I-864 and Reestablishing Domicile (while living in China)

[beeve]

Hi CFL,

 

I filed the I-130 petition last month in Guangzhou (DCF), and my wife and I just received P-3. Here is the situation: I am living in China (have been for the past 7+ years) and am currently not working (I quit working with a local company earlier this year). My wife and I are planning on finishing the immigration visa process together from here in China and moving to the US together immediately afterwards. I'm working on the I-864 and have a couple of questions:

1. My income for 2011 exceeded 125% of the HH poverty line, but for 2012, because I only worked for part of the year, my income falls short. First question (hopefully easy): To calculate my 2012 income, I'm using my actual, prorated salary (based on x months I worked this year). Is this correct, or can I use previous years (2011, 2010) as a benchmark?
   
2. Although my actual 2012 income falls short, when I include my assets (bank accounts, etc), I come out over the 125% threshold [using their formula total assets needs to be greater than 5x the difference between 2012 income and the 2012 HH poverty line]. Second question: Should I sponsor my wife by myself, or does it look better to have a joint sponsor? e.g. Would it look better if my father was a joint sponsor, because I haven't lived in the US for 7+ years, I don't have a house in the US, and we are planning on initially living with him when we move back? Let me try and rephrase: Does having a joint sponsor help to reestablish domicile? Financially (income + assets), I meet the criteria for being the sole sponsor, but I am nervous that I may not fit their other criteria for reestablishing domicile. The things I do have in the US include: bank accounts, stocks, driver's licence, I've paid my taxes... but I don't have a job yet and I don't have my own house.
   
3. Final question (this one is especially annoying me)! My address in the US (for driver's licence, bank statements, etc) is in NJ, where I grew up. However, my parents recently moved to Florida, and are trying to sell the NJ house. My US mailbox is still in NJ, but when my wife and I move to the US, we plan on initially living in Florida where my parents live (and I can change my addresses & driver's licence when I get back). My final question: Are my NJ bank statements, NJ driver's licence, everything NJ in my name... going to be a stumbling block for reestablishing domicile, especially if we say we are moving in with my parents in Florida? Right now, I have nothing in my name that says that my domicile will be in Florida (except for my parents). Would we be better off saying we'll move to the NJ address, or does it not really matter?
   

 

The more I read these forums, I more I realize that these cases can get really complicated (or maybe I'm over-thinking?). I'm sorry for the mountain of questions... I just really hope that I'm doing this the right way. Thank you in advance!

[dnoblett]

1. Since you are unemployed your 2012 income is what you made from Jan 1 to day employment ended, not an estimate of what you would have made if still employed. This is why the I-864 suggests employer letter and recent pay stubs.
   
2. Assets are valued at 1/3 not 1/5 because will be based on marriage to a US Citizen, immigrant can naturalize and become a Citizen at 3 years of residency. Read the I-864 instructions again. So in your case they are worth more, however, may be asked to show assets valued at 3 times (125% poverty line) due to being unemployed.
   
3. Your domicile should remain NJ until after you move to the USA (file an I-865 after arriving in the USA) unless you do as others do and you move back to USA ahead of spouse and establish a FL domicile.
   

 

Some additional points.

 

US citizens need to file returned each year, copies will need to be attached to I-864, consulate tends to demand past 3 years.

 

They have been known to demand a joint sponsor in the states even if you have sufficient assets, showing employment after arrival in the states has more weight than assets.

[Beachey]

If your father is willing to be a co-sponsor I would simplify things and ask him to co-sponsor.

 

I might have your father write a letter stating his invitation to live with your parents in Florida and have him explain they just moved from New Jersey giving the old address. This will serve to explain why your domicile is in New Jersey but you plan on living in Florida.

 

Make sure you put your parent's address in Florida as where you plan on living and where the green card should be sent.

 

As long as the information you present to the immigration officer makes sense I don't think you will have any issues.

[beeve]

Thank you dnoblett and Beachey

[beeve]

Hi all,

 

I just wanted to share with you that my wife passed her interview! As you suggested, I asked my father to be a co-sponsor, which he agreed to. However, in the end, the VO told my wife (during the interview) that we did not need a co-sponsor. The interview was short and much easier than expected.

 

Lesson learned: It's much better, for the interview and for your own peace of mind, to over-prepare for the interview date, but at the end of the day, the actual interview is really not that bad.

 

Thank you all for sharing your wisdom throughout this process. We are looking forward to the next chapter in our lives!

 

-Beeve

[MarineClimateLover]

Hi all,

 

I just wanted to share with you that my wife passed her interview! As you suggested, I asked my father to be a co-sponsor, which he agreed to. However, in the end, the VO told my wife (during the interview) that we did not need a co-sponsor. The interview was short and much easier than expected.

 

Lesson learned: It's much better, for the interview and for your own peace of mind, to over-prepare for the interview date, but at the end of the day, the actual interview is really not that bad.

 

Thank you all for sharing your wisdom throughout this process. We are looking forward to the next chapter in our lives!

 

-Beeve

 

Congrats on successfully navigating a complicated process. My wife's interview is next month - hopefully things with her's go as smoothly as they did with your's!