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I-864 & Re-establishing domicile in USA?

I-864 & Re-establishing domicile in USA?

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Old Aug 20th 2014, 10:36 pm
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Default I-864 & Re-establishing domicile in USA?

Hi Guys,

The medical is now booked for the 29th,

We are now completing the dreaded Affidavit of support form (I-864) and getting all supporting documents relate to re-establishing US domicile?

Background info:

A cousin of mine has agreed to join sponsor me.

My wife(USC) is a stay at home mum only works part time through an agency, working only when called upon. Her very small income will end when we finally move to the states.
I understand that as the main sponsor, she will have to completed I-864; so, the following are my questions:
1. Part6.Sponsor's Income and Employment item 5 (My current individual Annual Income is:
We are not able to work out her annual income as her pattern of work is not regular; could we just estimate her annual income?

Also, item 6.a,b&c Asks for "income you are using from any other person ....",i believe we have to put my income (husband) but It is not clear whether i have to include proof of my income?
2. does she also has to provide her US tax returns? if so, is it relevant since we we already have a joint sponsor?

Re-establishing US Domicile:

I am very nervous about this one and really want to get it right.

The following is what we are thinking of getting to prove that we intend in good faith to re-establish our domicile in the states:

1. my parents have agreed to let us live with them until we find our own place, would a signed letter from them confirming this be good enough?
2. we will be looking to ship a number of personal possessions to the USA and will be getting quotations from various shipping companies (could someone please suggest a good one?)
3. we will also get a notice to vacate our rented house from our estate agent
4. we will be selling our car and other household stuff ( will gumtree, fb, local paper adverts be acceptable as proof)?
5. I am looking to start job hunting in USA ( will email correspondences be acceptable as proof)?

Could you please advise if these steps will be enough and if there is anything else we should consider?

Again, Many thanks for all your help and very sorry for the long dissertation..
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Old Aug 20th 2014, 11:29 pm
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Default Re: I-864 & Re-establishing domicile in USA?

1. Yes, guess her average income. No, don't need to include yours.

2. Yes, she should include her most recent 3 years of US tax returns, if she earned over the required threshold of income. If she's working part time, she might not have met that level required for filing. Details are at Internal Revenue Service.

3. Yes, those items you listed are good. Include proof that she's leaving her job, too, or proof of her job hunting in the USA, if that applies.

Rene
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Old Aug 21st 2014, 9:54 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by Noorah101
1. Yes, guess her average income. No, don't need to include yours.

2. Yes, she should include her most recent 3 years of US tax returns, if she earned over the required threshold of income. If she's working part time, she might not have met that level required for filing. Details are at Internal Revenue Service.

3. Yes, those items you listed are good. Include proof that she's leaving her job, too, or proof of her job hunting in the USA, if that applies.

Rene
Great,

As always Thanks Rene for your advice.

I've got to admit, it would be difficult to get proof of both of us leaving our jobs, as we are planning to hand in our notices as soon the visa is approved not before!
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Old Aug 21st 2014, 10:22 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by DougyFresh
Great,

As always Thanks Rene for your advice.

I've got to admit, it would be difficult to get proof of both of us leaving our jobs, as we are planning to hand in our notices as soon the visa is approved not before!
You only have to show the prepared letters at the interview. You can give them to the employers whenever you want.

Rene
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Old Aug 21st 2014, 10:24 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by DougyFresh
I've got to admit, it would be difficult to get proof of both of us leaving our jobs, as we are planning to hand in our notices as soon the visa is approved not before!
Not really... write the letters of resignation now! There's nothing that says you actually have to submit the letters to your employer before you use them as proof for US immigration that you do, in fact, intend to resign. So... think outside the box - and keep in mind that this is all about intent.

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Old Aug 24th 2014, 8:10 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Many Thanks again for the clarification Ian&Rene, very helpfully as always.
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Old Sep 20th 2014, 8:47 pm
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Default Re: I-864 & Re-establishing domicile in USA?

1. Part6.Sponsor's Income and Employment item 5 (My current individual Annual Income is:
You mentioned your wife as the sponsor has a part time job. I assume that you are both in the UK and would be giving up employment when you get the visa and move to USA?
Surely sponsor's income and employment refers to employment in the USA? Why would they care what job you have now if you will be giving it up? Surely they want to know income that can be used to support you in future when you get to the USA? Please corret me if I'm wrong!
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Old Sep 20th 2014, 9:03 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by mattj74
Surely sponsor's income and employment refers to employment in the USA? Why would they care what job you have now if you will be giving it up? Surely they want to know income that can be used to support you in future when you get to the USA? Please corret me if I'm wrong!
The I-864 doesn't distinguish between simple income, and income used specifically to qualify as a financial sponsor. You are correct that her UK income can't be used to qualify for financial sponsorship but, as the USC spouse, she must complete an I-864... which specifically asks for income. That the income can't be used for financial sponsorship is largely irrelevant.

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Old Sep 21st 2014, 4:18 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by mattj74
You mentioned your wife as the sponsor has a part time job. I assume that you are both in the UK and would be giving up employment when you get the visa and move to USA?
Surely sponsor's income and employment refers to employment in the USA? Why would they care what job you have now if you will be giving it up? Surely they want to know income that can be used to support you in future when you get to the USA? Please corret me if I'm wrong!
Hi Mattj74, yes she is currently working part time and we will all be giving up our jobs when we move over to the states.

I believe, Ian has rightly answered your question, please free to ask if you have further clarification


Thanks
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Old Sep 21st 2014, 5:52 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by mattj74
You mentioned your wife as the sponsor has a part time job. I assume that you are both in the UK and would be giving up employment when you get the visa and move to USA?
Surely sponsor's income and employment refers to employment in the USA? Why would they care what job you have now if you will be giving it up? Surely they want to know income that can be used to support you in future when you get to the USA? Please corret me if I'm wrong!
You are wrong. The I-864 needs to be filled out as your employment situation is on the day you sign the I-864. So if you are working in the UK, you list your UK employment and income on the I-864.

Future income cannot be used to qualify financially, and there is no place on the I-864 to list future income.

If one does not have current income or assets to qualify financially, a joint sponsor can be used.

Rene
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Old Sep 21st 2014, 6:14 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by Noorah101
The I-864 needs to be filled out as your employment situation is on the day you sign the I-864. So if you are working in the UK, you list your UK employment and income on the I-864.
What would your status be if you had already resigned at the date of signing, but were still working through the final month notice period?
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Old Sep 21st 2014, 8:13 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Originally Posted by lander91
What would your status be if you had already resigned at the date of signing, but were still working through the final month notice period?
You would be employed. You are employed until you're no longer employed... and resignation points to a future status, not a current status.

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Old Sep 21st 2014, 8:18 pm
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Default Re: I-864 & Re-establishing domicile in USA?

Brilliant, thanks for the clarification.
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