Katyonice

Hi folks
I am the USC and my husband is the UKC. I filed the I-130 in London and it was approved as I had moved over to the UK in Jan 08 to get married. I got my UK visa for LRR in April so I was allowed to file the I-130 in London. I still own a home in the USA and still have all my furniture in the home there.
My questions are about the I-864 and whether I can sponsor my husband if I call the UK my home or can I call the USA my home even tho I have a UK LLR and used that as the basis for filing in London. I have read thru the step by step instructions but still have a few queries.

Can my brother who lives in a different state than we will be living and where I own our home be a co sponsor if needed? And if so which form does he use?

Part 4 #12
Should I use our UK address as a mailing address or my USA address. My roommate who shares in the house while I’m gone can forward the mail to me.

Part 4 #15
Does my UK LLR prevent me calling the USA my country of domicile?

Part 4 #24
I am filing my taxes this year by June 16 per the IRS office, my income is $33000, based on cashing in some retirement funds, even tho I haven’t worked at all in 2008. I have 2007 and 2006 tax returns also with 50K and 36K respectively based on actual work. Will the fact that I have to list “unemployed since 1/1/2008” as my employment prevent that income from counting toward sponsorship?

Part 4 #26
As my house is in Florida I don’t know if it will count toward an an asset value but I have 90K equity based on the worst case value figures. How do I get a valuation on it. I have a tax cap on the house so I only pay taxes on the first 105K of value so the tax document may not reflect the true taxable value. Any suggestions?
Thanks
Kate and Bob

ian-mstm

You are the USC spouse... you *must* be his sponsor, regardless of where you call home!


Your brother can be a *joint* sponsor. Any USC or PR, over age 18, and living in the US can be a joint sponsor. They don't have to be related to you.


He also uses an I-864.


Since you filed in the UK, it'd be prudent to use a UK address... since that's where you'll want the notices to come.


No. You are not required to demonstrate domicile in the US as long as you can demonstrate your *intent* to domicile in the US.


Current income is almost always more important than past income.


If you can't demonstrate current income at the required level (125% of the poverty level for 2 people (assuming just you and hubby)), then you must provide assets = 3x that level. If you can do neither, then your joint sponsor needs to be able to do that for *his* household size + your husband. If your brother is married with no children, then he'd need to be looking at 3 people and 5x the assets (3x is only for a spouse). Start here: http://www.uscis.gov/files/form/I-864P.pdf.


Speak to a Florida home assessor.


Taxable value and equity are totally different... besides, you're not getting a tax document, you're getting an assessment.

Ian

Katyonice

Thanks Ian
that was really helpful. When I was reading the step by step directions It sounded like if I wasn't domiciled in the USA I couldn't sponsor my husband which sounded absurd to me!! My brother is going to file as a joint sponsor whether we need it or not so things don't get in a twist. Hope all goes well!
I'm actually in the USA this month looking for a job. If I were to land a job now would that help towards filing the I-864 even tho I would be just starting to work again?

Kate and Bob

Noorah101

Hi Kate,

You can definitely go to the interview armed with the Joint Sponsor's I-864. If the ConOff decides it is needed, you'll have it with you right then and there.

A job offer cannot be used on the I-864, no, but it establishes intent to domicile, which is helpful.

Rene

Katyonice

Thanks Rene
One last question
Would it be helpful or hurtful if I came to the US ahead of my husband and started working now. I have 2 very good jobs I interviewed for last week and will hear something this week or next. If offered, should I take them or would that make his position more difficult, as I would be in the USA and he would be in the UK at interview time. I don't want to jeopardize anything at this point.
Kate A

Noorah101

You will not be jeopardizing his visa if you are in the USA when he has his interview. The interview is only for him, you couldn't go anyway. Plus it helps determine that you for SURE have domiciled in the USA.

Rene

Katyonice

Thanks for the reply
I hope something will come of one of the jobs
BTW Congrats on the Citizenship ... What an accomplishment!!
Kate A

jeffreyhy

That may be the approach that the consular staff in London take, but for a broader audience it is not necessarily true. There are consulates that require the petitioner-sponsor to be firmly domiciled in the USA before they will issue the visa.

On this issue, know your consulate's position.

Regards, JEff