My DCF questions - taxes, domicile, the works!!

[Ashes 0]

Hi Everyone!

I’ve been poring over the VJ DCF forums for the past week or so. They have been extremely helpful in helping me find out more about the DCF procedure – thank you to everyone who has shared their experiences/given advice etc.

I’m a USC married to my Pakistani husband for the last (almost) 4 years. We’re expecting our first child in Dec 2009. I’ve been residing in Pakistan since I was 15 – I’m 29 now so it’s been a while! As such, I have a couple of questions regarding the I-184, domicile etc. I’d appreciate it any input anyone would have.

1. It seems that the last 3 years’ worth of tax returns (I think just recently changed to just the latest year?) for the petitioner/USC are required to be submitted with the I-184. I’m no longer working but was working here in Pakistan for the last 8 years and paying taxes to the Pakistani gov’t. My yearly income never exceeded $9,500 and I never filed any sort of tax forms with the IRS (didn’t know I had to!!) or paid any taxes to the US gov’t. Some of the information I’ve gotten from this forum has been conflicting – some people have said they sent in a letter of explanation with their I-184 telling them they didn’t file taxes since they didn’t earn in the US ect. Some said even if you didn’t earn enough to pay taxes to the IRS you still had to FILE them and they went and backfiled for the last 3 years or so. Can anyone verify what I would need to do? Do I owe any taxes based on my income I mentioned above? (Keeping in mind I was paying taxes to the Pakistan gov’t here). And if I do need to backfile, how would I go about doing this?

2. On the main DCF page on this website (http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf ) it says:

"Important Note: A US Citizen living overseas that wishes to complete the I-864 Affidavit of Support for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have a US home/domicile to qualify as a Sponsor for the I-864. In addition to having a US domicile the US Citizen must have continued employement when they move/return to the US. Per the instructions on the I-864, the US Citizen and their spouse's assets may be used to qualify if the income requiment is not met. In many cases however a couple may need to get a joint sponsor to successfully fulfill the requirements on the I-864."

The part in bold – about the US citizen having continued employment when they move/return to the US – is this accurate? I’ve read of so many cases on this forum where the USC planned to find employment post the DCF process i.e. when their spouse had the visa and once they returned to the US. Do I need to show proof of employment BEFORE they grant my husband the visa? That would certainly throw us for a loop and have me move back to the US with my newborn and get a job etc instead of leaving with my hubby as we’d originally planned.

I would appreciate any input anyone would have on this.

Edited September 25, 2009 by Ashes

[riz 0]

Your situation is quite similar to mine, except I moved back to Pakistan in 2006 & still hold valid USA domicile requirements.

When I tried to applied for DCF at ISB US embassy, I have been told by embassy officials that I cannot do DCF as I do not have Pakistani working/resident visa on my USA passport. Hence I had to filed I-130 at NVC for my wife.

Regarding taxes, I am sure you need to do federal tax returns every year regardless where you work. You do not have to pay any thing to IRS in taxes if you earn less then US $80,000 or $82,000/year while working in Pakistan.

Regarding establishing a USA domicile in your case would be a big challenge.

[Ashes 0]

Your situation is quite similar to mine, except I moved back to Pakistan in 2006 & still hold valid USA domicile requirements.

When I tried to applied for DCF at ISB US embassy, I have been told by embassy officials that I cannot do DCF as I do not have Pakistani working/resident visa on my USA passport. Hence I had to filed I-130 at NVC for my wife.

Regarding taxes, I am sure you need to do federal tax returns every year regardless where you work. You do not have to pay any thing to IRS in taxes if you earn less then US $80,000 or $82,000/year while working in Pakistan.

Regarding establishing a USA domicile in your case would be a big challenge.

Riz - thanks for your reply. When did you try to DCF for your wife after having moved here in 2006? I've been living here for more than a decade now and have a Pakistani visa on my original US passport.

As far as domicile in the US is concerned - I do have a US bank account and am a registered voter. This may or may not be enough and I will be working to get further domicile proof as/if needed.

[riz 0]

I waited about a year after moving back to Pakistan to check with US embassy about DCF.

I also have Pakistani visit visa on my USA passport but they had told me visa type has to be resident or work if you want to file for DCF.

[Ashes 0]

I waited about a year after moving back to Pakistan to check with US embassy about DCF.

I also have Pakistani visit visa on my USA passport but they had told me visa type has to be resident or work if you want to file for DCF.

That does throw me for a loop since I also had a multiple entry visit visa. I also have a Punjab domicile certificate, a NICOP, Pakistani ID card, Pakistan bank account as well - from what you're saying it looks like that won't help. I can't imagine why they won't consider that as proof of residence. I will have to check with them on Monday since they're closed now.

Can you shed more light on how you applied for I-130 at NVC for your wife? Were you able to do it through the Islamabad Embassy whilts living in Pakistan or did you have to go back to the US and file it?

[trailmix 77]

The DCF instructions on Visa Journey are a bit misleading, with regard to this statement: In addition to having a US domicile the US Citizen must have continued employement when they move/return to the US

That is not a requirement with regard to reestablishing U.S. domicile. It is a requirement for the I-864 IF the sponsor intends to use their current overseas income on the affidavit of support (for instance if they are working for a company overseas and they will continue to work for that company once they return to the u.s.)

Also, if you can't file DCF you can always file directly to USCIS in the U.S.

As for reestablishing domicile, from the Islamabad U.S. consulate website: (I would also recommend that you read the domicile information on the I-864).

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

Find a job in the United States

Locate a place to live in the United States

Register children in U.S. schools

Make arrangements to give up (relinquish) residence abroad

Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

Edited September 25, 2009 by trailmix

[Ashes 0]

The DCF instructions on Visa Journey are a bit misleading, with regard to this statement: In addition to having a US domicile the US Citizen must have continued employement when they move/return to the US

That is not a requirement with regard to reestablishing U.S. domicile. It is a requirement for the I-864 IF the sponsor intends to use their current overseas income on the affidavit of support (for instance if they are working for a company overseas and they will continue to work for that company once they return to the u.s.)

Also, if you can't file DCF you can always file directly to USCIS in the U.S.

Trailmix - thanks for the clarification regarding continued employment for the USC. My cousin will be co-sponsoring us hence it's good to know that me having employment in the US won't be a prerequisite in order for the hubby to be granted a visa.

Also could you please clarify when you say that if I can't file DCF, I can always file directly to the USCIS in the US? Correct me if I'm wrong but that would involve me traveling to the US and filing from there versus a DCF which I can do from Pakistan?

[trailmix 77]

The DCF instructions on Visa Journey are a bit misleading, with regard to this statement: In addition to having a US domicile the US Citizen must have continued employement when they move/return to the US

That is not a requirement with regard to reestablishing U.S. domicile. It is a requirement for the I-864 IF the sponsor intends to use their current overseas income on the affidavit of support (for instance if they are working for a company overseas and they will continue to work for that company once they return to the u.s.)

Also, if you can't file DCF you can always file directly to USCIS in the U.S.

Trailmix - thanks for the clarification regarding continued employment for the USC. My cousin will be co-sponsoring us hence it's good to know that me having employment in the US won't be a prerequisite in order for the hubby to be granted a visa.

Also could you please clarify when you say that if I can't file DCF, I can always file directly to the USCIS in the US? Correct me if I'm wrong but that would involve me traveling to the US and filing from there versus a DCF which I can do from Pakistan?

You're welcome and I just want to clarify. Different consulates are different. Now, those are the guidelines from the Islamabad Embassy, so one would hope they would stick with them, however it cannot hurt to clarify that with them (regarding not having to return to the U.S.). Especially if you do DCF and have to go in to the Embassy anyway, that would be a good time to chat with them.

There are basically 2 ways to file the I-130. DCF, which you are now already familiar with and sending in your petition to the USCIS in the U.S.

You do not have to be living in the U.S. to file directly with USCIS in the U.S., it's just a different way of filing and where you submit the documents is different - it also generally takes longer.

If you find you cannot DCF also get clarification from them on where you can file your I-130 (ie which address do you send it to) as this is not stipulated in the I-130 mailing addresses.

But, first things first, find out if you qualify for DCF.

Edited September 25, 2009 by trailmix

[Ashes 0]

The DCF instructions on Visa Journey are a bit misleading, with regard to this statement: In addition to having a US domicile the US Citizen must have continued employement when they move/return to the US

That is not a requirement with regard to reestablishing U.S. domicile. It is a requirement for the I-864 IF the sponsor intends to use their current overseas income on the affidavit of support (for instance if they are working for a company overseas and they will continue to work for that company once they return to the u.s.)

Also, if you can't file DCF you can always file directly to USCIS in the U.S.

Trailmix - thanks for the clarification regarding continued employment for the USC. My cousin will be co-sponsoring us hence it's good to know that me having employment in the US won't be a prerequisite in order for the hubby to be granted a visa.

Also could you please clarify when you say that if I can't file DCF, I can always file directly to the USCIS in the US? Correct me if I'm wrong but that would involve me traveling to the US and filing from there versus a DCF which I can do from Pakistan?

You're welcome and I just want to clarify. Different consulates are different. Now, those are the guidelines from the Islamabad Embassy, so one would hope they would stick with them, however it cannot hurt to clarify that with them (regarding not having to return to the U.S.). Especially if you do DCF and have to go in to the Embassy anyway, that would be a good time to chat with them.

There are basically 2 ways to file the I-130. DCF, which you are now already familiar with and sending in your petition to the USCIS in the U.S.

You do not have to be living in the U.S. to file directly with USCIS in the U.S., it's just a different way of filing and where you submit the documents is different - it also generally takes longer.

If you find you cannot DCF also get clarification from them on where you can file your I-130 (ie which address do you send it to) as this is not stipulated in the I-130 mailing addresses.

But, first things first, find out if you qualify for DCF.

Thank you again! I will be finding out on Monday. However, it is definitely a relief to know that I can send my petition to the USCIS in the US from here even if the process does take longer.

[riz 0]

I had filed I-130 at following USCIS

US Citizenship & Immigration Services

P.O. Box 804616

Chicago, IL

but I used to lived in Chicago and have US bank account and physical address in USA.

For you this address might be different.

You can file I-130 at USCIS in USA while living in Pakistan. It normally take 2 to 3 months to get approved. These days I-130 approval are coming quite fast from USCIS.

To establish US domicile, you need to have some of the following

US bank account,

registered voter,

filling tax returns in USA and

physical address in USA.

I had all the above except I used my sister home address as my permanent address in USA. All my mails go to that address. My bank accounts has that as my physical address too.

Edited September 25, 2009 by riz

[Ashes 0]

I've been trying to call the US Embassy in Islamabad but was unable to get through and finally emailed them regarding my eligibility for filing through the US Embassy i.e. DCF. This is the response I got from them:

Thank you for your e-mail. Only those American citizens who are resident in Pakistan may file an I-130 petition at the U.S. Embassy in Islamabad. For one to qualify as a residence, he/she should have either a work or resident visa or a NICOP. Filing 1040 as an overseas resident also helps one meeting the resident status. If you entered Pakistan on a visitor’s visa, you must send your petition to the appropriate USCIS lockbox address in the United States. For more information, please visit http://www.uscis.gov/.

Since I've had a NICOP for the last few years, I would then qualify for DCF which is a huge relief!

Is anyone then able to shed any light on my first question regarding the filing of taxes? (below) I would appreciate any information you may have!

1. It seems that the last 3 years’ worth of tax returns (I think just recently changed to just the latest year?) for the petitioner/USC are required to be submitted with the I-184. I’m no longer working but was working here in Pakistan for the last 8 years and paying taxes to the Pakistani gov’t. My yearly income never exceeded $9,500 and I never filed any sort of tax forms with the IRS (didn’t know I had to!!) or paid any taxes to the US gov’t. Some of the information I’ve gotten from this forum has been conflicting – some people have said they sent in a letter of explanation with their I-184 telling them they didn’t file taxes since they didn’t earn in the US ect. Some said even if you didn’t earn enough to pay taxes to the IRS you still had to FILE them and they went and backfiled for the last 3 years or so. Can anyone verify what I would need to do? Do I owe any taxes based on my income I mentioned above? (Keeping in mind I was paying taxes to the Pakistan gov’t here). And if I do need to backfile, how would I go about doing this?

[Ashes 0]

I've been trying to call the US Embassy in Islamabad but was unable to get through and finally emailed them regarding my eligibility for filing through the US Embassy i.e. DCF. This is the response I got from them:

Thank you for your e-mail. Only those American citizens who are resident in Pakistan may file an I-130 petition at the U.S. Embassy in Islamabad. For one to qualify as a residence, he/she should have either a work or resident visa or a NICOP. Filing 1040 as an overseas resident also helps one meeting the resident status. If you entered Pakistan on a visitor’s visa, you must send your petition to the appropriate USCIS lockbox address in the United States. For more information, please visit http://www.uscis.gov/.

Since I've had a NICOP for the last few years, I would then qualify for DCF which is a huge relief!

Oh boy - I should really learn to wait before I speak. It seems the email was misleading. I finally got through to a real, live person (yes they do exist at embassies!) and they said even if I have a NICOP, I should've entered Pk on either a work or resident visa on my first visit. It doesn't matter how long I've lived in Pk after that - if I entered on a visitor's visa (which I did) this disqualifies me. So, unfortunately, no DCF for me. Sigh . You were right, Riz.

I will now apparently have to file through the USCIS via the lockbox. So before I even begin to worry about taxes and all, can anyone clarify which lockbox I would need to send the petition to? Would it be the state where I last resided in before moving to the US (Virginia) or the state I intend to go back to and have my bank account and US address in (Texas)? The Islamabad Embassy wasn't clear on this and asked me to verify by calling teh USCIS office.

Also here's another question for you guys - I'm due to give birth in 2 months. The person I just spoke to said it would be better if I waited until then and applied/filed the I-130 petition for both my husband and child together (I can't do a Consular Report of Birth Abroad since I haven't lived in the US for 2 years past the age of 14). I would think it would take less time for my child to get approved than the hubby so better to apply for the hubby now since his would take longer. What do you guys think?

Sorry for all the questions. Just when you think you have everything figured out, they throw you for a loop

[Ashes 0]

Can a moderator please move this to the IR-1/CR-1 forum? Thank you.

[trailmix 77]

Well that's too bad about the DCF.

As for which lockbox to file at, I would file to whichever address pertains to Texas, that is where you will be living and that is where your U.S. residence is.

I'm not sure about filing your Husband's application first or not.

As for the taxes, each year there is a cut off amount posted by the IRS which tells you whether or not you are required to file taxes. If you made around $9500 annually the last three years you probably do need to file, the cut off amounts are pretty low. For instance, for a single person filing for 2008 that cut off amount was $8,950.

To find out what the cut off was for each year, google 1040 instructions and then the year, for instance, here are the instructions for 2008. If you go to page 8 you will see a table that has the cut off amounts, dependant on your filing status.

Edited September 29, 2009 by trailmix

[Ashes 0]

Well that's too bad about the DCF.

As for which lockbox to file at, I would file to whichever address pertains to Texas, that is where you will be living and that is where your U.S. residence is.

I'm not sure about filing your Husband's application first or not.

As for the taxes, each year there is a cut off amount posted by the IRS which tells you whether or not you are required to file taxes. If you made around $9500 annually the last three years you probably do need to file, the cut off amounts are pretty low. For instance, for a single person filing for 2008 that cut off amount was $8,950.

To find out what the cut off was for each year, google 1040 instructions and then the year, for instance, here are the instructions for 2008. If you go to page 8 you will see a table that has the cut off amounts, dependant on your filing status.

Trailmix - thank you again for your response. After looking at the USCIS site, I think I will be filing at the following address since I plan to use a courier service from Pakistan and they don't deliver to PO Boxes. I hope that should be fine.

Any U.S. resident petitioner submitting a completed I-130 by courier/express delivery, should use the following address:

USCIS Lockbox

Attn: SAI-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

Can you let me know in this case what I would put in the address field (#2) of the I-130 which asks for the petitioner's address? Would it be my Pk address or an address for me in the US? I know if I'd done the DCF it would've been a Pk address. Additionally, if I'm to list a US address is this where they would send any future correspondence?

Thank you also for your answer to the tax questions. I will look at the website.