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I Live with my Foreign Spouse Overseas... Do I Meet the Domicile Requirement?
I am an independent US Citizen volunteer worker working with a couple mission organizations in Malawi, Africa. I have lived in Malawi about 3 years, and am married to a Malawian. My time in Malawi is up in one year, so I would like to apply for my wife's immigration but have a few questions:
First is the domicile requirement for a US Citizen Sponsor. I don't live in the United States at present, so I have to prove domicile and I want to know if what I have is enough. Quoting from the Instructions for I-864, "If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply: 1. You are employed by a certain organization. Some individuals employed overseas are automatically considered as domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by: F. A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary. (I am a missionary, but I am an independent volunteer, working with two 501c3 organizations, not an employee. Do I still count?)
2. You are living abroad temporarily. If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that
you have maintained your domicile in the United States. Examples of proof include:
A. Your voting record in the United States; (I haven't been voting...)
B. Records of paying U.S. state or local taxes; (My state is Texas, and we don't have state or local income taxes
C. Having property in the United States; (I don't own any property, I was renting when I left the US)
D. Maintaining bank or investment accounts in the United States; (I have done this)
E. Having a permanent mailing address in the United States; (I have maintained a mailing address at my brothers house, and everything including my bank accounts, taxes, drivers license etc. go there)
3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending
immigrant’s admission or adjustment of status. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above." (A lot of these don't work - if it takes a year to get her visa, I can't sign a lease. We only have a newborn son, so school is out. I do have a open ended job offer from an old employer, with starting wage and all, for when I arrive back in the United States, also have an agreement written with my parents to stay with them for a while - best I could do for a lease that was variable on time frame)
Ok, so with these details, am I going to have trouble meeting the domicile requirement?
Second, just to be clear in my head on the support side (I read a bunch of forum posts and it seems this is right): I have been volunteering, so my income is way below poverty level. My father is going to combine his income with mine to meet the financial requirement for sponsorship. At first I thought he should be listed as a household member since we will stay at their place initially, but that requires that I stay living with him, I think? So I believe i should do the joint sponsorship instead so I can live elsewhere and still count his income?
Any thoughts on this, primarily with the domicile part since I am presently living overseas and my family will be submitting the packet of info on my behalf in the US very shortly, would be appreciated.
First is the domicile requirement for a US Citizen Sponsor. I don't live in the United States at present, so I have to prove domicile and I want to know if what I have is enough. Quoting from the Instructions for I-864, "If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply: 1. You are employed by a certain organization. Some individuals employed overseas are automatically considered as domiciled in the United States because of the nature of their employment. The qualifying types of employment include employment by: F. A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary. (I am a missionary, but I am an independent volunteer, working with two 501c3 organizations, not an employee. Do I still count?)
2. You are living abroad temporarily. If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that
you have maintained your domicile in the United States. Examples of proof include:
A. Your voting record in the United States; (I haven't been voting...)
B. Records of paying U.S. state or local taxes; (My state is Texas, and we don't have state or local income taxes
C. Having property in the United States; (I don't own any property, I was renting when I left the US)
D. Maintaining bank or investment accounts in the United States; (I have done this)
E. Having a permanent mailing address in the United States; (I have maintained a mailing address at my brothers house, and everything including my bank accounts, taxes, drivers license etc. go there)
3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending
immigrant’s admission or adjustment of status. You must submit proof that you have taken concrete steps to establish that you will domicile in the United States at a time no later than the date of the intending immigrant’s admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above." (A lot of these don't work - if it takes a year to get her visa, I can't sign a lease. We only have a newborn son, so school is out. I do have a open ended job offer from an old employer, with starting wage and all, for when I arrive back in the United States, also have an agreement written with my parents to stay with them for a while - best I could do for a lease that was variable on time frame)
Ok, so with these details, am I going to have trouble meeting the domicile requirement?
Second, just to be clear in my head on the support side (I read a bunch of forum posts and it seems this is right): I have been volunteering, so my income is way below poverty level. My father is going to combine his income with mine to meet the financial requirement for sponsorship. At first I thought he should be listed as a household member since we will stay at their place initially, but that requires that I stay living with him, I think? So I believe i should do the joint sponsorship instead so I can live elsewhere and still count his income?
Any thoughts on this, primarily with the domicile part since I am presently living overseas and my family will be submitting the packet of info on my behalf in the US very shortly, would be appreciated.
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