Proof of Support & Domicile

[mwalker 0]

I am a USC living in Vancouver, Canada and filed for my husband (Candian Citizen) to get K-3 visa back in October, 2008. We filed at consulate in Vancouver and he finally has an interview date in Montreal on the 22nd of Aug.

My biggest concern is proving evidence of support and domicile since I have been living in Canada for the past five years. They ask for 3 years of tax returns but I don't have a US tax return... I am now employed and working in the US and am way above the 125% of poverty requirement. What other documents can I bring to the interview to prove that I meet the support requirement?

Also I am living with my parents at their home and this is going to be our domicile for the time being. What proof do I need to show this? Do we need to bring evidence of our domicile together in Vancouver?

[Chica Yeyé 41]

Living in Canada does not exempt you from filing in the US. However, the IRS is relatively nice for folks in your case (they were to my husband, who taught in Canada and did not file for like 4 years). File late; and in the meanwhile write a letter to the CO in MTL stating why you did not file.

Proof of domicile in this case would be both the one in Vancouver (which leads me to ask you why didn't you file for a CR-1/IR-1 via DCF) and also a written letter from your parents and you, stating you will crash with them for a while.

Best of luck.

[trailmix 77]

I am a USC living in Vancouver, Canada and filed for my husband (Candian Citizen) to get K-3 visa back in October, 2008. We filed at consulate in Vancouver and he finally has an interview date in Montreal on the 22nd of Aug.

My biggest concern is proving evidence of support and domicile since I have been living in Canada for the past five years. They ask for 3 years of tax returns but I don't have a US tax return... I am now employed and working in the US and am way above the 125% of poverty requirement. What other documents can I bring to the interview to prove that I meet the support requirement?

Also I am living with my parents at their home and this is going to be our domicile for the time being. What proof do I need to show this? Do we need to bring evidence of our domicile together in Vancouver?

As Len said, you have to file those taxes.

So you mention you filed directly at the consulate in Vancouver. I assume this means you have to present your I-864 at the interview. You need - at the very least - your U.S. tax return for 2008. You probably won't have it and that will probably hold up issuance of the visa.

When you file, file for at least 06, 07 and 08

I wouldn't worry too much about domicile - because you are already employed in the U.S. - bring proof of living arrangements (letter from parents saying you will both be living with them and that you have agreed on a rental amount) and a letter from your employer as well as some recent pay stubs).

Proof of your domicile in Canada would only count towards proof of relationship - bring a few utility bills in your names for that.

Edited August 13, 2009 by trailmix

[mwalker 0]

Living in Canada does not exempt you from filing in the US. However, the IRS is relatively nice for folks in your case (they were to my husband, who taught in Canada and did not file for like 4 years). File late; and in the meanwhile write a letter to the CO in MTL stating why you did not file.

Proof of domicile in this case would be both the one in Vancouver (which leads me to ask you why didn't you file for a CR-1/IR-1 via DCF) and also a written letter from your parents and you, stating you will crash with them for a while.

Best of luck.

Thank you for your advice.

It has been a long and confusing process. I can't remember what we filed for at this point. I thought it was K3 and we did file via DCF in Vancouver. My husbands letter says that he doesn't need AOS but I am not sure if they are referring to affidavit of support or if they are referring to Adjustment of status.

Also what is CR-1?

[trailmix 77]

CR1 = Conditional Resident

Spousal visa for those married for less than 2 years. The immigrant will have to apply to remove conditions 2 years after they immigrate to the U.S. and if approved they will receive a 10 year green card.

IR1 - Immediate Relative

Spousal visa for those married for more than 2 years. The immigrant will receive a 10 year green card when they immigrate to the U.S.

You can't have applied for a K3, you can't direct file at a consulate for a K visa.

Edited August 13, 2009 by trailmix

[Chica Yeyé 41]

It has been a long and confusing process. I can't remember what we filed for at this point. I thought it was K3 and we did file via DCF in Vancouver. My husbands letter says that he doesn't need AOS but I am not sure if they are referring to affidavit of support or if they are referring to Adjustment of status.

Also what is CR-1?

I know, it is a crazy process. If you filed your I-130 directly in Vancouver, then you filed using DCF (Direct Consular Filing); which results in an immigrant visa that does not need Adjustment of Status; but does require the Affidavit of Support (I know, both initials are AOS )

File those taxes pronto.

[trailmix 77]

I'm just looking at the instructions sent to another DCFer here at VJ and it definately says you must produce an I-864 at the interview.

Do you have all the other documents ready....like the police certificate?

[Chica Yeyé 41]

I'm just looking at the instructions sent to another DCFer here at VJ and it definately says you must produce an I-864 at the interview.

Do you have all the other documents ready....like the police certificate?

Yup, you do need to bring the I-864 in, along with the supporting documents.

[mwalker 0]

I'm just looking at the instructions sent to another DCFer here at VJ and it definately says you must produce an I-864 at the interview.

Do you have all the other documents ready....like the police certificate?

Thank you both for clarifying this info. It helps tremendously. So I have pay stubs from my current employer here in the US and my Canadian tax returns. I can write a letter explaining the situation why I have not filed US tax in the last 3 years. In the meantime I will get a letter from my parents for Domicile and FILE MY US Tax returns for 06-08. How long do you think it will take to get a return receipt from IRS?

Husband has police certificate and medical appointment complete which he will bring with him to interview.

Wow so no adjustment of status is needed to get his PR/Greencard? Does this mean at the interview if all goes well he will get an unconditional Greencard since we have been married for more than two years?

Sorry lots of ?'s

[trailmix 77]

No problem - yes, it means he will be issued an IR1 visa in his passport. The greencard will take a week or two to arrive at your address in the U.S. - after you cross the border.

You may write a letter explaining why you haven't filed U.S. returns - but they will not accept that - unless you have a good reason and the only good reason is if you had little to no income in Canada.

You don't need a return receipt from the IRS, what you do need to do:

Complete and file U.S. returns for 06, 07 and 08.

Keep a copy to take to the interview, including all supporting slips (your Canadian T4's). Yes, take recent pay stubs and a letter from your employer.

I doubt they will want to see your Canadian returns, but can't hurt to take a copy.

Edited August 13, 2009 by trailmix

[Chica Yeyé 41]

Okie dokie, now it makes more sense.

Seems to me you filed for a IR-1 -- coolness!!! he will get his visa stamped in his passport (he has to bring in a Canada XPress Post envelope with him, remember that!) and afterwards, once he is on this side of the moon, he will get his greencard in the mail

Ask away chica, that's what we're here for! (that and being mean to some people )

[mwalker 0]

Okie dokie, now it makes more sense.

Seems to me you filed for a IR-1 -- coolness!!! he will get his visa stamped in his passport (he has to bring in a Canada XPress Post envelope with him, remember that!) and afterwards, once he is on this side of the moon, he will get his greencard in the mail

Ask away chica, that's what we're here for! (that and being mean to some people )

Phew that is awesome, I thought we would have to file Adjustment of Status and then have to go thru a new round of interviews and clearance. I better get to filing my taxes

[trailmix 77]

Okie dokie, now it makes more sense.

Seems to me you filed for a IR-1 -- coolness!!! he will get his visa stamped in his passport (he has to bring in a Canada XPress Post envelope with him, remember that!) and afterwards, once he is on this side of the moon, he will get his greencard in the mail

Ask away chica, that's what we're here for! (that and being mean to some people )

Phew that is awesome, I thought we would have to file Adjustment of Status and then have to go thru a new round of interviews and clearance. I better get to filing my taxes

You know, there is a mention of getting tax transcripts from the IRS for late filing, in the I-864 instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support.

Anyway, I just mention this as you won't have time to get transcripts before the interview, but just be aware that they may require you to get them before issuing the visa (hopefully just the returns plus slips will suffice)

[Carlawarla 1]

mwalker, I'm really confused. Can I just ask you some questions to clarify? You're currently married to a man in Canada. You're living right now in the U.S. and working? Living with your parents? I'm really unsure what kind of visa you're applying for. Is it a K-3? That's the only visa if you're married that you could be interviewed for in Vancouver. If it's an IR-1 then you have to be interviewed in Montreal. Given that, you WILL have to go through the Adjustment of Status once he's in the U.S. Can you help me out? Btw...DCF is if you're both living in Canada and wanting to come back together to the U.S.

[Chica Yeyé 41]

mwalker, I'm really confused. Can I just ask you some questions to clarify? You're currently married to a man in Canada. You're living right now in the U.S. and working? Living with your parents? I'm really unsure what kind of visa you're applying for. Is it a K-3? That's the only visa if you're married that you could be interviewed for in Vancouver. If it's an IR-1 then you have to be interviewed in Montreal. Given that, you WILL have to go through the Adjustment of Status once he's in the U.S. Can you help me out? Btw...DCF is if you're both living in Canada and wanting to come back together to the U.S.

sister Carla, I think they filed DCF when she was living in Vancouver; and returned to the US to establish domicile - this has happened to a couple of DCF filers. The interview will be in MTL. but then again, only the OP can clarify our doubts