"Domicile" and the I864

Right, so.  On to the next worry, now - the I864.

They're pretty explicit in explaining that you have to have "US Domicile" to be the sponsor, and that unless you have this, you can't file.

So how did you, living abroad and filing DCF, establish that you are still "domiciled" (is that even a word?) in the US?

I moved to the UK more than 18 months ago.  We are renting here and we rented when least we lived in the US.  I still live here.  I don't have a job there - nor do I intend on getting one, as I'm self-employed.  When we go back, we will be living with my parents initially and to try and find an apartment would be stretching ourselves too thin.

So what can I do to prove "domicile"?  This has me worried!

Gwen, it's been over a year since we were filling in these forms so forgive me for not remembering the 1864 specifically.  Neither my British husband nor I were domiciled in the US.  I hadn't lived there for 7 years.  If I remember right, there is a way around that, and it has to do with ready, available CASH or co-sponsorship (your parents perhaps?) if you can't meet the ready money requirement.

Thankfully, our house had doubled in price from when we bought it so the proceeds of the sale of it met the requirement.  When we went to the interview, all they wanted to see was a current mortgage statement and a current valuation from an estate agent.

Do you have any assets (savings, pension, sale of...) which you can list to meet this requirement?  If your parents become co-sponsors, they would have to show their income, and it would have to meet a requirement that would support all four of you living together.  I'm a bit fuzzy about this, but it should all be there in your pack.

right, my dad's a lawyer and he tried to explain this one to me. Basically, do you have any bank accounts in the US? Do you get mail in the US at your parents'? Do you have credit cards in the US? Then you have domicile if you answered yes. The best thing for you to do though probably would be to have your parents co-sponsor your husband's visa since you will be living with them when you get there and b/c they are there in the US. DH and i plan to do that if/when we apply through dcf. Someone may correct me, but I was looking at domicile when I wanted to consider not paying tax in the US later on in life if we stayed in the UK. If you have domicile at all in the US,  you have to pay US income tax, it's cr@p. Anyway, that's how I learned about it. Very legal term and a little confusing, good luck! Maybe see an immigration lawyer here that knows the process.

I don't have any assets, bank accounts, credit cards, or anything like that.  I do still get the occasional piece of post to my parents' house, but it's usually just junk mail.  We intend to move back together, so going on ahead to establish things like bank accounts isn't an option save as a last resort.  My credit's so cr*p I'm not sure I can even get a bank account at this stage.  I did still file my taxes while abroad, though - does that count?

My parents are more than happy to co-sponsor and meet the requirements for the household size, so I'm not worried about that.  It's just my eligibility to act as primary sponsor that worries me!

Have you checked out www.diveintoamerica.com? You might find the answer there.

Thanks, will have a look at that.

I just went through this so here it is.  First, to DCF  you have to claim the UK as your "domicile" or you won't be able to DCF.  All the embassy wants to see is that you, the US citizen, have intentions of making the US your domicile after along with the immigrant.  I didn't provide any proof of this but usually the fact that you are applying for your husband's visa is enough.

You do not have to have all the assets to sponsor someone.  I had no assets or anything of the like but I had my stepmother co-sponsor my husband.  I still had to fill out an I-864 but without my step-mother's, it would have been worthless.

I hope that helps.

June

Absolutely correct, June.  YOU don't have to have the assets, but someone does...namely a co-sponsor if not the sponsor.  I'd forgotten what the I864 was but have now realised it is the Affidavit of Support.  You just have to prove that the applying immigrant has enough financial support to live without benefit of the US government welfare system.  Having assets exceeding the minimum requirement is one way, co-sponsorship is another.