ehsanbaluch

1st Question

Related to Residency Requirement


I have a question about proving my US Domicile and intent to live in the US: How do I do it?

I was born and raised in the US till the age of 10,came back (1993) to pakistan due to my father posting (working in a bank), since then i am here and have been studying the last 10-12 years.. Married in Jan 2004 and now i have 2 daughters, beside that i had always having the intention to move back to the US.My family has been here with me (they are all USCs as well except my mother (cant speak english)) my two brothers and sister in law are living in usa , The thing is,

I filed the immigration paper (I-130 and G325a) for my husband and our daughters at a us consulate Islamabad (nice & cooperative). The case is approved and they given a case no for each applicant (3 petitions).But we didn't got the receipt and approval of the case (I 797C Receipt Notice & Approval Notice). Just got the letters from the embassy with the packet 3.5.

Now i ve to fill the DS 230 (part I and II) and I-864

but now am worried about the I-864, where it says you must have a US Domicile. The last time I was actually living in the US, I was a kid and living with my parents, and have never had my own residence there, or a job or anything like that. What I do have is:

A US passport
A US social security number


My big bro is willing to be the joint sponsor and we are planning to stay at his house for some months (till we lease another house or find a job).

Planning to open a joint account with my bro (Is is possible to open an account while u r not is usa?).

OR should i go back to usa to fulfill the residency requirment.


When I go back to the US, I am planning to study some more, (which in itself would prove my intention to reside in the US, but I won't have an acceptance letter or anything until after I have to file the I-864), get a job and rent somewhere to live..




2nd question

Related to Affidavit of suppo

I dont ve any income, my husband is working and we ve some saving (cash,gold and some property worth aroung 18000 $).

Now i ve to fill the I864 for my husband and I864W for my daughters.

I am confused like how should i count the numbers of heads (person)
like what would be the required level in my case

My self = US citizen
My spouse
My 2 daughter (Iam using I864W for them , guess its the right 1).


My big bro is willing to be the co sponsor and his case is like

He applied for his wife and she got the Greencard almost 2 and half year back
and since then living in usa.

They had a baby born in usa

Now they are total 3 person

If hes going to be the co sponsor how should be the person counted

like in my family we are total 4 person and his total 3 person


Waiting for the reply and kind advice

thanks

ian-mstm

You do *not* need US domicile. However, you must demonstrate your *intent to establish* US domicile. Have you filed US tax returns? Do you have an address where you will be living or have you made enquiries about it? Have you made enquiries into getting the children into a school? These all demonstrate your intent. If all else fails, once you (the USC) arrive in the US, the question of domicile becomes moot as, in that moment, you clearly prove your intent to domicile in the US.

With respect to the tax return, you likely don't have to pay any US taxes, but you will be required to file the most recent 3 years' worth of returns... even if you don't qualify financially for the I-864. You *are* your husband's sponsor.


If your brother is willing to be a joint sponsor, he would count the number of people is *his* household (=3) plus your husband (=4), but not your children (who will become US citizens as soon as they enter the US).

Ian

meauxna

The reason you didn't get the 'normal' NOAs (I-797Cs) is because you filed at the Consulate instead of through a USCIS SErvice Center.

Your process is informally called DCF/Direct Consular Filing by the online community (not the Consulates or anyone official).

You can read more about it in my signature link, but it looks like you are doing fine following their instructions.

If you have not heard of it before, do a little reading on Administrative Processing; it will be mandatory for a male IV applicant in Pakistan and lasts an indeterminate time.

ehsanbaluch

Thanks Ian and Meauxna,

I really appreciate the kind of works you guys doing. You ppl are doing a great job and you know after reading the reply and the signature link of "Meauxna"about DCF my life becomes easy... Once again thanks alot..


well as you guided i want to clear some points

How can i show my intent to establish the US domicile at the US embassy

1. Like i never filed the US taxs return (coz i dont ve any job or earining

2. Well i ve an address where i intent to live (my brother house) atleast for 2 month till my husband get a job or move to another city.

3. well my daughters are still so young to be admitted, the elder one is 4 years old and the younger one is 2 years old. I checked on internet and found that most of the US schools admit at the age of 5.... Any advice or recommendation from you ?

4. how can i filled the recent 3 years worth of returns.. what is the procedure..
(i dont ve any earning, Only my husband is working)


Waiting for the reply


Thanks

ian-mstm

You are not obligated to disclose that the address is temporary, so this is good.


Well then, daycare - whether you actually use it or not. You really do need to start thinking more creatively. Your intent to domicile in the US is also helped if you can demonstrate your intent to *give up* domicile in Pakistan.


It is quite common for US citizens living abroad to not file tax returns. Start at www.irs.gov. You might also want to contact the consulate in Islamabad and find out if they can help... they probably can.

Ian

AlanR

Have I missed something?
Isn't this sufficient for the OP to get into the US? I know it's a different situation for the rest of the family.
I must have missed something here....

Noorah101

The OP is a USC and can get into the USA whenever she wants. However, in order for her UK husband to qualify for his Immigrant Visa, the OP must demonstrate the intent to domicile in the USA (right now she lives in Pakistan). A US passport and SSN alone are not enough to prove her intent to domicile in the USA.

Rene

AlanR

Many thanks. I realized that it may revolve around the relatives but I was confused by the start...