Domicile issue

[Nick1980 11]

I am a little worried about being able to prove my domicile in the USA. I've read through what they ask for to prove and the only thing I have is bank information. Would I be able to have my mother write an affadavit confirming that we will stay with her until we are able to find work? Also maybe with a copy of her lease, it won't have my name on the lease of course.

[cerebus407 16]

Domicile can be proven a couple of ways. The most obvious is that you live/work in the US currently. If you live outside of the US, you are still considered to be domiciled in the US if you are abroad on US government orders or you are on a long term contract with a US company. If you live abroad and the former situations don't apply, you can still be considered domiciled in the US if you maintain a residence there, maintain US bank accounts, file and pay taxes annually, and/or vote in US elections regularly.

If none of the above applies, then you should move back to the US prior to your spouse's interview to avoid having that issue.

Good luck!

[canadian_wife 1,822]

If none of the above applies, then you should move back to the US prior to your spouse's interview to avoid having that issue.

Good luck!

If the OP was interviewing in Canada then this would be absolutly necessary. However, Montreal is known for being extremely strict about this

OP - are you registered to vote in any state in the US? Have you been being US taxes like you are supposed to?

GOod luck

[Nick1980 11]

If the OP was interviewing in Canada then this would be absolutly necessary. However, Montreal is known for being extremely strict about this

OP - are you registered to vote in any state in the US? Have you been being US taxes like you are supposed to?

GOod luck

I am not registered since I do not vote. I filed only in 2010 as of recently, and have been living abroad in Serbia for one year now. Not sure how strict they are about that.

[canadian_wife 1,822]

About filing taxes? Pretty strict.

Have you worked since 2010? Being a US citizen you are subject to tax on foreign income. This will be apparent when you file the I864, you should probably fix it per your situation.

Good luck

[Nick1980 11]

About filing taxes? Pretty strict.

Have you worked since 2010? Being a US citizen you are subject to tax on foreign income. This will be apparent when you file the I864, you should probably fix it per your situation.

Good luck

For 2011, I was claimed as a dependant on someones taxes, and 2012 I've been living abroad and unemployed.

[Anh map 2,098]

For 2011, I was claimed as a dependant on someones taxes, and 2012 I've been living abroad and unemployed.

Being claimed as a dependent does not absolve you from filing a tax return if you earned above the minimum. If not, you follow the directions on page 8 of the I-864 instructions when completing your affidavit of support.

Time to do some work and make sure that you've got a sufficient amount of proof to establish domicile, etc.

[pushbrk 12,884]

For 2011, I was claimed as a dependant on someones taxes, and 2012 I've been living abroad and unemployed.

Correction to an earlier post. The first 90 thousand or so of foreign income is excluded from taxation but if you have income over the threshold, you must file. For any of 09-11 tax years you were not required to file due to zero income or income below the threshold, you simply hand write, "Not required to file due to income below threshold." instead of the number.

If you have a driver license, bank statements and the intent to live with relatives upon your return, that's good enough for pretty much any Consulate except Montreal.

[Nick1980 11]

Being claimed as a dependent does not absolve you from filing a tax return if you earned above the minimum. If not, you follow the directions on page 8 of the I-864 instructions when completing your affidavit of support.

Time to do some work and make sure that you've got a sufficient amount of proof to establish domicile, etc.

I understand that and my income was 0 so therefore I am not required to file. As for the proof to establish domicile, that is why I am asking. I've reviewed what it requires and am just curious if they are wanting me to provide all of the things they ask for or if some is sufficient.

[Nick1980 11]

Correction to an earlier post. The first 90 thousand or so of foreign income is excluded from taxation but if you have income over the threshold, you must file. For any of 09-11 tax years you were not required to file due to zero income or income below the threshold, you simply hand write, "Not required to file due to income below threshold." instead of the number.

If you have a driver license, bank statements and the intent to live with relatives upon your return, that's good enough for pretty much any Consulate except Montreal.

So let me see if I understand this correctly. The I-864 form (Affadavit of support) is what they look at when they consider "proof of domicile"? I understand about the I-864 and have taken care of it. I was under the impression they want other information to prove domicile.

[pushbrk 12,884]

So let me see if I understand this correctly. The I-864 form (Affadavit of support) is what they look at when they consider "proof of domicile"? I understand about the I-864 and have taken care of it. I was under the impression they want other information to prove domicile.

My first paragraph addressed the I-864 itself. The second paragraph addressed domicile.

[Nick1980 11]

My first paragraph addressed the I-864 itself. The second paragraph addressed domicile.

ok gotcha! Thx for the help.