BecFern008

HI All

We're just about the begin the whole visa process.. I'm a USC and married to a UKC. I've been a perm resident here since November 2009 (lived here since Oct 2009) and now we want to move back to the states. I've been reading tirelessly through all of the websites and links offered on here but am a bit concerned about the affadavit of support.

It states on the FAQ on the Embassy website-

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

So does this, in essence, mean that I can't be the sponsor even once I secure a job? Would my parents have to be our sponsor for these purposes? I thought as long as I could prove I'd have the financial capability of providing for us?

Any advice/help would be greatly appreciated.

Thanks!
Bec

Noorah101

Hi Bec, Welcome to BE.

If you are living in the UK, you are allowed to show "intent to domicile" so that you can do an I-864 affidavit of support there in the UK. However, there are 2 issues. Once is showing intent to domicile (proof that you intend to move to the USA and make it your permanent home), and also financially meeting the income level. If you don't have US based income, or income that will continue from the same source, or enough in assets, then you can use a Joint Sponsor. If your parents live in the USA, you can have one of them be a joint sponsor.

Now that you know the phrase to research "intent to domicile", do a little more digging, I'm sure you'll come up with some good suggestions on what to do. I believe it's also discussed in our DCF Wiki Guide.

Rene

BecFern008

Thanks for this. I'm still concerned. The Embassy website hardly mentions being eligible for the "intent to domicile" and what it does mention insinuates that its not recommended to use this option.

I've checked out all of the forms of proof and am still not consoled.

I wouldnt want to terminate my employment until i was 100% sure we were going to be granted the visa so getting a letter from my employer indicating this wouldnt be an option.
I already have a house sorted as it is my family house so this is OK (my parents moved but have kept this house running for us to move in to).
I can provide proof of job searching closer to the time.

As far as the joint sponsor, I find this confusing as it says when doing this both parties still need to be resident, in which case I wouldnt be eligible to be part of the joint sponsor even if my parents helped? I find the Embassy information very difficult to wade through!

Apparently the London Embassy are tightening up on their restrictions so I'm a nervous wreck at having our applicationr refused after putting up so much money!

ian-mstm

That's because the web site is not the law... and the law allows for intent to domicile. Realize that the I-864 does not come into effect until the day your spouse enters the US. Your spouse can't enter the US unless you accompany or precede said spouse into the US... so, therefore, when the I-864 comes into effect the issue of domicile becomes moot (because in that moment, you will be in the US). US immigration, however, wants everything set up in advance so that on that day, there is no question of who is financially responsible.


The law is on your side!


Have you considered writing a letter of resignation and including that as proof of your intent to leave the UK? You don't actually have to give it to the employer, and the US government certainly isn't going to check.


As the USC spouse, you MUST be the sponsor. There is no option for you not to be the sponsor... even if you don't qualify financially. It would really help if you posted the specific links you're looking at, so that we can get an idea of what it is that's confusing you.


And that's why we're here... to help you separate the wheat from the chaff!

Ian

Noorah101

I would rely more on what recent posters here have done for the DCF process, and not so much on what the US Embassy website says in this case. Fact is, people consistently show intent to domicile and it works for them. London allows it, even if they don't advertise it on their website.

And it's totally fine for any USC or US PR, living in the USA, age 18+, to be a Joint Sponsor. So no need to worry about that, either. And as Ian points out, you WILL be resident in the USA when it comes into effect....and you are showing that to the ConOff by giving the proof of such intent.

Rene

jeffreyhy

9 FAM 40.41 N6.1-2 Establishing U.S. Domicile

There is a list of actions that a person could be taking that demonstrates intent to establish US domicile. Not that this of possible actions, not a list of requirements. Examine your own situation. What is on your personal 'to do' list for ending your stay in the UK and taking up residence in the USA? As you work through that list document what you are doing.

Regards, JEff

BecFern008

[QUOTE=ian-mstm;9547222] Have you considered writing a letter of resignation and including that as proof of your intent to leave the UK? You don't actually have to give it to the employer, and the US government certainly isn't going to check.

Thanks for this but I wouldnt feel comfortable doing that!!! I could get into heaps of trouble!

My dad will be the joint sponsor so that should help things a bit.

One other question (I'm not sure if anyone here can answer this). My parents bought a new house so we'll be moving into the family house, where I grew up. We're not going to put the bills or anything in our name until we're officially moved back but I didnt know if it was better to:

a) Have my parents draw up a rental contract for the property as evidence and have it notorised for authenticity to show we are financially capable of paying rent OR

b) Since my Dad's the joint sponsor, have him indicate we're living "with them" since the deed/bills etc are all in their name.

Any ideas? Thanks for your help! Bec

BecFern008

Quote:

Originally Posted by jeffreyhy

9 FAM 40.41 N6.1-2 Establishing U.S. Domicile

There is a list of actions that a person could be taking that demonstrates intent to establish US domicile. Not that this of possible actions, not a list of requirements. Examine your own situation. What is on your personal 'to do' list for ending your stay in the UK and taking up residence in the USA? As you work through that list document what you are doing.

Regards, JEff

Thanks for this, Jeff! After some googling, I was able to locate this document. I'll have a read through it and report back if I'm still confused

Bec

ian-mstm

Trouble from whom? Not from the US government, that's for sure!


It'll certainly help with the I-864... but it doesn't help at all with respect to your intent to domicile.


You seem to be caught up in the $$ aspect of things. It's not about money. If your dad is going to be your joint sponsor, your finances becomes mostly irrelevant.

That said, it's a great idea to have your parents draw up a rental contract that you sign. Don't bother getting it notarized. If you actually signed a rental agreement with some landlord not related to you, it wouldn't need notarizing to be considered legal and authentic.


Given the two choices presented, this isn't the good one... since, from what you've written, it's clearly not true

I understand that you've got a lot of stuff to wrap your head around, and it'll take time to understand the nuances of immigration... but no one here - me included - is going to deliberately give you questionable or misleading information.

Ian

jeffreyhy

I should have written, 9 FAM 40.41 Notes, N6.1-2. It probably would have helped you find it faster. Sorry about that, but I'm glad you did find it.

You will find a lot of valuable information in 9 FAM Sections 40, 41, and 42, it's a great resource.

Regards, JEff

BecFern008

Thanks Jeff!

The baby is due in 5 1/2 weeks so once we sort out her UK and US passports in Oct/Nov, we'll filing our I-130 petition for my husband straight away to get the ball rolling, particularly in light of recent announcements that it could take a min of 10 months to process the full visa!

So I'm sure I'll be back in a few months time with more questions! Thanks again!

rpjs

Don't forget that you don't have to finalize the I-864 and intent to re-domicile issues when you submit the I-130: they only come into play at your spouse's interview, which as you note is some months down the line.

britishspouse

could be faster We werent DCF, but we were done in 7 months 21 days Recent DCF cases seem to be similar too, 6-8 months, so you could well be done faster.