I-864 questions

[talsi]

Hi,

My husband, who is my sponsor, has been working in China for a non-American company for the past few years, therefore he does not have the W2 and 1099 forms. Would copies of his income tax returns from the past three years, along with the 1040 and 2555 forms provide enough evidence for the Affidavit of support?

 

Also, regarding the I-864EZ eligibility requirements:

 

1. You filed a Form I-130 petition, for your relative (He filed for me)

2. There is only one applicant on the Form I-130 petition (Only me)

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more forms W-2 provided by your employer. (All the qualifying income does come from his salary only, however, as mentioned earlier, he does not have the W2 to prove it, only the 1040 and 2555.)

 

For the third requirement, would the 1040 and 2555 forms qualify, or should we go for the I-864 to be on the safe side?

 

Thanks!

[Randy W]

Hi,

My husband, who is my sponsor, has been working in China for a non-American company for the past few years, therefore he does not have the W2 and 1099 forms. Would copies of his income tax returns from the past three years, along with the 1040 and 2555 forms provide enough evidence for the Affidavit of support?

 

Also, regarding the I-864EZ eligibility requirements:

 

1. You filed a Form I-130 petition, for your relative (He filed for me)

2. There is only one applicant on the Form I-130 petition (Only me)

3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more forms W-2 provided by your employer. (All the qualifying income does come from his salary only, however, as mentioned earlier, he does not have the W2 to prove it, only the 1040 and 2555.)

 

For the third requirement, would the 1040 and 2555 forms qualify, or should we go for the I-864 to be on the safe side?

 

Thanks!

 

For the W-2's, I used the Form 4852 Substitute for Form W-2 when I filled out my tax return - it's not necessary when you use Form 2555, of course, but I used it anyway since it seemed to apply.

 

Yes, I see no reason why you would want to use the I-864EZ. The eligibility requirements seem to indicate that they would simply go by the W-2, rather than to dig through the return and 2555.

[talsi]

Great Randy, thanks for the swift response!

[dnoblett]

I will add, will he have a job once returning to the states, the consulate will want to know that can support after arriving in the states. If he will be looking for work then they will want to see sufficient assets that could be converted to cash to provide support for at least 3 years. I-864EZ cannot be used with assets.

If no income after arriving in the states they can demand a joint sponsor in which case again cannot use I-864EZ.

If he does have a job that will continue after arrival he should provide a letter from them indicating the nature of it, if permanent full time and how much will be paid.

[talsi]

Hi Dan,

 

Thanks for the feedback!

I am aware of this. We we relocating to the US with the company my husband currently works for and we have added an employment letter stating his future income.

[talsi]

Another i-864 related question: part 7, 6-9. (Assets of the principal sponsored immigrant -optional)

If my husband, who is my petitioner and sole sponsor, earns well above the required minimum, do I still need to fill in this part asking about my personal assets? It says that this part is optional, but I'm trying to understand if there's some sort of a catch...

[dnoblett]

Another i-864 related question: part 7, 6-9. (Assets of the principal sponsored immigrant -optional)

If my husband, who is my petitioner and sole sponsor, earns well above the required minimum, do I still need to fill in this part asking about my personal assets? It says that this part is optional, but I'm trying to understand if there's some sort of a catch...

No. Not unless you are adding this as a way to bring his level up, and then it would need to be documented as either already being in the USA or how it will be transferred to the USA, typically this would used if the sponsored immigrant is already in the USA with the assets.

[talsi]

 

Another i-864 related question: part 7, 6-9. (Assets of the principal sponsored immigrant -optional)

If my husband, who is my petitioner and sole sponsor, earns well above the required minimum, do I still need to fill in this part asking about my personal assets? It says that this part is optional, but I'm trying to understand if there's some sort of a catch...

No. Not unless you are adding this as a way to bring his level up, and then it would need to be documented as either already being in the USA or how it will be transferred to the USA, typically this would used if the sponsored immigrant is already in the USA with the assets.

 

FInally, one very last question. It might sound dumb, but hey, you can never be too sure...

 

My husband, who is my petitioner and sponsor, hasn't lived in the US since his childhood. He will now be "reestablishing domicile in the U.S. in good faith". He recently opened a bank account in the U.S. and we've also got an employment letter stating that we will be relocating to the U.S. for his job. From what I've read this proof should suffice.

My question is what is he expected to fill in the I-864's "sponsor's mailing address" and "country of domicile"? In reality, his current country of domicile is China, until I receive my visa at which we will be moving to the U.S. However, I don't know if he is somehow expected to give a U.S. mailing address of relatives rather than our Chinese one... or maybe they expect him to state the U.S. as his country of domicile, since he is planning on reestablishing this domicile in the near future?

 

I might be over analyzing this, but I wouldn't want to leave any room for mistakes.

[Randy W]

 

 

Another i-864 related question: part 7, 6-9. (Assets of the principal sponsored immigrant -optional)

If my husband, who is my petitioner and sole sponsor, earns well above the required minimum, do I still need to fill in this part asking about my personal assets? It says that this part is optional, but I'm trying to understand if there's some sort of a catch...

No. Not unless you are adding this as a way to bring his level up, and then it would need to be documented as either already being in the USA or how it will be transferred to the USA, typically this would used if the sponsored immigrant is already in the USA with the assets.

 

FInally, one very last question. It might sound dumb, but hey, you can never be too sure...

 

My husband, who is my petitioner and sponsor, hasn't lived in the US since his childhood. He will now be "reestablishing domicile in the U.S. in good faith". He recently opened a bank account in the U.S. and we've also got an employment letter stating that we will be relocating to the U.S. for his job. From what I've read this proof should suffice.

My question is what is he expected to fill in the I-864's "sponsor's mailing address" and "country of domicile"? In reality, his current country of domicile is China, until I receive my visa at which we will be moving to the U.S. However, I don't know if he is somehow expected to give a U.S. mailing address of relatives rather than our Chinese one... or maybe they expect him to state the U.S. as his country of domicile, since he is planning on reestablishing this domicile in the near future?

 

I might be over analyzing this, but I wouldn't want to leave any room for mistakes.

 

 

Ideally, the I-864 will reflect the situation you are applying for (and moving into) - a green card in the U.S. It should show a U.S. domicile, and, ideally, a job with adequate salary. You seem to have that covered.

[talsi]

 

 

 

Another i-864 related question: part 7, 6-9. (Assets of the principal sponsored immigrant -optional)

If my husband, who is my petitioner and sole sponsor, earns well above the required minimum, do I still need to fill in this part asking about my personal assets? It says that this part is optional, but I'm trying to understand if there's some sort of a catch...

No. Not unless you are adding this as a way to bring his level up, and then it would need to be documented as either already being in the USA or how it will be transferred to the USA, typically this would used if the sponsored immigrant is already in the USA with the assets.

 

FInally, one very last question. It might sound dumb, but hey, you can never be too sure...

 

My husband, who is my petitioner and sponsor, hasn't lived in the US since his childhood. He will now be "reestablishing domicile in the U.S. in good faith". He recently opened a bank account in the U.S. and we've also got an employment letter stating that we will be relocating to the U.S. for his job. From what I've read this proof should suffice.

My question is what is he expected to fill in the I-864's "sponsor's mailing address" and "country of domicile"? In reality, his current country of domicile is China, until I receive my visa at which we will be moving to the U.S. However, I don't know if he is somehow expected to give a U.S. mailing address of relatives rather than our Chinese one... or maybe they expect him to state the U.S. as his country of domicile, since he is planning on reestablishing this domicile in the near future?

 

I might be over analyzing this, but I wouldn't want to leave any room for mistakes.

 

 

Ideally, the I-864 will reflect the situation you are applying for (and moving into) - a green card in the U.S. It should show a U.S. domicile, and, ideally, a job with adequate salary. You seem to have that covered.

 

So does that mean you would put U.S. as his country of Domicile rather than China?

[dnoblett]

The domicile issue will be a major problem, he cannot claim US as domicile because of the time living away from the USA, and how he left the country as a child he cannot show this was a temporary condition. He will need to first move to the USA and establish domicile since in this case it looks like he lost it long ago when he moved with family out of the USA.

 

He probably will need to move to USA and establish domicile in order to then provide the required I-864. Establishing domicile would be employed, place to live, get a state ID or drivers license or permit.

[talsi]

The domicile issue will be a major problem, he cannot claim US as domicile because of the time living away from the USA, and how he left the country as a child he cannot show this was a temporary condition. He will need to first move to the USA and establish domicile since in this case it looks like he lost it long ago when he moved with family out of the USA.

 

He probably will need to move to USA and establish domicile in order to then provide the required I-864. Establishing domicile would be employed, place to live, get a state ID or drivers license or permit.

But that isn't what the immihelp site states... "It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of of concrete steps outlined above" (opening a U.S. bank account, finding U.S. employment, have a SSN, etc.) We will be attaching proof of the few steps that support his re-establishment of domicile.

[Randy W]

 

The domicile issue will be a major problem, he cannot claim US as domicile because of the time living away from the USA, and how he left the country as a child he cannot show this was a temporary condition. He will need to first move to the USA and establish domicile since in this case it looks like he lost it long ago when he moved with family out of the USA.

 

He probably will need to move to USA and establish domicile in order to then provide the required I-864. Establishing domicile would be employed, place to live, get a state ID or drivers license or permit.

But that isn't what the immihelp site states... "It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of of concrete steps outlined above" (opening a U.S. bank account, finding U.S. employment, have a SSN, etc.) We will be attaching proof of the few steps that support his re-establishment of domicile.

 

 

Yes - it's more of a logistical problem. An ongoing domicile is not required. It sounds like you'll have a place to stay when you arrive - the I-864 simply needs to show the address, along with your supporting documents. If you decide to live elsewhere, a change of address can be filed at that time. I'm not sure why Dan called it a "major problem".

[dnoblett]

I probably should say can cause problems, the point is will have to see what happens with the consulate.