Sufficient Ties to the US and Providing for my spouse

[Nathan&Min]

Hello everyone.

 

 

Just a few quick questions as my wife and I are slowly but surely approaching the date in which we will DCF at Guangzhou.

 

 

My mother was going to be a co-sponsor since I am a recent graduate making a meager salary here in China, and with a savings amounting to a few thousand dollars, I was afraid that this would not be sufficient to prove that I was able to support my wife in the initial stages of the immigration process by myself.

 

My parents have plenty of savings and the means to provide more than enough 'support' to my wife by signing a co-sponsor affidavit. The problem is my parents are planning on retiring in April, and move away from the United States. They will still have bank accounts, investments, and all that here in the US, but they will be selling their house.

 

This presents two problems for me: I won't have an actual residence in the United States anymore since my parents home is my home on everything from Bank statements, to credit card bills, to my voting registration. Secondly, will my mom will be able to sponsor us if she isn't actually in the United States? They will be living in Malta at that time...

 

 

 

Any advice is appreciated. Thanks.

 

 

Nathan & Min

 

 

 

 

[Randy W]

File NOW, before they move. You will most likely be able to interview before they move. The Consulate doesn't ask for "future" plans.

[Nathan&Min]

@Randy

 

My wife has the 2 year rule on her head until July 2017...

[Randy W]

@Randy

 

My wife has the 2 year rule on her head until July 2017...

 

They will need to claim a U.S. domicile, and provide evidence - you've stated, "They will still have bank accounts, investments, and all that here in the US", so my guess is that you're okay there.

 

If they will still have a U.S. (mailing) address, you can probably use them as a joint sponsor - that is ultimately up to the Visa Officer at the time of the interview. They can always ask for another joint sponsor.

 

You, of course, will need a U.S. residence.

[Randy W]

What I like to emphasize here is your career potential. They are required by law to look BEYOND the I-864 in determining whether she might become a public charge. Evidence of job possibilities and an active job search - hopefully, contacts and job interviews - will go a long way in this respect.

[Nathan&Min]

What I like to emphasize here is your career potential. They are required by law to look BEYOND the I-864 in determining whether she might become a public charge. Evidence of job possibilities and an active job search - hopefully, contacts and job interviews - will go a long way in this respect.

 

 

In this aspect I am not worried. I have several job opportunities in the United States waiting for me, I just can't get to them since i'm "stuck" here in China for the time being.

 

 

From what I'm understanding with what you said:

 

It isn't a huge problem that my parents will sell their house and move from the US, as long as they have a proof of assets and ties to the United States for the role of a joint sponsor in this mix.

 

As they move away, I will have to establish residence in the United States by other means other than my old house which my parents will sell.

 

I can re-establish residence by claiming residence in another relatives house (talked to my uncle this afternoon, and he said I could stay in one of his houses)

 

 

Is there anything I am missing?

 

Edit: My uncle lives in Texas, and I have already started the process of claiming a legal residence there at his home by changing my bank account information, credit card address listed, and will apply to vote there when I get to Texas in November (and numerous times after that for business trips). Once I have 2 proofs of residence I can directly apply for a drivers license from the local DMV in the county in which I will claim domicile, and then in the eyes of the consular officer, this will be my home where we will stay once we emigrate?

 

Edited October 28, 2016 by Nathan&Min (see edit history)

[Randy W]

Yeah, that's it! Except that Texas requires 30 days actually LIVING there before you are eligible to transfer an existing license - may be quicker if you are applying new.

[Nathan&Min]

Yeah, that's it! Except that Texas requires 30 days actually LIVING there before you are eligible to transfer an existing license - may be quicker if you are applying new.

 

 

According to Texas' government website, it seems that this 30 day rule is not true. If you can prove you have an abode (which is impossible to tell where you are actually sleeping, and my uncle is letting me to live there for as long as I want, he doesn't actually "live" there himself anyways.) and to prove you have an abode in Texas, all you need is 2 proofs of residence. I have bank statements (digital) and physical that will be sent in the mail to his house in Texas, along with a voter registration card from the county in which he lives. That's it really. It's pretty easy, and I have looked into it pretty extensively.

[Randy W]

 

Yeah, that's it! Except that Texas requires 30 days actually LIVING there before you are eligible to transfer an existing license - may be quicker if you are applying new.

 

 

According to Texas' government website, it seems that this 30 day rule is not true. If you can prove you have an abode (which is impossible to tell where you are actually sleeping, and my uncle is letting me to live there for as long as I want, he doesn't actually "live" there himself anyways.) and to prove you have an abode in Texas, all you need is 2 proofs of residence. I have bank statements (digital) and physical that will be sent in the mail to his house in Texas, along with a voter registration card from the county in which he lives. That's it really. It's pretty easy, and I have looked into it pretty extensively.

 

 

 

I think you're talking about a NEW license - where you take the written and driver's test. You can do that at any time. What I found out was that I didn't need a Texas license at all - my Chinese license was perfectly good for the approximately 30 days I was there.

 

My residence was a hotel, or I possibly could have used my sister's address.

 

Our circumstances are different - go for it. If they mention the phrase "30 days" to you, at least you'll have heard of it. I don't care to sort out where the differences are. Then again, if your bank statements are more than 30 days old when you present them, you may have even THAT possible issue covered.

 

Found it - at http://www.txdps.state.tx.us/DriverLicense/residencyReqNonCDL.htm, but also that your former out-of-state (or out-of-country) license is good for NINETY days.

 

One of the documents must verify that the individual has lived in Texas for at least 30 days. This 30 day requirement is waived for individuals who are surrendering a valid, unexpired driver license from another state.

 

Edited November 1, 2016 by Randy W (see edit history)

[Nathan&Min]

 

 

Yeah, that's it! Except that Texas requires 30 days actually LIVING there before you are eligible to transfer an existing license - may be quicker if you are applying new.

 

 

According to Texas' government website, it seems that this 30 day rule is not true. If you can prove you have an abode (which is impossible to tell where you are actually sleeping, and my uncle is letting me to live there for as long as I want, he doesn't actually "live" there himself anyways.) and to prove you have an abode in Texas, all you need is 2 proofs of residence. I have bank statements (digital) and physical that will be sent in the mail to his house in Texas, along with a voter registration card from the county in which he lives. That's it really. It's pretty easy, and I have looked into it pretty extensively.

 

 

 

I think you're talking about a NEW license - where you take the written and driver's test. You can do that at any time. What I found out was that I didn't need a Texas license at all - my Chinese license was perfectly good for the approximately 30 days I was there.

 

My residence was a hotel, or I possibly could have used my sister's address.

 

Our circumstances are different - go for it. If they mention the phrase "30 days" to you, at least you'll have heard of it. I don't care to sort out where the differences are. Then again, if your bank statements are more than 30 days old when you present them, you may have even THAT possible issue covered.

 

Found it - at http://www.txdps.state.tx.us/DriverLicense/residencyReqNonCDL.htm, but also that your former out-of-state (or out-of-country) license is good for NINETY days.

 

One of the documents must verify that the individual has lived in Texas for at least 30 days. This 30 day requirement is waived for individuals who are surrendering a valid, unexpired driver license from another state.

 

 

 

 

I have my valid unexpired Pennsylvania license ready to surrender it doesn't expire for almost 3 years. Looks like I'll be good to go, Just got word from my company that I have a trip to Houston (my uncle lives in Harris County, Kingwood to be exact, just a bit north of Houston) this month. Gotta get my documents in order! Thanks for the help everyone.