Spouse I-130 - domicile and income from abroad

[rs2000]

Hello everyone
This forum has been an amazing source of information. I have searched around but did not get the information for my case as it’s very convoluted.

. I am a HK citizen and have lived here for 13 years and work for a US bank here
. I have been married to my wife for 14 years abd have 3 kids aged 13,9,5 years.
. My wife was born in the US and lived there till she was 4. She then moved out and has never lived there again. He family also doesn’t live there anymore.
. My kids are US citizen as we applied through the N600k process and got there citizenship.
. As they grow older, we are now thinking to move to the US. My wife is a stay at home mom. Now for her to apply for my green card, she needs to file I130. Can you please help me with my questions below

1. My wife has never lived in the US after she was 4 years old. How can we establish domicile ? Is carrying an SSN or filing for US tax return enough ( she doesn’t earn so it would be 0) or voting in upcoming elections enough. The problem is that our children are enrolled in international schools in Hong Kong and we can not uproot them to goto the US with my wife alone and then apply for I-130. So please help guide if we can some convince authorities about the domicile

2. Showing the legitimacy of marriage: this should be raat as we have 14 years of marriage , photos , 3 kids and also previous record of N600k applications. Does this suffice ?

3. proof of income support: wife doesn’t work . I do. Can I show my work history and current job earning as I’m one support proof ? We dint have any relatives whose income we can use. If we really need a US income sponsor , can we ask some friend to do that for us ?

4. The problem is that I have a reasonable job here in Hong Kong. For us to move, I need to keep my current job and use this to apply for new jobs in the US. That’s the easiest route without causing financial stress and disturbance to my kids school. But getting a job gets easier if k have green card. For green card we needs I-130 which then Requires US domicile for my wife and income proof m. She can not ki d there all by herself with kids alone. So we really need the I-130 approved so get things moving. I checked and my bank wouldn’t sponsor work visa ( for internal move) in all this cost cutting era.

Please help me with your knowledge and experience for my case
Thanks so much for all the help !

[rs2000]

I would really appreciate if you can help guve some guidance on the questions
thanks !

[verbose]

Reading the I-130 checklist, she only needs proof of US Citizenship - could be birth certificate or unexpired US passport among some other options (look at the checklist.)
Your kids already have US citizenship via N-600K so no work required there - correct? As for using your income, it should be fine as you are a household member.

What is making you think that this is more complicated than that?

[rs2000]

Thanks !
actually the problem is not I-130
its the next step I-864 where we need income and US domicile for my wife.

i earn but my job is in Hong Kong and not in the US
my wife hasn’t lived in US after the age of 4

Do they only accept income earned in the US ? We can try to find a friend to give affidavit of support then ?

The last issue is re establishing her US domicile. Please suggest some minimum steps that can be done from abroad as we really can’t uproot family and leave my job before the actual approval is done

Thanks a lot

[verbose]

Thanks !
actually the problem is not I-130
its the next step I-864 where we need income and US domicile for my wife.

i earn but my job is in Hong Kong and not in the US
my wife hasn’t lived in US after the age of 4

Do they only accept income earned in the US ? We can try to find a friend to give affidavit of support then ?

Income from abroad will be considered, but they will also want to see that the income will continue after you immigrate. So, you will want to consider that aspect also. Also, in case of income shortfall relative to the poverty guideline for your household sizeyou can also use assets to make up the difference. However, these assets need to be liquid enough to be converted to cash within 1 year, and you will need to show that assets can add up to 5 times the shortfall compared to the poverty level. Perhaps having a friend/family member to give affidavit of support would be worthwhile also, and you should consider it if this option is available for you.

Also, please see these points from I-864 checklist:

The last issue is re establishing her US domicile. Please suggest some minimum steps that can be done from abroad as we really can’t uproot family and leave my job before the actual approval is done

Thanks a lot

Especially the last paragraph:

[rs2000]

Thanks for you help ! I really appreciate it

for I130 , is the process totally I seo of I864 ? Can I just start I130 first while I figure out what to tofor income and domicile requirement ?

for income support, I walk for a US bank in Hong Kong , can I say that my employer will hopefully transfer me to US head office once a role becomes available ? My bank isn’t going to give anything to me in writing before I actually get green card and then qualify for a suitable internal transfer so this can all be duo my side only

also if I use a friend for income support , do I need to prove the relationship m/ friendship ? Or a friend just signing affidavit is enough ?

thanks again !

[verbose]

Thanks for you help ! I really appreciate it

for I130 , is the process totally I seo of I864 ? Can I just start I130 first while I figure out what to tofor income and domicile requirement ?

for income support, I walk for a US bank in Hong Kong , can I say that my employer will hopefully transfer me to US head office once a role becomes available ? My bank isn’t going to give anything to me in writing before I actually get green card and then qualify for a suitable internal transfer so this can all be duo my side only

also if I use a friend for income support , do I need to prove the relationship m/ friendship ? Or a friend just signing affidavit is enough ?

thanks again !

1. Yes, you can start I-130 without I-864 and other documents. I-130 is based on your relationship alone. Do check all documents needed for it and plan to include them.
2. I dont think letter only from your end will suffice. If you can get some kind of conditional letter from your employer that you will be eligible to be considered for a intra-company transfer based on the green card, I think it will be helpful. It can contain language like "actual transfer depends on outcome of the interview process and verification of employment eligibility" etc. so the bank has a way out if they don't hire you in US. Also, I think it will be helpful if you can provide good history of work with the bank by way of employment letter and promotions you have had over the years, as well as some recommendations from your superiors (that you are a strong asset to the organization and good worker etc. etc.) will not hurt your chances either.
3. Yes, I-864 joint sponsors can be friends or family members, no problem.

[rs2000]

Thanks a ton

one last question please
is there a validity period for I 130
if we get the approval and there is a Few years gap between Approval and I 864 application , would that cause issues or would I 130 optical expire ?

thanks gain !

[verbose]

There was a case reported here few weeks back for someone whose I-130 approval was withdrawn by USCIS - I think they received a couple annual notices before this happened. The beneficiary was not sure about moving to the US due to his girlfriend not planning/willing to move.

They then had received a letter from USCIS asking them they were eligible to file a motion to reopen the case and the sponsor wanted to know what reason to provide for reopening etc.

You can try searching the archives for some specifics about it if you want.