Sponsoring a Relative When You Have Assets but Insufficient Income

I'm a US citizen and the petitioner for my wife. I have two questions, if someone could help.

The first is regarding the I-864A. I've been living in Brasil the past few years. I have been earning both in Brasialian Reais and US Dollars (I have two jobs). My income is sufficient for Brasil but apparently was $300 below the poverty line last year. So we need someone else to fill out an I-864A. We want that person to be my wife because she has assets in Brasil that should bring us over the poverty line, but she won't be continuing her current job in the US. So, I have an income and she has assets, but no job. Are we out of luck? I know I can ask another person, so I'm not asking that. We'd like to keep this just between her and I if possible.

To be fair, we're both well educated and should be able to find sufficient work once in the US. I know we can talk about that at the interview (and we've sent proof that with our application), but we need to get to the interview first.

Regarding domicile, I've only been living in Brasil while my wife finished her PhD. I've always planned to return, but I've been here for four years (I have residency here). I have PO Box in the US, a storage unit contract, a US-based phone number (VoIP is a wonderful thing), obviously bank accounts, and a contract job for part-time work (I work from home). According to the below text, which I grabbed off the State Dept website (http://travel.state.gov/content/visa...questions.html), I think I qualify for domicile, but I'm worried about this. Any suggestions?

"Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the United States and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

He/she left the United States for a limited and not indefinite period of time,
He/she intended to maintain a domicile in the United States, and
He/she has evidence of continued ties to the United States."

If you don't meet the income requirements to sponsor a relative, with or without an I-864A from your spouse, then you're not going to qualify.

The domicile issue is moot.

Thanks. I'm more curious about using her assets for the I-864A and not a job. With her assets we more than qualify.

Why is the domicile issue moot? They sent us a letter saying they're concerned I'm not returning (which is weird considering we're applying). I'm curious why you say that though. Is it just something to not worry about?

Have you considered moving before her and getting a job and establishing a residence?

Yeah, we have, and that's likely to be the case. We're at the end of the process now (last step before the interview), so just kind of hoping this isn't needed for the interview. We were planning on me going ahead by a couple of months anyway just to make the move easier (we have a dog, so it'd be easier for my wife to bring the dog after I've established an apt). But it may seem that I need to move even earlier to help the process itself out.

The bummer is that I was going to go to the interview in Rio with her, but if I'm in the US then that makes that less of a possibility.

- - - Updated - - -

But still wondering if anyone has any suggestions with regards to my specific questions above regarding the I-864A and if the domicile issue really is as subjective as it seems. Thanks...

IMO, it is more important to be established than to attend the interview. That will go well since this is not a new relationship.

Thanks, both disheartening and good to know at the same time.