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I-864 domicile requirements, petitioner has lived in UK for 12 years

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  • I-864 domicile requirements, petitioner has lived in UK for 12 years

    Hi,

    Here is our situation:

    a) I'm British (applicant), my wife is American (petitioner).
    b) We got married in 2006 in the USA and have lived in the UK ever since (my wife has become a UK citizen)
    c) We wish to move to the USA together, we have completed I-130 and DS-260 for my visa application.
    d) We now have a 1 year old son who has become a USA citizen.
    e) My wife has maintained USA bank accounts (at her mother's address in Colorado), investments and voted in most national USA elections.
    f) It's not practical for my wife to move to the USA before me, she is pregnant with our second son, we think we'll have the baby in the UK and then move (we plan to give our second son USA citizenship before we move).
    g) My wife works in a good UK job and would be on full maternity pay when we plan to move, it would be foolish for her to resign. We have checked, she can receive maternity pay while being located in another country.
    h) We could transfer money to her USA bank account without any issue (we are planning to anyway when we move)
    i) We own property in the UK which we live in, we plan to rent it out when we move.
    j) When we get to the USA, we plan to temporarily move in with my mother in law until we find somewhere to live
    k) We are financially solvent and I am likely to find work in the USA extremely quickly (I work in IT).

    I'm not sure my wife can meet the domicile requirement. She can't quit her job, enrol our kid in any school or realistically reside in or obtain property before we travel there.

    I've been reading the I-864 FAQ here:


    Questions:
    1. The I-864 FAQ here seems to say that anyone can be a sponsor if they are a US citizen. It also says you can't have a co-sponsor if you don't meet the domicile requirement. My mother in law is willing to sponsor, can my wife be a petitioner and not a sponsor?
    2. Doe my wife meet the domicile requirement by continuing to have a bank account there (which we use) and voting?
    3. If my wife must meet the domicile requirement, how else could she meet it? Could she open more bank accounts, transfer money?
    4. Will she have to move before me?

    Many thanks

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