Affidavit of Support and Domicile Questions - July 18 appt in Montreal

[Lina Marcela O. 0]

Hello Everyone,

My husband is an american citizen and I am a Canadian citizen. My husband has been living in Canada since 2007 as a Canadian Permanent Resident. He has filed Canadian tax returns but he has not filed US tax returns. As we were filling out his I-864 we noticed that he has to provide information regading US tax returns filed for the last 3 years. Is this going to be a problem even though he did not work in the US at all during the last 3 years? Do we have to file US tax returns before we go for the appointment? Our appointment is on July 18, 2011. Since my husband doesn't have a secured job in the US we have a joint sponsor which is his father. He will be filling out an I-864 form as well and his mom will be filling out an I-864A.

We started the DIRECT CONSULAR FILING (DCF) process almost 2 1/2 years ago and we rescheduled the appointment a few times. After this 2 years we have a 1 year baby and I'm pregnant. We already took our 1 year old to get his US citizenship by filing a born abroad report. My understanding is that since my son gets his US citizenship from his father he will not be considered an immigrant and we don't have to include him in the affivadit of support as an immigrant immigrating with the principal immigrant. Is this correct?

My last question is regarding the US domicile. When we fill the I-864 form for my husband, part 4 asks for my husband's (sponsor) information. We live in Canada so we are putting our Canadian address in this section and where it says country of domicile we are putting CANADA. Is this ok? Should we be using his parents' address in the US as his mailing address and UNITED STATES as country of Domicile? I have read a few different posts regarding domicile but my husband did not intend to go back to the US after he left the US and moved to Canada so he did not keep a US address. I guess that he could put his parents' address. He still has a US bank account and I guess that he could print statements from the internet showing his address in the US. Would he need anything else?

I'm sorry for asking so many questions. I am very confused now and our appointment is in a few weeks.

Thank You,

Lina

[Inky 1,110]

US citizen has to file taxes from anywhere when working. Part of being a US citizen!

You will want to read the pinned topic in the Canada section about proving domicile.

[Nadin 0]

Here is the info about Domicile :

http://www.state.gov/documents/organization/86988.pdf

Evidence that the sponsor has established

a domicile in the United States and is either physically residing there or

intends to do so before or concurrently with the applicant may include the

following:

(1) Opening a bank account;

(2) Transferring funds to the United States;

(3) Making investments in the United States;

(4) Seeking employment in the United States;

(5) Registering children in U.S. schools;

(6) Applying for a Social Security number; and

(7) Voting in local, State, or Federal elections.

[Nadin 0]

Dear Lina,

Please dont worry, the bank account should be ok,according to the law but your husband also has

to provide his parents house as it says in that link i have sent you

Good luck.

[Nadin 0]

http://chennai.usconsulate.gov/pdfs/packet-4/domicileforivsponsors0912.pdf

here is the another link!

Section 213A of the Immigration and Nationality Act requires that the petitioner should

be domiciled in the United States or its territories and possessions. The county of domicile

is the country where you maintain your principal residence and where you plan to reside

for the foreseeable future. In order to file an I-864 Affidavit of Support, your country of

domicile must be the United States.

If the petitioner is not currently living in the United States but his principal abode is in the

United States (i.e., students, contract workers, and non- governmental organization (NGO)

volunteers), the petitioner must prove that he or she:

(1) Departed the United States for a limited, and not indefinite, period of time;

(2) Intended to maintain a U.S. domicile at the time of departure; and,

(3) Can present convincing evidence of continued ties to the United States.

[Lina Marcela O. 0]

Thank you Gala and Inky for your help. I contacted the US Consulate in Montreal and they said that it would be okay for my husband to put his parent's address as hi domicile so that's not one of my worries anymore. I am worried about the income tax returns. They did say that he should file his US tax returns. He would have to file for the last 4 years and with my interview being in 2 weeks we are kind of short on money so I would like to prepare them myself using some kind of software but I am still trying to figure out what to do.

[Anh map 2,098]

Thank you Gala and Inky for your help. I contacted the US Consulate in Montreal and they said that it would be okay for my husband to put his parent's address as hi domicile so that's not one of my worries anymore. I am worried about the income tax returns. They did say that he should file his US tax returns. He would have to file for the last 4 years and with my interview being in 2 weeks we are kind of short on money so I would like to prepare them myself using some kind of software but I am still trying to figure out what to do.

Technically you will need the IRS generated tax transcripts to show proof of filing the late returns. Others here on VJ have been able to move forward with just copies of a filed return. My suggestion is to verify this with the Consulate so you know what you must submit. Is there an IRS "desk" at Montreal or the Embassy in Ottawa? That may help you to get the needed evidence of filing as well.

[Lina Marcela O. 0]

Anh map thank you this information. I guess the first thing that we would need is some software to be able to file the returns.

Do you know of any that we could pay for online that would let us process previous years' returns?

[Anh map 2,098]

Anh map thank you this information. I guess the first thing that we would need is some software to be able to file the returns.

Do you know of any that we could pay for online that would let us process previous years' returns?

Any of the major players (HR Block, TurboTax, etc) should be able to work for you.

[mllover 0]

Hi Lina! I'm in the same exact situation with my husband living in Canada since 2007 and not filing his US taxes and my interview is August 24.

I personally prepared his US tax forms and am now going to file them. My husband is self-employed. Is yours?

Use the IRS.gov website to get the forms and instructions you need. They may vary if he is an employee.

Form 1040 - Individual Tax Return

Form 2555 - Foreign Income Exclusion (to remove his Canadian-earned income from being taxed)

Schedule C - Business Income/Loss - (for self-employed individuals)

** IMPORTANT - to file US taxes and avoid paying US Social Security if he is already paying into CPP (Canada Pension Plan), you submit a copy of

Form CPT-56 from the Canada Revenue Agency to prove coverage. And therefore he will not required to pay Social Security in the US per the tax treaty between the two countries.

Otherwise when you file, you will pay US Social Security for him--at least you will FOR SURE if he is Self-employed. I am pretty sure this applies to employees as well, but I would check it.

You can get a CPT-56 if you are self-employed OR an employee, either way.

Again, I can help you if your husband is self-employed and you can copy what I did. Employee, you might need to do some of your own research.

You may want to consider moving your interview date later to give you time to get form CPT-56 and correctly file the US taxes, I am not sure.

I do not have time to get tax transcripts back for my husband, so I am making a copy of all forms we are submitting and I am going to drive down to the US to file them with him in person in hopes that they give

some sort of receipt to prove they were received by IRS and bring that to the interview with me.

[mllover 0]

Lina, You need to read Pub. 54 Tax Guide for US Citizens Living Abroad

http://www.irs.gov/publications/p54/

That will give you all information about filing late taxes for persons living outside the US.

I just re-read part of it that explains to file at the address in Austin, TX if you are excluding his foreign earned income, etc.

Therefore, to play it safe and file correctly, I think I'll just mail in his returns or courier them for some proof instead of trying to show up in person at an IRS office.

And just take copies of his returns to the interview. That's the best I can do. I won't get a transcript back in time for August.

[skieurmalade 0]

My wife just had an appointment in Montreal and after flying all the way out there from BC she was informed this morning that I must prove domicile in the US. They said once I have this Domicile thing we can just send it via DHL w/ her passport so it sounds like that's it. I haven't been to the USA in 2 years but I have been filing my taxes. If I can prove employment, house, and start a bank account in the US would that be enough to mail in with confidence?

Or should I go further and perhaps actually leave the country without her for a bit or is that not necessary? and WHY ON EARTH couldn't they tell us that before the damn interview?