Final Questions

[Marina-Del 10]

Hello again...

DCF forum is going pretty slow lately isn't it? Let's kick it up guys!!!

Anyway....

Interview is less than a month away and I'm getting all of the last minute stuff in order. Pretty sure we have everything already, just got to get it all together. I have several questions and was hoping that someone could answer. Some of them pertain only to the Rio Consulate and others to any consulates, so here we go!

1) The order of documents for Rio is listed on the "embassy information" page here on VJ. Does that order apply to DCF filers too? Because when I looked at it, it seemed like some of the things did not apply to us (but rather to K1s). Should I try to follow that order as closely as possible.

2) We paid when we filed the I-130 a fee of $355 in January. Do we need to pay another fee at the interview. If so, how much is it? And please tell me we do not need the receipt from that first payment because I lost it!

3) Rio doesn't have same day pickup for the visa...can they mail it to us? Or do we have to pick it up later ourselves?? I hope they mail it!

4)As far as domicile goes does this list sound sufficient or should I work on getting some more things, and if so, what?:

a) rental agreement with our names on it starting on July 1st (6 days after we arrive in the US)

b ) 2 Western Union receipts (Oct 2009 and March 2010) of me sending money home to pay my bills in the US

c) 3 bank statements from my US account from March 2006, October 2009, and January 2010.

d) The Bill of Sale from my car in the US (mom couldn't find the title...but oh well).

e) My car insurance card from 2010...plus printouts from Progressive showing I pay car insurance on my car every month

f) Vehicle Registration Renewal Notice from November 2009 (paid)

g) All of the things listed above also have my US address as well as my name printed on them

h) Letter from my University enrolling me in classes for summer school 2010 (starting July 6, 2010...10 days after we arrive).

i) A letter from the GA Department of Revenue saying that I paid my taxes and will get XX amount back form the state.

j) An unexpired GA Drivers License with GA address

I really think that's probably more than enough, but what do you guys think?? Is there something I'm missing?

I think that's all the questions for now, but I'm going through the stuff again so I'll post again if questions 5, 6, 7...come to mind!

Thanks!

[Marina-Del 10]

5) Mom did not fill out I-864 with Capital letters, (as the instructions state you must). She typed, but in lowercase...will this be a problem?

[Marina-Del 10]

6) Tried to search for an answer to this, but didn't find one. I-864, Part 4, Question 15. "Country of Domicile". Do I write Brazil or United States. I am clearly saying that I have continued my domicile in the United States while I have lived in Brazil, so what do I write???? Help! Should I keep it as Brazil and then say "please see Attachment 1" or something with an explanation of how it was a temporary change and explain how I have maintained my permanent domicile in the US?

Edited March 29, 2010 by Marina-Del

[Marina-Del 10]

7) I am registered at my job here in Brazil making less money than I make in actuality. I am registered as making $600 a month, but I really make a lot more than that. In Brazil, while this is obviously not legal per se, it's very very very common for employers to do. They do not do this at my request, but rather my employer didn't give me any other options. Anyway, based on what I am making "on the books", I did not need to file US taxes in 2009. Plus, in 2009 I wasn't registered at all, so technically I didn't legally make anything...hence not declaring my income here in Brazil for my US taxes. On my 2009 taxes it says I was a "housewife" which is what I did do until August mostly, minus giving one or two classes a week for almost nothing. But after August I started working full time as a teacher, but I was not registered, so as far as written things go, I was still not working. Firstly, what is the limit of what we are allowed to make abroad without declaring it on taxes? Secondly, does the consulate here in Rio even care about this type of stuff? If I say the wrong thing will they tell the IRS?

Basically I need to know what I should put on the I-864, Part 6, question 23. Should I put my "annual income" as the income that I am making registered at work here in Brazil and if they ask about why I didn't declare this on the taxes tell the truth as my Brazil work card says and say that I didn't start working there until March 2010. Or should I put my real annual income and then if asked when I started working there respond in March 2009 (which is really when I started working there!). Help again!

[kristinakiko 0]

I'm not sure about any of the other questions, but here in Tokyo for your question number 2, they told us yesterday when we dropped off our I-130 that we'd have to pay another fee at husband's interview. So I'd prepare some money just in case!

[Marina-Del 10]

I'm not sure about any of the other questions, but here in Tokyo for your question number 2, they told us yesterday when we dropped off our I-130 that we'd have to pay another fee at husband's interview. So I'd prepare some money just in case!

I thought I'd heard that too...so new question: how much is it!? Thanks!

[kristinakiko 0]

They didn't say! Mysterious

[birdnerd 5]

Probably the $400 immigrant visa fee. Probably also $70 for processing AoS.

Good luck!

[trailmix 77]

Lots of questions there, I'll answer a couple.

First, domicile, what exactly are you proving? There are different types of domicile for U.S. immigration purposes.

1. You are physically living there, or are the majority of your time.

2. You left temporarily - think 1 month away, but still have your home, job etc kind of thing.

If neither of those fit your situation, you need to prove you are reestablishing domicile - not that you are domiciled. You haven't said how long you have been living abroad, so I can't add much more than that.

As for the income. Each 1040 for each year tells you what the cut off is for having to file a return, depending on how you file (married filing separately etc). So the answer to your question is there, just google 1040 2008 for instance and have a look at that year's instructions.

If you are over the limit then you have to file the return, per the instruction on the I-864.

Edited March 30, 2010 by trailmix

[Marina-Del 10]

Lots of questions there, I'll answer a couple.

First, domicile, what exactly are you proving? There are different types of domicile for U.S. immigration purposes.

1. You are physically living there, or are the majority of your time.

2. You left temporarily - think 1 month away, but still have your home, job etc kind of thing.

If neither of those fit your situation, you need to prove you are reestablishing domicile - not that you are domiciled. You haven't said how long you have been living abroad, so I can't add much more than that.

As for the income. Each 1040 for each year tells you what the cut off is for having to file a return, depending on how you file (married filing separately etc). So the answer to your question is there, just google 1040 2008 for instance and have a look at that year's instructions.

If you are over the limit then you have to file the return, per the instruction on the I-864.

Hey, thanks for your response.

Well, I guess I'm proving "reestablishing domicile". As I'm applying DCF, I have to have lived abroad for AT LEAST 6 months and I have to be a Legal Resident of this country (Brazil). Those are the rules of DCF! But in my case, I've been in Brazil since January 2009 and a legal resident since August 2009.

So, in this case, that's reestablishing domicile right?? On the instructions for the I-864 it says to reestablish domicile you should show things such as, a rental agreement, bank statements, proof of filing taxes, proof of voting, ect. I have all of that (minus the proof of voting, my parents tried to get an official copy of that because I DID vote, but were unable to!). Plus I have a letter from my Uni saying I'm coming back in July and all the information about my car! And receipts showing I've been sending money home to keep up my car and pay my other bills, like my student loan (which's receipt is included in both my 2009 and 2008 taxes). And all of this mail that I have is addressed to me, at my "permanent address" in the United States. So 1) is that enough to reestablish domicile in the US and 2)what do I answer on the domicile question on the I-864...Brazil or USA?

As far as 1040's go and limits on what you are allowed to make abroad, I'll have to take a look at that tonight after work. I DID file 2009 taxes but only for what I made in the US between January 1 and January 24, 2009 before I moved to Brazil. As far as records go, once I arrived in Brazil I made no money for the rest of the year, as my work did not register me until March 2010 (even though technically I started working there in March 2009). So legally (ie...on Brazilian W2's), I made 0.00. Which is why I didn't declare anything on my US taxes about that. So, since I declared no income, I guess if they ask me if I worked in 2009, the answer is no. Right?

And for what to put as my annual income now. Do I put down $600 x 13 (13 month years here) since that is what I am registered as making, or do I put down my actual income (that $600 registered plus what the school actual pays me but doesn't want to have to pay the Brazilian gov't for). I know these situations are a bit confusing as these types of things are totally unheard of in the states, but this is a very normal Brazilian practice. And while it might not be good, I have no choice in the matter. So sorry if the fact that my employers are not being truthful with the Brazilian gov't offends you!!

PS. I'm pretty sure that once I look at the levels for declaring income abroad I didn't go over the monetary amount to file anyway, but I'll take a look tonight. In the meantime, any idea about the remaining questions and the others posted in this post??

[Marina-Del 10]

To recap...lots of questions still unanswered!

1) Totally unanswered...any ideas??

2) Okay, we've established that there IS a fee...but what is it??

3) Answered here: http://www.visajourney.com/forums/topic/249473-brazil-filers/page__gopid__3836078entry3836078

4) Still unanswered!

5) Unanswered, but I'm just going to retype it all in CAPITAL letters, so other than being curious as to what you think, I guess it doesn't matter.

6) Totally unanswered!

7) Partially answered...I'm going to just tell them what I legally worked and leave out the parts of the illegal/unregistered work. Seems safer...

So people! Anyone have answer to questions 1, 2, 4, and 6???

Please!

[Marina-Del 10]

UPDATED

To recap...lots of questions still unanswered!

1) Totally unanswered...any ideas??

2) Answered (we think!) here: http://www.visajourney.com/forums/topic/249623-total-fee-for-cr-1-visas/

3) Answered here: http://www.visajourney.com/forums/topic/249473-brazil-filers/page__gopid__3836078entry3836078

4) Still unanswered!

5) Unanswered, but I'm just going to retype it all in CAPITAL letters, so other than being curious as to what you think, I guess it doesn't matter.

6) Totally unanswered!

7) Partially answered...I'm going to just tell them what I legally worked and leave out the parts of the illegal/unregistered work. Seems safer...

So people! Anyone have answer to questions 1, 4, and 6???

Please!

[elmcitymaven 9,712]

I can have a go at 4 and 6.

4 -- as trailmix said, you are re-establishing domicile. Your list of proof looks really good to me! I would type up a letter to the Immigrant Visa Unit to include with your papers on the day explaining what steps you are taking to re-establish, listing each of these documents, and how they towards re-establishment. I had a dummy letter I posted on here recently; I'll see if I can dig it up.

6 -- domicile HAS to be USA. Let me repeat: domicile HAS to be USA. Sorry to bang on about it, but there is no way that your I-864 will be accepted without you being domiciled in the US. Even if you are in the process of re-establishing domicile, put down USA. There was a woman going through London a few years back (she was not a VJer, but her postings on another board were linked here) who put UK. It caused her no end of hassle. Maybe it was an idiot CO, who knows, but you don't want to deal with that doo-doo if you can avoid it. Back when I was wondering the same thing, I think it was payxibka or zyggy who made this clear to me, and I'm passing it on to you now. When we went to the interview, the CO did look at this line on my I-864 and asked me where I was domiciled. I said "the US" and she said "good."

And 5 -- My mom also did hers in sentence case (i.e. not all caps). Wasn't a problem, but might not be the same for Rio.

Hope this helps!

[Marina-Del 10]

OMG, thank you that helps so much!!! I agree with the lowercase thing as well and think it probably wont be a problem. But since it's not such a huge deal to just type it all out again (luckily the signature page is by itself in just their text and my moms siggy), so I'm just going to type it out again in CAPS to be on the safe side.

Thanks so much for the definite answer about domicile. They make it a bit confusing don't they! We must be legal slightly long-term residents of this country, but we must be domiciled in the US! Confusing!! But thanks...now I know for sure to put the USA so thank you thank you thank you!!!

And thanks about confirming that my domicile list looks good as well. I will write out a cover letter and put it all in there. Thanks!!!

Okay guys...that just leave question #1 to be answered...and possibly a confirmation that we do indeed have to pay a $470 fee at the interview.

So question 1 (again):

The order of docs listed for interview on the RIO embassy page on VJ is also correct for DCF-ers?

[elmcitymaven 9,712]

The fee is $400 -- the extra $70 is paid only by CR1/IR1 applicants filing via the NVC for I-864 processing. Another little goodie for DCFers is that we don't pay it, making DCF the fastest and cheapest way to get a green card. (Go us!) I believe the $400 is broken down -- $355 for the visa, $45 for a security fee on top -- but you pay it as one fee.