ehsanbaluch

Good Day


My wife a US Citizen (by birth) and stayed 10 years in usa but when she return to Pakistan due to her father posting (transfer from Newyork) she was like 10 and half years old.

we married on the Jan 2004 now we 2 daughters (4 years and 1.9 years old)

she filed the immigration paper (I-130 and G325a) for me 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 we are instructed to submitted some other forms (DS 230) along with the Affidavit of support form

But the problem is that my wife dont have any residence in usa which is required for the affidavit of support form.

Now i want to know like how to establish the us residency?

1. if we find a place on rent where we can live (we can stay with her brother family and also he is willing to be the joint sponsor)
2. If we admit our daughters to a us school (daughters age 4 years and 1.9 years )
3. if my wife open a bank account in usa.

does it help to fulfil the requirement of the us residency ?




Also plus tell me like is it possible now to apply for the k3 (I 129F) and K 4 (fiance visa non immigrant) visa like the dont need the residency requirement in K3 and K4 visa



2 question..........

I recevied the Packet 3.5 and i need some help to complete the forms.

1. Along with the Packet 3.5 two forms were mailed to complete

1. DS-230 Part 1 and 2 (Biographic data and sworn statement) (3 sets)

2. I-864 Affidavit of Support (1 set).


I observed both the forms are expired like the I-864 Expired on 09/30/06
and the DS-230 expired 7/31/2007.

I also checked the http://www.uscis.gov and the latest version were available so my
question is like should i fill the latest version for forms or should i complete the forms
that was send from your good office (the expired one).




3 question..........


The case of my daughters are as follows:An IR-2 type
petition.

I-130 and G325A petition and approved now i ve to submit the affidavit of support.

Question:

Right now i have to fill the forms affidavit of support for them but kind a confused like should i use the I-864 of should i use the I-864W


I also read on the net like the Affidavit of Support is not required for some IR2 based visa

(C) a child classified IR-2 who was born (in or out of wedlock) to a parent who is now a U.S. Citizen, provided the child will be admitted to the U.S. while still under age 18 and will reside in the United States with, and in the custody of, the U.S. Citizen parent;
(Based on the Child Citizenship Act of 2001)

reference
http://travel.state.gov/visa/laws/te...rams_1409.html

Am I missing something?

Thanks for your help.

chartreuse

OK, I'll respond to the bit I know about. As I understand it, your wife merely needs to assert her intention to establish domicile in the USA no later than the date of immigration of the intending immigrant (that would be you).

She can do this in a letter, with a standard "penalty of perjury" declaration at the bottom. Of course anything else, like a drivers licence, voter registration card (Though ISTR that there's something to be careful of, with that one) etc. might help to bolster her case.

Incidentally, this thread should probably be in "Marriage Based Visas". I'm sure that a mod will be along to move it shortly.

ian-mstm

You don't need to establish US domicile (Google it) right now... all that's required is to establish the *intent* to domicile in the US. That said, the 3 things you listed will all support that intent.


My recommendation... don't bother with the I-129F. Let the immigration process continue with only the I-130.


Complete the most recent version of the form.


Your *wife* should file an I-864 for you, and an I-864W for the children. This is her form to complete, not yours.


This is true. When the children enter the US using their immigrant visas, they will *immediately* become US citizens. Because they will be US citizens, your wife will need to complete the I-864W for them. She will need to complete the I-864 for you.

To recap... I-864 for you; I-864W for the children.

Ian

Noorah101

I agree, and I'm not even sure that's an option anymore if you file DCF. I suppose it is, since they could still use the approved I-130 and file the I-129F to a service center in the USA, but that will just prolong the case, which is already going to be a long one.

Rene

mrs Bucket

This is true. When the children enter the US using their immigrant visas, they will *immediately* become US citizens. Because they will be US citizens, your wife will need to complete the I-864W for them. She will need to complete the I-864 for you.

To recap... I-864 for you; I-864W for the children.

Ian[/QUOTE]

Hi Ian

Sorry to butt in.

So in our situation hubby (us citizen) will fill in I 864 for me and for daughter who will automatically become citizen on arrival I 864W.

I hope I have understood correctly and if yes, thanks for the op's question and thanks to you Ian as I had completely missed this form and would have filled in the standard one for daughter.

Thanks again.

Amanda

ian-mstm

Yes.


Yes. See how easy that is!

Ian

mrs Bucket

Thanks again.

Gods knows where I would be without BE's.

Amanda

ehsanbaluch

Good Day

Iam amazed with such a quick responce, u know i asked the same question 2 other forums but i think they were not interested to reply

for this forum and specially for those who replied

Have fun