subject: United States Visa Thailand- Establishing Home on the Form I-134 for an USA Expat [print this page] United States Visa Thailand- Establishing Home on the Form I-134 for an USA Expat
There appears to become some confusion relating to the submitting of an affidavit of support during the US visa application method in Thailand, specifically in terms of the question of your petitioner's residence and exactly where the petition is filed.
Prior to an American citizen can file an I-130 petition on behalf of the loved a single using the United States Citizenship and Immigration Service, he have to be a resident of Thailand for at least a 12 months whilst in possession of the long-term visa, like as being a non-immigrant visa, for instance. Some petitioners truly choose to file their petitions outside with the United States since the processing time is more rapidly in contrast to people filed inside the United States.
To be able to acquire the visa for that alien relative, the American petitioner need to also file a Form I-864, or an Affidavit of Support to show that the petitioner can assistance the immigrant beneficiary at 125% more than the poverty degree. This really is exactly where the issue sets in. In order for a US Citizenship Holder to file a Form I-864, he should have a domicile in the United States, which suggests that he will need to have a legal residence inside the United States to establish his domicile inside the United States in accordance with all the US Immigration and Nationality Act. This might be a rather tricky requirement to comply with for an American expat dwelling in Thailand, particularly when he has not taken care of a legal residence inside the United States. By filing his I-130 petition in Thailand, the petitioner is acknowledging his residence in Thailand, but as a way to file the Affidavit of Support, he should have his domicile within the United States.
The United States Foreign Service has identified the inconsistency along with the Foreign Affairs Manual has given Foreign Service officers the authority to accept an Affidavit of Support or perhaps a Form I-864 from a petitioner who has taken measures to end his domicile in Thailand and also to re-establish his domicile inside the United States in order to manual consular officials in scenario of such circumstances.