Ynara

I'm the Brit, he's the American. Married Jan 1st 1998. Lived in the US, got my greencard, moved to the UK 2003, thus abandoning it. Had two kids in the UK, both duel citizens. Now we want to move back to the US.

We have I-130 in progress and should hear from that soon.

I've just read the instructions to this form DS-230 and now have a question.

The part that says the sponsor has to "You intend in good faith to reestablish your domicile in the US no later than the date of the intending immigrant's admission or adjustment of status. "

I'm not sure how we can do this! We're currently both in the UK, he has a job, I am a full time mother. We will have a joint sponsor of my husband's mother who lives in the US. We intend to live with her. Our children are not quite of school age yet (almost 4 and 2.5). How do they expect you to agree to a job/lease etc months before the immigrant has been approved especially as the sponsor then has to be with me at point of entry?

Also, my MIL is going through a divorce from my FIL. Will that affect her being our sponsor? If it does we're stuffed argh!

Noorah101

1. Your MIL's divorce will not affect her being the joint sponsor, as long as she qualifies on her own, using her own income (i.e., not relying on the FIL's income as a household member).

2. To establish intent to domicile, you can show that you've been filing US taxes, you can register to vote in the USA, you can bring proof that you've been apartment or house hunting (you don't need a signed lease), perhaps show that you're doing some research on joining some clubs or activities in the area you intend to live....

Rene

ian-mstm

I'm having a memory here (oy... that could be scary)! Isn't there a form she can fill out that states her intent to re-establish her PR status? That'd probably save a lot of headaches if successful. Thing is... I can't remember the form number, but I'm sure I've seen it before.

Ian

meauxna

London is pretty loose with their requirements regarding domicile. If you and family are making obvious steps toward relocating (dress up your research some.. and you do have a plan) that is ususally sufficient. If you read the Direct Consular Filing link in my signature, you'll find some information at the bottom concerning domicile that will help you out.

MIL's divorce won't affect her I-864, as Rene notes, as long as her individual income is sufficient.

The SB-1 Returning Resident's visa is what Ian is mentioning. You're past that already (since you've filed I-130) and since you were out 3+ years, I'm not sure it would be worth the hassle.

Ynara

We contacted the embassy to try that, but they said unless we could prove that there were extraordinary circumstances why I have been out of the country almost 5 years, and that we have maintained a residence with proof that we intended to return in that time, then we have to reapply.