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Spouse visa, i-864, Domicile when petitioner has lived outside USA 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 (through the London embassy, not the NVC).
d) We now have a 1 year old son who has become a USA citizen.
e) My wife has maintained USA bank accounts (registered to her mother?s address)and investments, filed her taxes every year 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'll make son two an American citizen before we move).
g) We could transfer funds to the USA fairly easily.
h) Obviously we don?t want my wife to quit her job and we don?t want to attempt to rent/buy property until we know I have the visa.
i0 We own and live in a house in the UK - we intend to rent that out once we move.
i) I'm fairly sure my wife can meet the I-864 financial requirements using our savings.
We are worried that my wife doesn?t meet the domicile requirement and may have trouble showing she intends to re-establish domicile. It seems like a chicken/egg scenario.
Questions:
1. My mother/father in law are happy to sponsor me. I know that we can't use a co sponsor if my wife doesn't me the domicile requirement. But does the petitioner have to be a sponsor? Could my mother in law sponsor me on her own?
2. Do existing American bank accounts and funds count towards domicile, as well as new accounts/funds?
3. Will transferring funds to the USA be enough to indicate intention to establish domicile on it's own?
Many thanks,
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 (through the London embassy, not the NVC).
d) We now have a 1 year old son who has become a USA citizen.
e) My wife has maintained USA bank accounts (registered to her mother?s address)and investments, filed her taxes every year 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'll make son two an American citizen before we move).
g) We could transfer funds to the USA fairly easily.
h) Obviously we don?t want my wife to quit her job and we don?t want to attempt to rent/buy property until we know I have the visa.
i0 We own and live in a house in the UK - we intend to rent that out once we move.
i) I'm fairly sure my wife can meet the I-864 financial requirements using our savings.
We are worried that my wife doesn?t meet the domicile requirement and may have trouble showing she intends to re-establish domicile. It seems like a chicken/egg scenario.
Questions:
1. My mother/father in law are happy to sponsor me. I know that we can't use a co sponsor if my wife doesn't me the domicile requirement. But does the petitioner have to be a sponsor? Could my mother in law sponsor me on her own?
2. Do existing American bank accounts and funds count towards domicile, as well as new accounts/funds?
3. Will transferring funds to the USA be enough to indicate intention to establish domicile on it's own?
Many thanks,
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