Targaff

Evening MBVers,

The processing date for our DCF app is fast approaching and I'm a little concerned, having carefully read the FAQ on domicile, about whether or not my wife's going to be eligible to act as the primary sponsor. I suspect that the length of time we've been in the UK means that she won't be considered to have maintained residence (especially given my own residency was considered lapsed), and I'm worried that our circumstances mean we won't be able to convince the Embassy of that. Of the points they suggest, my wife is intending to study and has applied for positions, though currently we don't know whether she's been accepted; we have assured accommodation because we're moving to her parents' place; and we've not yet been able to register our kid at a school because they're so rammed. As for employment, I was intending to look last time I was in the US until sorting out the residency mess took over in the priority stakes... as for the abandonment point, notice has been given to both employer and landlord here in the UK, but both are verbal.

While it's certainly our intention to re-establish residence, the only thing I can think of to prove it is to obtain letters from the landlord and employer, and also a letter from her parents confirming that we will be staying there (although they're also hopefully going to be joint sponsors). Are there any other suggestions, perhaps of things other applicants have done, to strengthen that aspect?

Also, i note from meauxna's sig link the point on US-based income, which we of course have none of. Am I right to assume that the household income should therefore be declared as nil? My confusion arises from the fact that that income has of course been declared for tax purposes, so the tax returns that accompany the application would indicate that the income was not nil. Do they need that spelling out explicitly?

Cheers as always,

Graham

Noorah101

A few good indicators that your wife is still domiciled in the USA are, having a valid US address (yes, her parents' address), having a US bank account, filing US taxes, being registered to vote in the USA, and having a US drivers license or State ID.

If neither you nor your wife's income will continue from the same source in the USA (which is seems it won't, right?) then you'll need her parents to be joint sponsors...unless you have enough in assets (savings/property) to qualify for the I-864.

I would go ahead and list what you and your wife's current income is on the I-864, you can't say zero if you're still earning income when you turn in the I-864. The officer will probably ask you if that income will carry over to the USA, you will say no, and produce either proof of assets or an I-864 from a joint sponsor to satisfy the requirements.

Best Wishes,
Rene

meauxna

hiya Graham,
A USC can in fact be outside the US for years and not loose 'domicile' so don't discount yourself just yet.
London is particularly forgiving and doesn't require the USC to go home ahead of the immigrant.

One thing your wife could do is to write up all of the info you have got and include it as an attachment to her I-864. I did something like that, to explain some of the points you mention.

And you know, on the income, I have seen people say they did it either way. London used to instruct you specifically to YES include your UK income, but that isn't on the website anymore.
The CO can always help you change anything like that at the interview if they want it a different way. And, you get a chance to explain yourself if you have any confusion/questions.

But, the income is not going to 'count' toward your support. Showing the income is good because it demonstrates that you (either of you) *can* earn at a certain level--ie, it's an indicator of future performance. But for the bottom line numbers you need US income, assets (from either or both of you) or a Joint Sponsor.

ian-mstm

Your wife *is* your primary sponsor... she must be, whether or not she qualifies financially. I'm sure you were thinking "financially"... but terminology is important. Good luck to you.

Ian

Targaff

Yes, I did specifically mean the financial aspect (because we do have the joint sponsor, but she needs to meet financial requirements herself). Terminology's always my bane...

Thanks for the replies, everyone, I'm at work currently so will consider them this evening.

ian-mstm

But this is the point... while she *is* your sponsor because she is the USC, she does *not* need to meet any financial requirements herself as long as she has a joint sponsor lined up. Perhaps I wasn't as clear as I could have been.

Ian

Targaff

Well, while she is obviously the sponsor, what I was getting at when I said "eligible" is whether or not the Embassy will consider her an acceptable sponsor based on the evidence we are able to submit. The question on inclusion of income was related insofar as it could well influence that point (especially since the income would otherwise be zero) but it was really somewhat tangential to the main issue.

I'm not actually concerned about meeting a financial requirement because we will be able to do that with the help of the joint sponsor, but if she is not deemed resident or returning in the first place because we're unable to satisfactorily prove either point, then the application would needs fail, irrespective of the joint sponsor.

ian-mstm

She needs only to demonstrate (not prove) the *intent* to become domicile in the US. This can be done by showing that she has maintained (or now intends to maintain) ties to the US... filing tax returns, having a residence, kept a US drivers license, etc. As a point of law (if I correctly remember Mr. Folinsky's post), she absolutely demonstrates domicile the moment she returns to the US, so even if she returns to the US ahead of you, domicile is no longer an issue.

Ian

meauxna

G,
just detail as much as you can; there is no one set of documents to present since everyone's situation is different. Almost all overseas filers struggle with this bit, but I have yet to read of one person's case being delayed for more evidence, or the USC sent home ahead of the immigrant.
You ARE going back, you HAVE done things consistent with that. Show 'em what you've got.

Maybe employer and landlord would write a short note, detailing your conversation? We did that with a landlord. Oh, you said that--yes!
What about voting? It's sort of a big deal this year. She can vote from overseas.
Has she got a US Driver License? Any US investments? Bank account? Vehicle? Meetings? Networking she's done?
And she can always include a personal statement as an attachment to the I-864.

BritishGuy36

Hi Targaff

For more info on this I asked the same question a month or two back:

http://britishexpats.com/forum/showt...=512829&page=1

Also my thread over at VJ:

http://www.visajourney.com/forums/in...owtopic=102068

Others have noted that you CAN purely use ONLY assets on your I-864. Why would you include income that will not continue once you are in the US? You are told specifically on the I-864, in the destructions, that you can't count that.

I too was worried about domicile (and still am, a little bit).

I-864, page 6, item 15C:

"You intend in good faith to reestablish your domicile inthe United States no later than the date of the intendingimmigrant's admission or adjustment of status."

Problem for me is I don't plan to do any of the things they mention there....enrolling kids in school, buying/renting property, etc.....I mean why would you, until your visa is approved? Catch 22.

I plan to try and open a bank account, get the missus' Photo ID renewed (it's expired), and get a letter from her parents stating we will be living with them.

meauxna

But you are not the one who needs to answer to those statements; your USC spouse is.
She can not answer 'yes' to the bolded question?

BritishGuy36

Yeah ok I phrased that badly.

I should have said "we", and "why would my wife do any of those things until my visa is approved"?

Is that ok?

Targaff

(I thought I was supposed to get reply notifications for these threads?!)

Thanks again for the replies. Regarding the I-864, we've actually put earnings on and put it together already, I'm a bit loathe to go back and change it now but I suppose it's only reprinting a couple of pages...

As for the question of intention to reestablish domicile, it wasn't our intention to go to the interview together, but I wonder in the circumstances if it might not be a good idea, just so she can confirm herself in person that she's returning. At this point I'm pretty much going to take what we've got and hope it's good enough - although unfortunately our landlord's agents have been closed down due to embezzlement (!) so they've not been much use in providing supporting docs!!

Noorah101

I've heard that lately they are not allowing the USC spouse to attend the interviews.

Rene

Lucy1979

Hi,
We are going through the same thing - we had our interview in London (we both 'attended', i.e. stood together outside the bullet proof window). We had to prove:
1. intention to redomicile - print out copies of your wife's student applications to show intent, include letter from your parents, of if people are renting print out emails showing that you have contacted estate agents; make sure USC taxes are up to date etc.
2. assets - these need to be either cash or property ownership. It was our impression both need to be satisfied to pass the i864.
Include a cover letter signed by the USC stating intent and referring to enclosures.
Good luck!