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AliciaPhil79's Proof of Domicile Questions

AliciaPhil79's Proof of Domicile Questions

Old Mar 30th 2012, 7:10 am
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Default AliciaPhil79's Proof of Domicile Questions

Hello All

We start our process of I-130 sent in on 22nd March 2012, fee taken for I-130 on the 28th March 2012.

We started to look at the I-864 and what evidence will be needed to prove domicile. I have only lived in the UK for just under two years with a spouse visa we are not planning to renew it as we want to move and live in US. I have lived in the US up until the last two years. My husband is a UKC and our 6 month old baby daughter has just become a USC born aboard.

This is what we have as evidence so far:

1. I have a couple of US bank accounts which have money in them.
2. We started to tranfer money into the US accounts and close down UK accounts shortly.
3. I have signed and accepted a job as a teacher and signed a contract (have proof).
4. Registered our daughter as a USA citizen
5. Filled US tax return each year before moving to UK and while in UK.
6. Proof of California car license
7. Social Security number which I have already.
8. I will be flying and entering the US as same time as my husband and daughter
9. Quotes for shipping our goods from UK to USA.
10. My husband and I will be before the interview given notice of intention to leave his Job to his employers and mine.
11. We have also written to our Landlord informing them of intention of not renewing contract and est date of leaving.
12. Quotes for bring our dog to the US. (damn not cheap lol).
13. I will have my P45 before my husband goes to the interview, showing Ive left my job here.
14. Proof from local newspaper classfield and ebay/Gumtree that we are beginning to sell household items.
15. I have statement of paying my US student load off while in the UK and will continue to do so when we move to the US.
16. We have also apply for renting apartment in the US and have emails etc but no contact as yet.


Can anyone think of anything else? Is this going to be good enough?

We doing our visa with the US Embassy London.

Thanks in advance
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Old Mar 30th 2012, 1:17 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Hi Alicia,

I created a new thread for your specific question. My layman's opinion is that your evidence of intent to domicile looks fine.

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Old Mar 30th 2012, 2:08 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Originally Posted by AliciaPhil79 View Post
... our 6 month old baby daughter has just become a USC born aboard.
She was a USC the day she was born... but now you have proof of that!


Can anyone think of anything else? Is this going to be good enough?
You have more than most people... I think you'll be just fine! Do note though, that your daughter will need a US passport to enter the US.

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Old Mar 30th 2012, 2:59 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Yep we went to US Embassy London last week and got her Born Aboard Cert and Passport accepted and coming in the post in the next 3-4 weeks. Interview for that took all of 2 mins lol

I glad it sounds like enough evidence, I have to say look though same of the other comments and situations other people had I was worried.

Am I right they only interested in what you earnt in the US with your Tax forms and not too concerned about what you earned in the UK?
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Old Mar 30th 2012, 3:11 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Originally Posted by AliciaPhil79 View Post
Yep we went to US Embassy London last week and got her Born Aboard Cert and Passport accepted and coming in the post in the next 3-4 weeks. Interview for that took all of 2 mins lol

I glad it sounds like enough evidence, I have to say look though same of the other comments and situations other people had I was worried.
You've got somewhat more evidence than my wife could provide when we did the process, and her intent to re-establish domicile wasn't questioned by the ConOff.

Am I right they only interested in what you earnt in the US with your Tax forms and not too concerned about what you earned in the UK?
You need to have declared your UK income on your US tax returns, but it sounds like you did that. They don't care about any past UK income for the I-864, unless it's income that will "continue from the same source" after you move to the US from the UK. In my case I transferred my job from the London to the NYC office of my company and the income I'd be getting in the US from that job was accepted for the I-864.

Please be aware that any income from your new teaching job in the US can't be counted for the I-864, even though you have an employment contract as it won't start until after your husband has emigrated with you to the US.
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Old Mar 30th 2012, 5:02 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Ok question income for I-864 support I didnt work much last year 2011/2012 failling below the 3 household income level, but prior to that year 2008/2009, 2009/2010 and 2010/2011 I earnt over the required level for household of three people.

Question is because I didnt work much last year due to having a baby will this be of concern when looking to see if I can support my spouse, as during that period he supported the housewhole?

Do they just look at the last year tax period or do they look at a number of years (3 year I think listed) to assess the required support level to see If i can support my family?
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Old Mar 30th 2012, 5:08 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

They don't really look at past income that much at all, especially for someone in your situation where you've been working overseas.

In order to qualify financially on the I-864, you should have either:

1. CURRENT income, either in the USA, or which will continue from the same source once you move to the USA; or

2. Assets valuing 3x what you are lacking in income; or

3. A Joint Sponsor.

Your past tax returns are not an indication of the current income you will be using on the I-864. Which of the above 3 scenarios will you be using?

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Old Mar 30th 2012, 5:18 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

See 9 FAM 40.41 Procedural Notes, PN2.4

I see something of a contradiction, though. At c(5)(a) it says "Total income means before deductions in the sponsor’s tax return for the most recent taxable year should be generally determinative." But at c(7)(a) it says "If the sponsor’s total household income (line 24c of Form I-864 or line 18 of Form I-864-EZ) is greater than or equal to the governing Poverty Guideline threshold, the sponsor does not need to show evidence of assets and does not require a joint sponsor." (the emphasis is mine) So which is it that counts most? Total income as reported on the most recent tax return (line 25) or current income (line 24c)?

I think that current income will determine if both numbers do not show that the requirement is met.

Regards, JEff

Originally Posted by AliciaPhil79 View Post
Ok question income for I-864 support I didnt work much last year 2011/2012 failling below the 3 household income level, but prior to that year 2008/2009, 2009/2010 and 2010/2011 I earnt over the required level for household of three people.

Question is because I didnt work much last year due to having a baby will this be of concern when looking to see if I can support my spouse, as during that period he supported the housewhole?

Do they just look at the last year tax period or do they look at a number of years (3 year I think listed) to assess the required support level to see If i can support my family?

Last edited by jeffreyhy; Mar 30th 2012 at 5:22 pm.
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Old Mar 30th 2012, 7:46 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Ok looks like we going to be using a A Joint Sponsor (my mum) who has always lived in the usa and been at same address for 20 years.

My question on this is do we have to put down we all be living at the same address for them to sponsor us? or can my mum sponsor us and we live at different addresses?

This is all so confusing, even after speaking with someone at US Embassy London and being told what is written down on the support papers lol.
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Old Mar 30th 2012, 7:52 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

A family memeber who lives at the same address as the sponsor is a Family Member, not a Joint Sponsor. Did you read the section of the I-864 instructions entitled "What Is A Joint Sponsor"?

I can understand how things could be confusing, especially after speaking with someone at an embassy. Even if that someone was in the consular section.

Regards, JEff

Last edited by jeffreyhy; Mar 30th 2012 at 7:55 pm.
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Old Mar 30th 2012, 8:01 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Right lets see if i understand this:

If we live at different addresses from my mum she is a joint sponsor? if we live at the same address she is a family and her income can count towards the household level required?

Thank you all for your help so far and in the coming days

Alicia
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Old Mar 30th 2012, 8:05 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Yes, you understand!

Regards, JEff
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Old Mar 30th 2012, 8:11 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Originally Posted by AliciaPhil79 View Post
Ok question income for I-864 support I didnt work much last year 2011/2012 failling below the 3 household income level, but prior to that year 2008/2009, 2009/2010 and 2010/2011 I earnt over the required level for household of three people.
You are taking two separate and distinct requirements and trying to smush them together. There is a requirement to provide 3 years' worth of income tax returns. There is a requirement to earn over the 125% poverty level. There is no requirement to earn above 125% for the previous 3 years!

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Old Mar 30th 2012, 8:45 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

Ok this last year I have not earnt the required household level, so to make up for this we are now planning to use my mum income to the required level (well it put us above it).

The only decision to make is do we state we going to and do so live with her or go the other route of her being joint sponsor?

In either case what evidence do we need of her support and do we need to prove her domicile?
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Old Mar 30th 2012, 8:55 pm
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Default Re: AliciaPhil79's Proof of Domicile Questions

What you have earned in the last year is not the issue. The issue is that your current income, when expressed on an annual basis, must be at the required level.

However, if your current income is only temporary, or if it otherwise appears that your current income is not sustainable, then even if your current income is at the required level you may have to include household members or get a Joint Sponsor.

Regards, JEff


Originally Posted by AliciaPhil79 View Post
Ok this last year I have not earnt the required household level,

Last edited by jeffreyhy; Mar 30th 2012 at 9:05 pm.
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