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I-864A / Domicile Help

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  • I-864A / Domicile Help

    I'm a US citizen and the petitioner for my wife. I have two questions, if someone could help.

    The first is regarding the I-864A. I've been living in Brasil the past few years. I have been earning both in Brasialian Reais and US Dollars (I have two jobs). My income is sufficient for Brasil but apparently was $300 below the poverty line last year. So we need someone else to fill out an I-864A. We want that person to be my wife because she has assets in Brasil that should bring us over the poverty line, but she won't be continuing her current job in the US. So, I have an income and she has assets, but no job. Are we out of luck? I know I can ask another person, so I'm not asking that. We'd like to keep this just between her and I if possible.

    To be fair, we're both well educated and should be able to find sufficient work once in the US. I know we can talk about that at the interview (and we've sent proof that with our application), but we need to get to the interview first.

    Regarding domicile, I've only been living in Brasil while my wife finished her PhD. I've always planned to return, but I've been here for four years (I have residency here). I have PO Box in the US, a storage unit contract, a US-based phone number (VoIP is a wonderful thing), obviously bank accounts, and a contract job for part-time work (I work from home). According to the below text, which I grabbed off the State Dept website (http://travel.state.gov/contenthttps...questions.html), I think I qualify for domicile, but I'm worried about this. Any suggestions?

    "Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the United States and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

    Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

    He/she left the United States for a limited and not indefinite period of time,
    He/she intended to maintain a domicile in the United States, and
    He/she has evidence of continued ties to the United States."

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