In order to file an I-864 the sponsor or joint sponsor must be a resident of the United States. However, sponsors residing outside the United States are not automatically disqualified from being a sponsor if they are able to show that they are temporarily resident outside the United States. Joint sponsors must be resident in the United States to qualify.
How do you define “temporarily“ resident outside the United States?
The sponsor must satisfy the consular officer that he/she has not given up his/her permanent residence in the United States to establish a residence abroad; i.e. he or she has maintained his/her principal residence in the United States with the intent to maintain that residence for the foreseeable future. Lawful Permanent Residents must further demonstrate that they have maintained their legal permanent residence status. The decision will be on a case-by-case basis. The following is a list of the types of employment which is considered meeting the definition of "domiciled" in the United States, if the sponsor has been temporarily working outside the United States. The list also covers a sponsor who is the spouse or son/daughter of a person employed abroad in one of the listed professions.
The list includes, but is not limited to employment by:
- the U.S. government, including the U.S. Armed Forces;
- an American Institution of research recognized as such by the Attorney General;
- an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States or a subsidiary thereof;
- by a public international organization in which the U.S. participates by treaty or status; and
- a person who is performing the ministerial or priestly functions of a religious denomination having a bona fide organization with the United States who is temporarily stationed abroad pursuant to that calling of is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States and is stationed to that calling.
There may be other instances where the sponsor is temporarily residing outside the United States, for example, he or she may be studying or teaching. As stated, the defining factor is whether or not the individual is able to show that his or her residence outside the United States is clearly of a temporary nature and that he or she did not give up his/her residence in the United States to establish a residence abroad.
If you have any questions concerning this issue, please write to the Visa Branch at 5 Upper Grosvenor Street, enclosing a stamped, self-addressed envelope for a reply.
What if I have not maintained a residence in the United States?
If you are acting as a joint sponsor you are required to show that you have maintained a residence in the United States. However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since a child, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a sponsor. In such cases, the question becomes do you intend to reestablish a residence in the United States. If this is indeed your intention and you can prove that you have or intend to re-establish U.S. residence, it may be possible for you to act as a sponsor.
You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in the United Kingdom; for example obtaining a valuation of your property from an estate agent.
As the sponsor, will I have to travel to the United States ahead of my relative to establish residence?
No, it will not be necessary for you to travel to the United States ahead of your spouse/children. However, you will be required to furnish evidence confirming the steps taken to re-establish your residence in the United States, e.g., a letter of employment, rental agreement, purchase of property, a letter from an estate agent in the United Kingdom showing the valuation of your property. Note: Your relative may not enter the United States to take up residence prior to your return to the United States. He or she may travel with you, or follow to join you at a later date
What if I have no intention of re-establishing a residence in the U.S?
In order to file an I-864, the sponsor must be a "resident" of the United States as described above. If you do not maintain a residence in the United States and have no intention of re-establishing a residence, there, I regret it will not be possible for you to act as sponsor. If you cannot act as a sponsor it will not be possible for your relative to qualify for immigration on the basis of an immigrant visa petition filed by yourself.
If I do not meet the U.S. residence requirement, can a joint sponsor file an I-864?
No, if you, as the sponsor, do not qualify because you do not meet the domicile requirement, a joint sponsor cannot be used. The sponsor must first meet all of the requirements of a sponsor, including domicile in the U.S., before there can be a joint sponsor.
Domicile