M
mikgag
Guest
My wife (USC by birth) and I live in Canada and have been married for 7 years. We have 2 children aged 1 and 3. My wife's mother (USC by birth) moved back to the US (San Diego) approx 10 years ago. My wife misses her mother (and her mother misses the grandkids) and wants us (entire family) to move to the US, initially to live with her mother until we find employment and get settled. My question:
In reading the process for the IR-1 Visa for myself, it states that she has to have a US domicile. From the Dept of State website:
U.S. Domicile Is Required
You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases
This is from the I-864 FAQ.pdf from the same site:
If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?
No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.
Since we both live here, would we use her mother for the 1-864 as a joint sponsor and say that her mothers house is her domicile(hopefully they'll believe it?), or does my wife actually have to move back to the US without me first?
thanks
Mike
In reading the process for the IR-1 Visa for myself, it states that she has to have a US domicile. From the Dept of State website:
U.S. Domicile Is Required
You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases
This is from the I-864 FAQ.pdf from the same site:
If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?
No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.
Since we both live here, would we use her mother for the 1-864 as a joint sponsor and say that her mothers house is her domicile(hopefully they'll believe it?), or does my wife actually have to move back to the US without me first?
thanks
Mike