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I need help filling out the I-864, Affidavit of Support, as…

I need help filling out...
I need help filling out the I-864, Affidavit of Support, as my wife (US Citizen) and I have been living away from the US for 5 years, so cannot claim to be domiciled in the US. What is the best way to fill out this form?
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Answered in 1 minute by:
5/10/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Customer reply replied 3 months ago
Thanks! Let me know if you need any more information

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

You do have to complete an I-864 and if you do not have US income to meed the 125% of poverty level you can use assets at the rate of 3xs the shortage amount you have meeting. So for a spouse and husband = 2 family members which is approx $21K a year = $100K in assets.

But to show domicile you have to show the initiatives you have taken to take back up physical residence here such as renting an apartment; owning your residence here; enrolling children in school; applying for jobs; having a job offer.

You need to show that domicile intent at the time she is called in for the interview.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 3 months ago
Ok, so we're not intending to move until later this year (September/October), and as we wouldn't start looking for jobs or apartments until closer to the time, should we hold off submitting our application? Or just hold off booking the appointment after submitting the application? We have looked at apartments just this week (we were back in the US visiting family), but that's as much as we've done so far (with any proof at least).
Customer reply replied 3 months ago
Do you know what is normally enough evidence? My wife still has her bank account open and is paying off bills. Would having a deposit on an apartment be enough? Or a job or job offer? Or would we need multiple examples?

You can file your I-130 at the USCIS office in UK so you avoid the 9-12 months it would take if you had to mail the petition to the USCIS lockbox in the US.

UK is very willing to work with you. I would proceed now because even with short I-130 processing times, you have a year to complete the immigrant visa application after the I-130 is approved.

Here is the link to the UK USCIS field office

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

There are tons of tips and helpful information as well as the links the the forms you have to file. It should even have the current processing times for the I-130. This is not too early, it is June for all practical purposes and if you wait much longer you may not be able to travel when you want.

Even after the visa is issued she has 6 months to use it to enter.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 3 months ago
Thanks - we already have submitted our I-130 and it has been approved (took over 1 year) and our Green card application is with the UK office. We are just trying to complete the next steps, which is to submit the various documents to the National Visa Centre. This is where we are now stuck, as we are not sure how to complete the I-864 Affidavit of Support, as I don't think my wife can claim to be domiciled in the U.S.

I have never heard of the USCIS London office taking a year to approve an I-130. You must have sent it to the US and now are going through the NVC.

You have a year to complete the immigrant visa process so you can wait to establish your evidence of domicile.

Have you made any efforts towards arranging your move?

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Customer reply replied 3 months ago
We didn't send it to London, we wish we had!
We were in the US last week and viewed some apartments, but that is as far as we have got so far. But we intend to move later this year, most likely in October.
We were wanting to have the green card so we knew we could move before making steps to move, but now it sounds like we have to make steps to move to get the green card (old chicken and egg situation).
Customer reply replied 3 months ago
when filling out the application, should we put my wife's equivalent salary in US dollars, converted from British pounds?

Yes, you have to take the steps to move in order to satisfy the consul regarding domicile.

I don't know i anything about you so I cannot make any suggestions. I don't know if you work. If you do start sending out resumes, have email exchanges with potential employers, send email inquiries about housing to rental agents, etc. Same for your wife. She should start looking for work. Even if she has to go ahead of you to start by a month or so that would be very helpful to domicile.

Put her salary in US equivalent. But that is not going to be satisfactory because it is not US income. You will have to use assets or a joint sponsor. The reason for the I-864 is it is a contract with the government to reimburse for any means tested benefits you may collect. If no US $ then no way for the US to be made whole. You need to show cash assets, retirement accounts, or assets that can be sold within a year to satisfy the financial requirements. She is leaving her UK job and those won't be her assets for the US to attach if they end up suing her.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page.

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Customer reply replied 3 months ago
Ok, thanks. So it would help to have my wife's mother or father be a joint sponsor? I will be looking for work, it is just hard to apply when I don't have a green card so aren't legally allowed to work in the U.S. My wife is hoping she can transfer her current job, so hopefully we at least have that.Approximately how long does it take from submitting our documents to the NVC to a green card being issued? We will be making steps in coming months, but will still need to know when to submit the documents to give us enough time to get approved and move by October.

Submit now. Yes, you will need a joint sponsor who is living in the US and a citizen or permanent resident if assets are not an option.

It is more important for your spouse to start a paper trail with job application. That doesn't mean she has to take the jobs, it shows intent to return home. Also if she can get a letter from her current employer that they are transferring her to US office or offering her a job there that will go a very long way to establishing domicile.

If you are moving in October the company should know by August (only 2 months from now) whether they are going to give her an offer across the pond. If she has that job commitment letter, that will satisfy the domicile issue.

Save the apartment brochures where you looked and print off any email exchanges you have with them about renting there. That also is evidence.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page.

Judith

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Customer reply replied 3 months ago
Ok, thanks. I`m am guessing that as we won`t have much evidence to submit right now, we will be able to bring that along to the interview, or submit at a later date? e.g. you mention a job commitment letter, but we wouldn`t be able to get that until August/September, so wouldn`t be a the submission we send to the NVC in the next few days.

Your spouse should send a letter explaining the anticipated transfer to the US office. If she has had any email exchanges about that possibility send copies attached to her letter.

You probably not hear anything until July or August about any issues concerning domicile and by then she may be able to get an official job offer.

Step at a time.

Thank you in advance for a 5 star rating by clicking on the stars. That is how we are paid.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
Ok, thanks for your help, I think that answers all of our questions. Cheers!

Best!

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