially, and then the ConOff will turn her attention to the joint sponsor's I-864.

Rene

ian-mstm

Respectfully, yes... it is.


It is simple and straightforward.


Then, respectfully, you have not applied the 4 rules properly... and need to review.

Ian

BecFern008

Can you not just reply without being patronising and condescending? It's really unnecessary.

BecFern008

THank you very much for the help and clarity.

BecFern008

Okay, when you put it that way, it makes far more sense. Thanks very much.

ian-mstm

Many people have found those 4 rules very helpful. If you choose not to apply them, that's entirely up to you... but don't confuse the message with the messenger.

Ian

Roys

we did

13 uk address
15 USA
21 we both think that you do need to count you daughter
As to part 6 mywife a USC put 0$ then her uk amount.

Hope this helps