Petitioner must be domiciled in the U.S ?

[M.Diz 0]

Hello everyone,

I'm a US citizen living in Belgium for almost my whole life. I was thinking about filling an i-130 form for my daughter, but then I relized that I'll have to be domiciled in the US in order to fill the i-864 AOS form. A relative of mine who lives in the states, also a USC offered that he can be the joint sponsor. My question is do I still have to be domiciled even though I won't be my daughter's sponsor or even fill the i-864 form ?

Thanks

[aleful 1,905]

Hello everyone,

I'm a US citizen living in Belgium for almost my whole life. I was thinking about filling an i-130 form for my daughter, but then I relized that I'll have to be domiciled in the US in order to fill the i-864 AOS form. A relative of mine who lives in the states, also a USC offered that he can be the joint sponsor. My question is do I still have to be domiciled even though I won't be my daughter's sponsor or even fill the i-864 form ?

Thanks

if you don't live or plan to live in the US soon, then there is no purpose of filing for your daughter. you must live in the US for her to come. also, you are the sponsor because you are the petitioner and MUST file the i864, you can have a joint sponsor, but you have to prove to the US Government that your daughter won't become a public charge.

how old is she?

[tob187 11]

It depends on your daughter age if she younger that 18 you will have no problem bringing her visit the US embassy for details they will accommodate you and help you with all your needs people here sometimes give bad advise good luck

[Anh map 2,098]

Hello everyone,

I'm a US citizen living in Belgium for almost my whole life. I was thinking about filling an i-130 form for my daughter, but then I relized that I'll have to be domiciled in the US in order to fill the i-864 AOS form. A relative of mine who lives in the states, also a USC offered that he can be the joint sponsor. My question is do I still have to be domiciled even though I won't be my daughter's sponsor or even fill the i-864 form ?

Thanks

The petitioner is always the primary sponsor and files an I-864. That means showing your US tax returns (US taxes on worldwide income with an ~$90,000 foreign income exclusion to prevent double taxation).

It would be great to have tob187 give some support to his/her suggestion about the domicile question. That could be helpful to other VJ members as well.

Edited July 17, 2012 by Anh map

[M.Diz 0]

My daughter is 19, sorry for not mentioning that.

I'm not planning to live the US right now, due to conflicts with my current job in Belgium, I'll certainly be moving to the states some time in the upcoming years. I didn't know that'll I still be filling the AOS when I have a joint sponsor, so it's good to know.

[ceadsearc 516]

The point of bringing a family member to the US is family reunification. If you aren't living there, there is no point in the eyes of USCIS of your daughter being granted an immigrant visa. So yes, you will have to live there at least for awhile. Otherwise you can petition her in the future if you decide at that point to live in the US but once she turns 21 the wait gets much, much longer.

[aaron2020 11,651]

It depends on your daughter age if she younger that 18 you will have no problem bringing her visit the US embassy for details they will accommodate you and help you with all your needs people here sometimes give bad advise good luck

Especially new people on this forum.

His daughter's age has nothing to do with this. It doesn't solve his domicile issue. It doesn't solve any issue of derivative citizenship. And it doesn't solve any of the other requirements for his daughter to immigrate to the US.

The US Embassy is not his lawyer. The US Embassy is not going to advise him what to do.

[aaron2020 11,651]

Hello everyone,

I'm a US citizen living in Belgium for almost my whole life. I was thinking about filling an i-130 form for my daughter, but then I relized that I'll have to be domiciled in the US in order to fill the i-864 AOS form. A relative of mine who lives in the states, also a USC offered that he can be the joint sponsor. My question is do I still have to be domiciled even though I won't be my daughter's sponsor or even fill the i-864 form ?

Thanks

When did you move to Belgium? Almost your whole life is vague. Precise dates matters when it comes to immigrating to the US.

I will address three issue that may be relevant to you; 1) domicile, 2) US tax returns, and 3) derivative US citizenship. I will try to help you address each of them.

As the petitioner, you must have a US domicile or establish one by the time your daughter immigrates to the US. This is a requirement of the I-864 Affidavit of Support.

Solution: You move to the US with your daughter. You file a petition for your daughter. When it comes time to file the I-864, you move forward with establishing a US domicile. You lease an apartment for yourself and your daughter. You open a US bank account. You send out your c.v. to prospective US employers. These actions along with other acts you might take will help establish your intent to have a US domicile prior to your daughter's admission to the US as an immigrant. You fly home to the US with your daughter when she immigrates to the US. You help her get established in the US for a short time.

Nothing prevents you from moving back to Belgium if you are also a Belgium citizen. You could move back at any time. You could move back to Belgium within a month, a week, or a day. (Get it???? )

But most importantly, you are not abandoning your US domicile. You are maintaining your US domicile. A US citizen can maintain a US domicile and temporarily live and work abroad. Temporarily can be elastic; it could be a few weeks or a few decades. Your intent is to return - that's all the law requires for you to maintain a US domicile.

While the issue of you maintaining a US domicile may not matter after your daughter immigrates to the US, it might be an issue if you are challenged as to whether you established a US domicile in the first place. A real good way of proving that you are maintaining a US domicile is for you to exercise your right to vote as a US citizen. After registering to vote in the district based on your US domicile, you can request an absentee ballot be sent to you abroad. Nothing like voting in your local elections to prove your intent to maintain your legal domicile.

Your green card daughter can stay in your apartment.

US citizens are required to file US tax returns on their worldwide income no matter the source. As a US citizen, you are required to file US tax returns on your Belgium income. The I-864 requires that you file US tax returns. It does not require you to pay US taxes.

Since Belgium has one of the world's highest income tax rate, you will likely owe nothing in US taxes since Belgium income taxes are higher than US taxes. The US will not double tax you. The Belgium income tax is treated as a non-refundable credit against your US tax obligations. For example: You paid $20,000 in Belgium income tax. Your US tax obligation is $15,000. You have a Foreign Tax Credit of $20,000. Your final US tax obligation is reduced to zero.

Solution: Just find a qualified US accountant to file US tax returns for the last three years.

An ancillary issue of the requirement to file US tax returns is that you or your Joint Sponsor must earn enough to insure that your daughter will not become a public charge (i.e. live off the US taxpayer, live on social welfare programs, etc.). Your joint sponsor can meet this requirement. It would be wise not to discuss or speculate on your return to Belgium to take up your job as it hurts on the domicile issue and serves no purpose to help your daughter on the I-864.

(Yeah, I didn't say it was easy. I will vouch that this is completely legal to the letter of the law. Situations and circumstances change all the time.)

Last issue - derivative US citizenship for your daughter. The only reason I am bringing this up is because the state "almost my whole live" is vague.

Your daughter is 19 years old. At this point, the only way she can claim US citizenship is if she derived it from you upon her birth. If you lived in the US for at least 5 years (2 of which were after age 14) prior to her birth, then she is a US citizen. You would need to register her birth at the US Embassy, and she can apply for a US passport.

Edited July 18, 2012 by aaron2020