Help? Sponsor working abroad
Sep 11th 2015, 12:53 am
#1
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Help? Sponsor working abroad
Hi, sorry for the long post - feeling stressed. :cry:
I just realised something which could now lead to us getting denied. my husband makes enough income, in fact he makes ways over but he had only worked a few months until we sent out the package with the employment letter and a few pay stubs so we got a RFE for more documents or a joint sponsor. We decided to send the joint sponsor, his father since nothing more could be sent as he has no assets etc... he works for a US company, currently abroad for 2 years on a project. His home is in the US and so are all his children and wife. His employment letter stated he works for the US company, and his US address is used for the documents. He included all his tax documents from the US to prove his income, etc. The only thing is if they check his passport they will see he has been in the foreign country for most of the year. He is a born US citizen of course.
My worry is that I didn't give them enough evidence his domicile is the US. This is too late to fix as we sent in the RFE package a week ago, we also used a lawyer whose concern was the foreign address on his employment letter, which we fixed and got one from his home office in USA.
Is this letter and his US taxes, and his US home address enough? Am i over worrying....
I just realised something which could now lead to us getting denied. my husband makes enough income, in fact he makes ways over but he had only worked a few months until we sent out the package with the employment letter and a few pay stubs so we got a RFE for more documents or a joint sponsor. We decided to send the joint sponsor, his father since nothing more could be sent as he has no assets etc... he works for a US company, currently abroad for 2 years on a project. His home is in the US and so are all his children and wife. His employment letter stated he works for the US company, and his US address is used for the documents. He included all his tax documents from the US to prove his income, etc. The only thing is if they check his passport they will see he has been in the foreign country for most of the year. He is a born US citizen of course.
My worry is that I didn't give them enough evidence his domicile is the US. This is too late to fix as we sent in the RFE package a week ago, we also used a lawyer whose concern was the foreign address on his employment letter, which we fixed and got one from his home office in USA.
Is this letter and his US taxes, and his US home address enough? Am i over worrying....
Sep 11th 2015, 2:22 am
#2
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Help? Sponsor working abroad
Generally, the joint sponsor isn't required to show domicile in the US... because the joint sponsor must live in the US. More importantly, though he must be living in the US when you enter the US, because that's when the I-864 comes into force.
Yes.
Definitely! They aren't going to check his passport for his travel history. It was included only to show that he's a USC.
Ian
Is this letter and his US taxes, and his US home address enough?
Am i over worrying...
Ian
Sep 11th 2015, 2:26 am
#3
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Re: Help? Sponsor working abroad
Thanks for the reply, however i am still confused. I am currently IN the US and we did the I485, so my joint sponsor is currently out of the US on a temp overseas project. What do you mean he has to be IN the US when i am? 
His US address was used for the forms, and his employment letter was from the US office.
His US address was used for the forms, and his employment letter was from the US office.
Generally, the joint sponsor isn't required to show domicile in the US... because the joint sponsor must live in the US. More importantly, though he must be living in the US when you enter the US, because that's when the I-864 comes into force.
Yes.
Definitely! They aren't going to check his passport for his travel history. It was included only to show that he's a USC.
Ian
Yes.
Definitely! They aren't going to check his passport for his travel history. It was included only to show that he's a USC.
Ian
Sep 11th 2015, 2:27 am
#4
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Help? Sponsor working abroad
I don't feel like researching your past posts. This post you made is very confusing to me. Here's what I can gather from it:
Husband is a USC.
He is currently living abroad (outside the USA).
His wife (you, I assume) and kids live in the USA and have a home there.
It doesn't seem like you are a USC, because it sounds like you're doing a marriage based visa, and if he's the USC, you are not one.
Regardless of whether he meets income requirements or not, you decided to use a joint sponsor, his father.
Evidence of intent to domicile in the USA are things that show him cutting ties to wherever he is now, and establishing ties in the USA. Since we don't know what was sent in, can't comment on that part.
You sent the required information back with the RFE, indicating that you're using a joint sponsor, his father, and included all relevant documents for a joint sponsor's I-864.
Now my questions:
1. What is your and the children's status in the USA, and how did you get there before he returned?
2. When you returned the RFE, did you return it showing using a joint sponsor, or did you intend to indicate that your husband's income is sufficient and will continue from the same source once inside the USA? You've mentioned both in the above paragraph.
3. Am I correct in assuming you're doing an immigrant visa, and that you are the immigrant? And if so, it doesn't seem like you've gotten all the way through the visa processes because you're stuck on the I-864. So the intent to domicile doesn't even come into play yet...that is proven at the visa interview.
4. Sounds like you are currently living in the USA...but how, if you haven't yet received your immigrant visa?
Rene
Husband is a USC.
He is currently living abroad (outside the USA).
His wife (you, I assume) and kids live in the USA and have a home there.
It doesn't seem like you are a USC, because it sounds like you're doing a marriage based visa, and if he's the USC, you are not one.
Regardless of whether he meets income requirements or not, you decided to use a joint sponsor, his father.
Evidence of intent to domicile in the USA are things that show him cutting ties to wherever he is now, and establishing ties in the USA. Since we don't know what was sent in, can't comment on that part.
You sent the required information back with the RFE, indicating that you're using a joint sponsor, his father, and included all relevant documents for a joint sponsor's I-864.
Now my questions:
1. What is your and the children's status in the USA, and how did you get there before he returned?
2. When you returned the RFE, did you return it showing using a joint sponsor, or did you intend to indicate that your husband's income is sufficient and will continue from the same source once inside the USA? You've mentioned both in the above paragraph.
3. Am I correct in assuming you're doing an immigrant visa, and that you are the immigrant? And if so, it doesn't seem like you've gotten all the way through the visa processes because you're stuck on the I-864. So the intent to domicile doesn't even come into play yet...that is proven at the visa interview.
4. Sounds like you are currently living in the USA...but how, if you haven't yet received your immigrant visa?
Rene
Sep 11th 2015, 2:28 am
#5
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Joined: May 2015
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Re: Help? Sponsor working abroad
I am sorry i should have made it more clear... my husband is in the US, i am talking about our joint sponsor who is temporarily working on an overseas project abroad!
I don't feel like researching your past posts. This post you made is very confusing to me. Here's what I can gather from it:
Husband is a USC.
He is currently living abroad (outside the USA).
His wife (you, I assume) and kids live in the USA and have a home there.
It doesn't seem like you are a USC, because it sounds like you're doing a marriage based visa, and if he's the USC, you are not one.
Regardless of whether he meets income requirements or not, you decided to use a joint sponsor, his father.
Evidence of intent to domicile in the USA are things that show him cutting ties to wherever he is now, and establishing ties in the USA. Since we don't know what was sent in, can't comment on that part.
You sent the required information back with the RFE, indicating that you're using a joint sponsor, his father, and included all relevant documents for a joint sponsor's I-864.
Now my questions:
1. What is your and the children's status in the USA, and how did you get there before he returned?
2. When you returned the RFE, did you return it showing using a joint sponsor, or did you intend to indicate that your husband's income is sufficient and will continue from the same source once inside the USA? You've mentioned both in the above paragraph.
3. Am I correct in assuming you're doing an immigrant visa, and that you are the immigrant? And if so, it doesn't seem like you've gotten all the way through the visa processes because you're stuck on the I-864. So the intent to domicile doesn't even come into play yet...that is proven at the visa interview.
4. Sounds like you are currently living in the USA...but how, if you haven't yet received your immigrant visa?
Rene
Husband is a USC.
He is currently living abroad (outside the USA).
His wife (you, I assume) and kids live in the USA and have a home there.
It doesn't seem like you are a USC, because it sounds like you're doing a marriage based visa, and if he's the USC, you are not one.
Regardless of whether he meets income requirements or not, you decided to use a joint sponsor, his father.
Evidence of intent to domicile in the USA are things that show him cutting ties to wherever he is now, and establishing ties in the USA. Since we don't know what was sent in, can't comment on that part.
You sent the required information back with the RFE, indicating that you're using a joint sponsor, his father, and included all relevant documents for a joint sponsor's I-864.
Now my questions:
1. What is your and the children's status in the USA, and how did you get there before he returned?
2. When you returned the RFE, did you return it showing using a joint sponsor, or did you intend to indicate that your husband's income is sufficient and will continue from the same source once inside the USA? You've mentioned both in the above paragraph.
3. Am I correct in assuming you're doing an immigrant visa, and that you are the immigrant? And if so, it doesn't seem like you've gotten all the way through the visa processes because you're stuck on the I-864. So the intent to domicile doesn't even come into play yet...that is proven at the visa interview.
4. Sounds like you are currently living in the USA...but how, if you haven't yet received your immigrant visa?
Rene
Sep 11th 2015, 2:30 am
#6
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Help? Sponsor working abroad
Thanks for the reply, however i am still confused. I am currently IN the US and we did the I485, so my joint sponsor is currently out of the US on a temp overseas project. What do you mean he has to be IN the US when i am?
His US address was used for the forms, and his employment letter was from the US office.
His US address was used for the forms, and his employment letter was from the US office.
So you are doing an Adjustment of Status case. That makes sense now why you are living in the USA.
You can't send anything more regarding the RFE now, anyway. All you can do is wait to see if USCIS sends another one for even more clarification. So no need to stress over this. The case won't be denied, USCIS would just send another RFE if necessary.
To my knowledge, the joint sponsor must be living in the USA. I don't know the exact law on that, though.
Assuming only the front page of his passport for ID purposes was sent in, USCIS would not know the joint sponsor's travel history, and will most likely assume he lives in the USA, since the employment information has a US address.
Rene
Sep 11th 2015, 2:35 am
#7
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Joined: May 2015
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Re: Help? Sponsor working abroad
Thank you for the reassurance. That is quite interesting, as we used his US address, and included his employment letter from the US, unfortunately that states he was temporarily in Australia for a project, he of course filed taxes for the past 3 years which we included. Hopefully they will just accept it.
OK, this clears things up, thank you.
So you are doing an Adjustment of Status case. That makes sense now why you are living in the USA.
You can't send anything more regarding the RFE now, anyway. All you can do is wait to see if USCIS sends another one for even more clarification. So no need to stress over this. The case won't be denied, USCIS would just send another RFE if necessary.
To my knowledge, the joint sponsor must be living in the USA. I don't know the exact law on that, though.
Assuming only the front page of his passport for ID purposes was sent in, USCIS would not know the joint sponsor's travel history, and will most likely assume he lives in the USA, since the employment information has a US address.
Rene
So you are doing an Adjustment of Status case. That makes sense now why you are living in the USA.
You can't send anything more regarding the RFE now, anyway. All you can do is wait to see if USCIS sends another one for even more clarification. So no need to stress over this. The case won't be denied, USCIS would just send another RFE if necessary.
To my knowledge, the joint sponsor must be living in the USA. I don't know the exact law on that, though.
Assuming only the front page of his passport for ID purposes was sent in, USCIS would not know the joint sponsor's travel history, and will most likely assume he lives in the USA, since the employment information has a US address.
Rene
Sep 11th 2015, 3:31 am
#8
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Joined: May 2015
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Re: Help? Sponsor working abroad
After reviewing all documentation, the actual i-693 form has only the US address on both residing and mailing. The employment letter unfortunately has the AUS address on letterhead, but states he is employed from the US office in the text, and that he has been involved in many worldwide projects. His taxes have the US address too.
Thoughts?
Thoughts?
Sep 11th 2015, 1:56 pm
#12
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Joined: May 2015
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Re: Help? Sponsor working abroad
Oh gosh i meant Form I-864, I am getting all the forms mixed up. I will let you all know what happens, hopefully will hear back in about a week now. Thanks for all the answers 
