Most family-based immigrants and some employment-based immigrants use this form to show they have adequate means of financial support and are not likely to rely on the U.S. government for financial support. To be an I-864 sponsor, you must be “domiciled” in the United States, among other things. This means that you must have your “principal residence” (where you live most of the time) in the U.S. and plan to keep it there for the foreseeable future.
If you live outside the U.S. but claim to be a U.S. citizen, you will need to send in a written explanation and proof of your claim along with your Form I-864. Your claim will only be accepted if you can show that you are working abroad for a company with ties to the U.S. or that you are temporarily living abroad for some other reason.
Americans Who Work Abroad for the U.S. related Companies
U.S. citizens who live abroad but work for one of the following companies with ties to the U.S. will be considered U.S. domiciled:
❖ The U.S. government: This includes not only embassies and consulates, but also the U.S. military and other U.S. agencies.
❖ U.S. research institutions: This includes a set of institutions listed in 8 C.F.R. 316.20 of the federal regulations. It lists the American institutions of research, public international organizations, and designations under the International Immunities Act.
(a)A public international group in which the U.S. is required by law to take part: This includes a list of organizations in 8 C.F.R. 316.20
(b) of the federal regulations and
(c)A U.S.-owned company that works to develop foreign trade and commerce for the U.S. This includes partnerships, registered for-profit or not-for-profit entities, and the parents or subsidiaries of such entities that are involved at least in part in activities related to the exchange of goods and services between the U.S. and a foreign country.
❖ A religious group or group that includes people of different faiths that has an official presence in the U.S. (where the employee is a priest, minister, or missionary).
In some of these cases, but not all of them, “employment” could mean not only full-time, permanent work, but also work under grants, contracts, or other types of services. There is also no strong requirement that this kind of work be the only (or even the main) reason the employee is in another country. The answer will depend on the details of your situation. (Talk to an immigration lawyer to find out if this is true for you.)
As proof, you should send letters from employers on official letterhead. (Employees of U.S. companies should also show proof that their business was started and is owned by them.)
Other U.S. citizens who live temporarily outside the country
U.S. citizens who live abroad will be considered U.S. domiciled if they left the U.S. only for a limited time (however long that time may be) with the intention (at the time of departure) to keep their domicile in the U.S. and if they have kept ties to the country (after their departure).
Immigration officers know that many U.S. citizens who are not employed by companies with ties to the U.S. still move abroad to work on specific projects and plan to return to the U.S. at some point in the future. Students (like those in study abroad programs), contract workers, and volunteers for non-governmental organizations are often in this group. To show that they have kept a home in the U.S., these people should highlight the length of their project as proof that they intended to keep a U.S. home at the time they left the country.
Proof of ties to the U.S. could include
– receipts from storage facilities in the U.S.,
– proof of renewed licenses, subscriptions, or donations to organizations in the U.S.,
– proof of voting in U.S. elections,
– proof of property in the U.S.,
– proof of visits to family and friends in the U.S.,
– proof of receiving mail in the U.S.,
– proof of having renewed a U.S. driver’s license, and statements from bank, mortgage, or other
Other proof could include proof of temporary (not permanent) immigration status in the foreign country and letters from institutions, coworkers, family, and friends.
U.S. Citizens Who Live Outside the U.S.
If you live abroad but are a U.S. citizen, you may still be able to file Form I-864 if you plan to move to the U.S. in the future, either before or after your beneficiary comes to the U.S. For example, if you have written letters to U.S. landlords, quit your job in the foreign country and applied for jobs in the U.S., started a business in the U.S., closed your accounts with foreign institutions and opened accounts with U.S. institutions, and so on, that would be proof of your intent to leave the foreign country and move permanently to the U.S.
Individuals should discuss their employment situation with their immigration attorney on a case-by-case basis. Attorney Raju Mahajan & Associates has been trying to assist individuals in their employment related problems. Our immigration law office provides numerous legal services, including online consultations, which you can have access to from any part of the world.
