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Intention to reestablish permanent residence in the U.S.

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Intention to reestablish permanent residence in the U.S.

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Old Nov 22nd 2012, 11:15 pm
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Default Intention to reestablish permanent residence in the U.S.

Hello friends,
I am suffering a bit of anxiety about my husband's visa appointment. We are up against a very tight deadline between his appointment date and when we hope to be back in the U.S. for me to start my new job in early January.
My two main points of concern are:
1. The Affidavit of Support:
Because I have not lived in the States for so long, and do not have any recent tax documentation to provide for my I-864 form, we have secured joint sponsors who sufficiently meet all requirements and we have also provided all of the documentation to show our current income (and income for the past few years) in the U.K. I think this should all be okay, but it still worries me. Has anyone else been in the same boat? Did you have any trouble with this?

2. I do not own property in the United States, so as proof that I intend to return home permanently, I have provided the contract from the job I have accepted and for which we are moving home. My worry about this is that I will be teaching in a school district that can offer employment only at the designated times during the year. As I will be starting mid-year, for the second term of the academic year, my current contract is only for 6 months (January through June), I will then get another contract in the Spring for the following academic year. Will a temporary contract, such as the one I currently have, be sufficient to prove that we intend to return permanently? (I cannot fathom why anyone would go to these incredibly time-consuming and costly lengths if it was not their intention to do so, but I realize that my lack of imagination is hardly a solid point of argument).

Thanks in advance for whatever insight you can offer,
Megan
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Old Nov 22nd 2012, 11:29 pm
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Default Re: Intention to reestablish permanent residence in the U.S.

Originally Posted by MeganB
I think this should all be okay, but it still worries me. Has anyone else been in the same boat? Did you have any trouble with this?
As long as you have a joint sponsor (singular... there can be only one), then your finances are largely irrelevant. Lots of people use a joint sponsor and it is never an issue.


Will a temporary contract, such as the one I currently have, be sufficient to prove that we intend to return permanently?
By itself, the contract (temporary or not), while very good... may not be sufficient. What about proof of having contacted an estate agent in the US? House hunting, or a lease agreement? School info for your child. Remember also that it's not just about your intent to return to the US, but it's also about your intent to wrap up your affairs in the UK. What proof have you got of that? Quotes from moving companies, valuation of your current property, termination letter for current employment, etc.

Ian
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Old Nov 22nd 2012, 11:35 pm
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Default Re: Intention to reestablish permanent residence in the U.S.

Originally Posted by MeganB
1. The Affidavit of Support:
Because I have not lived in the States for so long, and do not have any recent tax documentation to provide for my I-864 form, we have secured joint sponsors who sufficiently meet all requirements and we have also provided all of the documentation to show our current income (and income for the past few years) in the U.K. I think this should all be okay, but it still worries me. Has anyone else been in the same boat? Did you have any trouble with this?
This is very, very common and should not be a problem, as long as the joint sponsor earns enough to meet the income requirements. They must earn enough to cover their own household size plus the immigrant according to the I-864P figures.

I notice you said joint sponsors, plural. There can only be one joint sponsor. If that joint sponsor does not meet the income requirements, that person can use a contributing household member to boost the level of income. But there cannot be two separate joint sponsors for one immigrant. There can only be one joint sponsor per immigrant.

2. I do not own property in the United States, so as proof that I intend to return home permanently, I have provided the contract from the job I have accepted and for which we are moving home. My worry about this is that I will be teaching in a school district that can offer employment only at the designated times during the year. As I will be starting mid-year, for the second term of the academic year, my current contract is only for 6 months (January through June), I will then get another contract in the Spring for the following academic year. Will a temporary contract, such as the one I currently have, be sufficient to prove that we intend to return permanently? (I cannot fathom why anyone would go to these incredibly time-consuming and costly lengths if it was not their intention to do so, but I realize that my lack of imagination is hardly a solid point of argument).
Don't forget that proof of intent to domicile covers not only developing ties to the USA, but cutting ties to the UK. So you could include things like house-hunting, apartment-hunting, quotes from shippers for moving your things to the USA, letters of resignation from you and your spouse (you don't have to turn them in yet, just show them to the ConOff), proof of selling your UK home, or a rental agreement that is coming to an end, etc. If you are going to live with relatives in the USA when you arrive, you can get a letter from them stating such. Many people aren't even asked to show proof of intent to domicile, but it's good to have these kinds of things in hand at the interview, just in case.

Rene
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Old Nov 23rd 2012, 2:36 am
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Default Re: Intention to reestablish permanent residence in the U.S.

Originally Posted by ian-mstm
As long as you have a joint sponsor (singular... there can be only one), then your finances are largely irrelevant. Lots of people use a joint sponsor and it is never an issue.



By itself, the contract (temporary or not), while very good... may not be sufficient. What about proof of having contacted an estate agent in the US? House hunting, or a lease agreement? School info for your child. Remember also that it's not just about your intent to return to the US, but it's also about your intent to wrap up your affairs in the UK. What proof have you got of that? Quotes from moving companies, valuation of your current property, termination letter for current employment, etc.

Ian
Thank you, that's all good advice. I can pull together some of those things. Thanks!
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Old Nov 23rd 2012, 2:38 am
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Default Re: Intention to reestablish permanent residence in the U.S.

Originally Posted by Noorah101
This is very, very common and should not be a problem, as long as the joint sponsor earns enough to meet the income requirements. They must earn enough to cover their own household size plus the immigrant according to the I-864P figures.

I notice you said joint sponsors, plural. There can only be one joint sponsor. If that joint sponsor does not meet the income requirements, that person can use a contributing household member to boost the level of income. But there cannot be two separate joint sponsors for one immigrant. There can only be one joint sponsor per immigrant.


Don't forget that proof of intent to domicile covers not only developing ties to the USA, but cutting ties to the UK. So you could include things like house-hunting, apartment-hunting, quotes from shippers for moving your things to the USA, letters of resignation from you and your spouse (you don't have to turn them in yet, just show them to the ConOff), proof of selling your UK home, or a rental agreement that is coming to an end, etc. If you are going to live with relatives in the USA when you arrive, you can get a letter from them stating such. Many people aren't even asked to show proof of intent to domicile, but it's good to have these kinds of things in hand at the interview, just in case.

Rene
Thanks very much for that. I will make sure that we have some of these additional items at the time of my husband's interview. Great suggestions!
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Old Nov 23rd 2012, 2:43 am
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Default Re: Intention to reestablish permanent residence in the U.S.

Just to follow up on your point--my husband does just have one joint sponsor, and that sponsor does earn sufficiently to meet all requirements.

Thank you for your helpful responses. I really appreciate it!
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Old Nov 26th 2012, 2:33 am
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Default Re: Intention to reestablish permanent residence in the U.S.

If you have had recent income you should have "recent tax documentation", i.e. you should have been filing US income tax returns.

Regards, JEff


Originally Posted by MeganB
My two main points of concern are:
1. The Affidavit of Support:
Because I have not lived in the States for so long, and do not have any recent tax documentation to provide for my I-864 form, we have secured joint sponsors who sufficiently meet all requirements and we have also provided all of the documentation to show our current income (and income for the past few years) in the U.K. I think this should all be okay, but it still worries me. Has anyone else been in the same boat? Did you have any trouble with this?
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Old Jan 8th 2013, 12:48 pm
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Default Re: Intention to reestablish permanent residence in the U.S.

I hope everything is going well for the OP.

I'm in a similar situation if you don't mind me hijacking the thread.When filling out the i-864 my wife (the USC) checked box 1a (I am the petitioner. I filed or am filing....). On the joint sponsor's form, she only checked d "I am the only joint sponsor".

Is this correct, or should either my wife or the joint sponsor check box e "I am the first joint sponsor"? My wife said she is the petitioner as she petitioned the I-130, is this still the most appropriate?

I've looked all over and sorry that I can't figure it out, thanks in advance.
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Old Jan 8th 2013, 3:46 pm
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Default Re: Intention to reestablish permanent residence in the U.S.

Seeing no mention of a second joint sponsor, which would not be allowed in the situation you have described, it appears that the I-864s have been filled out correctly with regard to these questions.

Regards, JEff
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