I-864

[daisylynn 0]

#15 on I-864 asks for country of domicile. Am I suppose to put US, since that is where I am trying to prove domicile? Or am I suppose to put Canada, where I currently reside?

[YuAndDan 153]

Yes US if you did not give up you need to prove you did not give up domicile. If you did give up US domicile, you put your current domicile country, and provide evidence that you are in the process of re-establishing US domicile like a signed lease agreement, a job offer, etc...

In many cases of DCF, the US Citizen moves back to the USA shortly after filing the I-130 to the consulate, and re-establishes domicile so that by the time the interview happens they do not have domicile issue.

Also in most DCF cases the couple will use a joint sponsor to deal with the job loss that happens when moving to the USA.

finally, US citizen must provide past year's IRS return, US citizen may be exempt from paying tax on foreign income, but are not exempt from reporting the income to IRS by filing a return every year.

[MargotDarko 0]

#15 on I-864 asks for country of domicile. Am I suppose to put US, since that is where I am trying to prove domicile? Or am I suppose to put Canada, where I currently reside?

Definitely put US and not Canada.

[daisylynn 0]

Yes US if you did not give up you need to prove you did not give up domicile. If you did give up US domicile, you put your current domicile country, and provide evidence that you are in the process of re-establishing US domicile like a signed lease agreement, a job offer, etc...

I did give up domicile. Putting canada won't cause problems?

finally, US citizen must provide past year's IRS return, US citizen may be exempt from paying tax on foreign income, but are not exempt from reporting the income to IRS by filing a return every year.

I thought if you made under a certain amount you didn't have to file. Now I'm confused. I made $0 and didn't file. Anyone know?

Margot-So even if I gave up domicile, I put US? That's what I was thinking. Thanks.

[YuAndDan 153]

Yes US if you did not give up you need to prove you did not give up domicile. If you did give up US domicile, you put your current domicile country, and provide evidence that you are in the process of re-establishing US domicile like a signed lease agreement, a job offer, etc...

I did give up domicile. Putting canada won't cause problems?

finally, US citizen must provide past year's IRS return, US citizen may be exempt from paying tax on foreign income, but are not exempt from reporting the income to IRS by filing a return every year.

I thought if you made under a certain amount you didn't have to file. Now I'm confused. I made $0 and didn't file. Anyone know?

Margot-So even if I gave up domicile, I put US? That's what I was thinking. Thanks.

Putting Canada WILL cause problems because US Citizen CANNOT file I-864 if they do not have US Domicile in most cases. They do allow US Citizens with non-US domicile to file I-864 but in a very specific cases, such as if living abroad working for the US government.

You may want to read the Domicile section of this document: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

This is why I make the strong suggestion that the US Citizen of the couple move back to the USA and re-establish domicile before the visa interview.

If income was zero, or below the line set by IRS, you need to provide a note indicating this and site the IRS rule that you were exempt from filing a return.

Edited January 17, 2008 by YuAndDan

[daisylynn 0]

Putting Canada WILL cause problems because US Citizen CANNOT file I-864 if they do not have US Domicile in most cases. They do allow US Citizens with non-US domicile to file I-864 but in a very specific cases, such as if living abroad working for the US government.

Sorry, I must have misunderstood. I thought you were saying if I gave up my domicile, to put Canada down as the answer.

If income was zero, or below the line set by IRS, you need to provide a note indicating this and site the IRS rule that you were exempt from filing a return.

Ok good. That's what I did

Thank you.

[MargotDarko 0]

Domicile is actually pretty hard to give up unless you have no way of claiming a US address. Maintaining a couple US bank accounts and permanent US address (ie, parents' house or other relative) is really all it takes. Also, for DCF through Canada, your US domicile will be less closely examined than through other countries such as China or the Phillipines.

If you have no US address to use, closed all your accounts, let your driver's license expire, and are not registered to vote, you may have a problem with domicile. But you should still put US and then correct the situation by taking serious steps to establish residency in the US - such as applying for an apartment lease and putting down the reservation fee.