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  • I-864, Financial Sponser

    Hey guys, appreciate if someone helps me out.

    We are filing I-864. My spouse who is sponsoring me is currently living together out of US. As Financial Sponsor, is it alright if she is living out of US. Because I saw this:

    ---------------
    Eligibility to Submit an Affidavit of Support
    Who can be a Financial Sponsor?
    A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. The sponsor must also have a domicile (residence) in the United States.
    -----------------

    This says the the sponsor has to be residence inside US? Do we need to find someone else for sponsoring me?

    Thanks a lot and really appreciate your helps.

  • #2
    Originally posted by imanjp View Post
    Hey guys, appreciate if someone helps me out.

    We are filing I-864. My spouse who is sponsoring me is currently living together out of US. As Financial Sponsor, is it alright if she is living out of US. Because I saw this:

    ---------------
    Eligibility to Submit an Affidavit of Support
    Who can be a Financial Sponsor?
    A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. The sponsor must also have a domicile (residence) in the United States.
    -----------------

    This says the the sponsor has to be residence inside US? Do we need to find someone else for sponsoring me?

    Thanks a lot and really appreciate your helps.
    There is some information here you may find useful: https://www.nolo.com/legal-encyclope...onsorship.html

    If the link gets removed, search "can I-864 sponsor live outside usa" and it's the first nolo link. I found this website, among others to be useful when dealing with my paperwork.
    Marriage AOS - 2018

    4-10: Sent to Chicago Lockbox
    4-12: Arrived in Chicago
    4-14: Picked up by USCIS
    4-19: Email & text notifications received
    4-23: I-797 Receipts received
    4-27: Biometrics notice received
    5-10: Courtesy letter for I-693
    5-11: Biometrics completed
    6-04: Interview scheduled
    6-09: Received interview letter
    7-10: Interview complete & approved, status change to New Card being Produced
    7-13: Card was Mailed
    7-18: Green Card in Hand

    Comment


    • #3
      Thanks. How about W-2

      Thanks Tezza, I've got my answer. Thanks for the link, it was super useful.

      May you, or anyone, can help for this as well:

      Since we are living abroad, how about W-2 form or IRS tax script? My wife was taking break for awhile and didn't have income. now she just started her job, but me working. Can I include my bank statements or work certificate showing my income and wages to proof of our income? Hope I explained well.

      Thanks.

      Comment


      • #4
        Originally posted by imanjp View Post
        Hey guys, appreciate if someone helps me out.

        We are filing I-864. My spouse who is sponsoring me is currently living together out of US. As Financial Sponsor, is it alright if she is living out of US. Because I saw this:

        ---------------
        Eligibility to Submit an Affidavit of Support
        Who can be a Financial Sponsor?
        A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. The sponsor must also have a domicile (residence) in the United States.
        -----------------

        This says the the sponsor has to be residence inside US? Do we need to find someone else for sponsoring me?

        Thanks a lot and really appreciate your helps.
        The sponsor must be domiciled in the US, but not necessarily living in the US at this time. In the I-864 instructions for the Country of Domicile line, it says that if the mailing address is outside the US, they need to attach an explanation of how they meet the domicile requirement, and this can be done by showing the absence from the US is temporary or that they intend to re-establish domicile in the US no later than when the immigrant immigrates.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by imanjp View Post
          Thanks Tezza, I've got my answer. Thanks for the link, it was super useful.

          May you, or anyone, can help for this as well:

          Since we are living abroad, how about W-2 form or IRS tax script? My wife was taking break for awhile and didn't have income. now she just started her job, but me working. Can I include my bank statements or work certificate showing my income and wages to proof of our income? Hope I explained well.

          Thanks.
          You cannot count your income if it will not continue after you immigrate (and if it's a foreign job, it usually doesn't continue after you immigrate).

          She can count her income if she has already started her job, though I am not sure they would consider it if it's a foreign job.

          As a US citizen or permanent resident, she is subject to US taxes on her worldwide income no matter where she lives, so the fact she's living abroad is irrelevant. She is required to file US taxes a given year if her income that year exceeds a certain threshold, which can be found in the beginning of that year's Form 1040 instructions, in a section called "Do You Have To File?". If she didn't file for one or more of the years because her income was below the threshold, then per the I-864 instructions, she would put "N/A" for the question that asks for her "total income" for that year (Part 6 #24), check the box in Part 6 #25, and attach a statement stating that her income was below the threshold. She should attach her tax return transcript if she was required to file taxes in any of those 3 years, but if she wasn't required to file in all those 3 years, then she doesn't need to attach it.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Originally posted by newacct View Post
            You cannot count your income if it will not continue after you immigrate (and if it's a foreign job, it usually doesn't continue after you immigrate).

            She can count her income if she has already started her job, though I am not sure they would consider it if it's a foreign job.

            As a US citizen or permanent resident, she is subject to US taxes on her worldwide income no matter where she lives, so the fact she's living abroad is irrelevant. She is required to file US taxes a given year if her income that year exceeds a certain threshold, which can be found in the beginning of that year's Form 1040 instructions, in a section called "Do You Have To File?". If she didn't file for one or more of the years because her income was below the threshold, then per the I-864 instructions, she would put "N/A" for the question that asks for her "total income" for that year (Part 6 #24), check the box in Part 6 #25, and attach a statement stating that her income was below the threshold. She should attach her tax return transcript if she was required to file taxes in any of those 3 years, but if she wasn't required to file in all those 3 years, then she doesn't need to attach it.
            Thanks mate, very nice explanation.

            Comment

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