I-864 Question.

Old Apr 11th 2001, 7:06 pm
  #1  
Roger Howard
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Our I-130 petition was approved on Tuesday.

I have a question regarding my wife filing an I-864 Affidavit of Support. Here's our
situation:

My US citizen wife who filed the I-130 is living with me in the UK. She does not have
a job lined up in the US, so she doesn't meet the minimum income requirements. We
were planning to use her father as a joint sponsor to reach those requirements. She
doesn't own a house over there, so she probably would not be classed as domicile in
the US. We were planning to live with her Grandparents when we arrive, until we can
build ourselves a house, on a plot of land they will give us.

Anyway - Information in packet 3 says she still has to fill out an I-864. This seems
strange because most of the questions in there are irrelivant. It's all about US
income, household size etc. She doesn't have any income or a house or anything. How
do we fill this out?

Thanks,

Roger
 
Old Apr 11th 2001, 7:14 pm
  #2  
Roger Howard
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Second question:

On this page: http://www.imminfo.com/FAQ/I-864%20FAQ.html#Top

Q: If the petitioner does not have a domicile in the United States, can a joint
sponsor file an I-864?

R: No. The INS Office of General Counsel has determined that under the act and
regulations, a joint sponsor cannot be authorized in cases where the petitioner
cannot be a sponsor by virtue of domicile. The petitioner must first meet all
requirements for being a sponsor (age, domicile, and citizenship) except those
relating to income before there can be a joint sponsor.

Does this mean my father in law cannot file an I-864 because my wife isn't living in
the US? does my wife have to leave me, and live the US for a while before we can
continue the process? That's not gonna happen.

Thanks,

Roger
 
Old Apr 11th 2001, 9:10 pm
  #3  
Squeezle
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hi Roger,

I am in the same boat as your wife. Does she have a bank account in the States? (She
could open one now if not). Has she started looking for work there (via the internet,
for example)? Is any of her family holding her household goods or are things in
storage? Does she still hold a US driver's license? All of these types of things
indicate "domicile".

I was told the domicile issue really isn't one. Fill out the I-864 with
N/As and zeros where appropriate and submit it, giving focus to the I-864 filled out
by the joint sponsor. I'm sure you'll do fine.

Squeezle

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Old Apr 11th 2001, 11:25 pm
  #4  
Rete
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It is a formality and she has to complete one regardless.

Rita

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