I-130 advice - no address in America so can't complete form

[Marc1982 0]

Hi

I've read areas of the stickies but can't find any advice on our situation so I'm hoping there are others in a similar position or more knowledgeable people who can advise.

I'm Scottish and my wife is American. We live in Scotland and my wife has no friends or family in America (they're all in Scotland as they moved here when she was young).

We now want to move to America so we downloaded the I-130 form.

Our problem is that there is a section asking for the address in America where we intend to live. We don't have anywhere to live arranged yet.

What should we put in this section? I worry that if we put 'TBD' our application will be rejected and we'll lose our filing charge.

Our plan was to get the VISA then go over for a few weeks to arrange accommodation before coming back and finalising the move.

And help would be massively appreciated.

Thanks,

Edited September 19, 2014 by Marc1982

[AnnaMaria 68]

Hmmmm...this situation is tricky, I think there are other people who have encountered a similar issue, but I haven't seen one where the US Citizen had absolutely no friends/family in the states yet.

On the AoS packet part of the NVC phase (which is where you will be going after USCIS) it's going to ask the U.S. Citizen to show proof of domicile in the states.

What information do you think you will be able to provide to show that she has somewhere to live or any ties to the states still?

[AnnaMaria 68]

I also went to the NVC Wiki here and pulled up some of the actual pieces of proof you can provide :

The following is an excerpt from Saylin's NVC wiki page http://www.visajourney.com/wiki/index.php/NVC_Process#Step_4_-_AOS_Package

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

I think it would be a good idea to make sure you can prove that your wife has maintained domicile in the states. If she can prove this, then i'm sure there are thousands of couples who did not get an apartment or house until they actually got to the states and found one.

[Marc1982 0]

Thank you for the reply, Annamaria

My wife has kept no ties whatsoever with the States. She left when she was a kid and has only been back on vacation a number of times but other than that nothing.

She has kept her American passport up to date though.

I really don't know what we can do to show proof of domicile as we simply don't have it. I thought we could explain and show we have the financial means to supports ourselves but the form simply asks for an address.

If we send the application away with TBD as the address what is the likely outcome? If rejected can we apply again? Would we forfeit the filing charge of $420?

Not good :-(

[carolynhotstuff 252]

In order to get the visa the domicile has to already be established. That might mean your wife comes to the United States without you to find a house or apartment sense you have no relatives here. Have your wife call USCIS in America and ask about the I-130 form. You may not need an American address now but you will before the embassy will issue a visa.

If she has no credit record in the United States finding a house or apartment might be a problem. Your best bet is to try and rent from a private owner instead of a company owned apartment complex that runs credit checks.

[Nick&Diane 32]

I can't answer the question regarding the US address on the i130, but I see another problem in the process for you. Once the i130 is approved and your case is forwarded to the National Visa Centre, your wife will have to submit an Affidavit of Support for you. She must financially sponsor you. This is achieved either through a US income or assets. I don't know what the assets must amount to, maybe you can fulfil the financial requirement this way. Otherwise you can identify a joint sponsor (a US citizen), since you have no ties to the US I guess this would be difficult.

My husband had lived in the UK for many years but has family in the US and has lived in the US. This is what we did. Nick moved back to the US and got a job before we filed the i130. Yes you have to spend some time living a apart and it is a significant amount of time, but you can fulfil all the requirements that way.

You could travel out with her on a visa waiver while she finds a job and a place to rent.

Nick returned to the states in July 2013 and got a job. I visited in the August for two weeks and we found our apartment. Nick submitted the i130 in Sept 2013. Since then I have visited another three times for 2 weeks, 3 months and 3 months. I'm hoping to have an immigrant visa by December.

It's been difficult but it will be totally worth it. If you want to move to the US then this is the way to do it.

[scottishlander 5]

Don't sweat it. Tons of people live overseas, get married, and then go through the immigration process.

Just put the city and state you aim to me move to in the box... you can say exact address TBD. Attach a note explaining where you currently live and where you want to go.

Later on there is a domicile requirement. You can still have a domicile overseas and take steps to show your intent to go to the US. You and your spouse can move there at the same time.

Edited September 19, 2014 by scottishlander

[Marc1982 0]

Hey, thanks so much for the replies everyone. I've got further in the last hour than I have over the last few weeks of researching.

Really appreciate it.

[Boiler 46,805]

Has she been filing her tax returns?

My guess is that is something else to get sorted.

The Visa category you are applying for is for Family Reunification, they do not require US residency but you do need to show Domicile.

[Marc1982 0]

Hi Boiler,

No, she has not been filing tax returns. She has not lived in America since she was a child.

Do you think there is a more appropriate form to fill in? I've had a look and none seem to match our requirements fully - the I-130 being the closest match.

I think we will complete and file the form with the city and state we plan to move to but with exact address TBD, as advised above.

We should have fairly significant (well significant to us in the region of $60k) savings that will hopefully satisfy any support requirements. We also hope that'd enable us to secure accommodation in the absence of a credit history.

I don't really see any other options available to us so happy to take advice.

[Boiler 46,805]

Most likely it is your only option, you just need to twealk your current circumstances to comply.

US tax filing requirement is not based on location.

[nightingalejules 678]

As far as filing taxes, check the IRS website for the "streamlined program" for getting up to date with taxes. As someone said, US taxes are based on citizenship not residency, so she will have to file back taxes (for 3 years with the streamlined process).

It should be pretty straightforward, and she can claim the foreign income waiver, so she shouldn't owe anything. But in the next stage of the process, she will have to submit tax returns or transcripts, so she should file now to give them time to process.

As far as the address, TBD is fine for now, but it would be a good idea to decide on a city and maybe book a trip for her to find a place or at least get a mailbox somewhere in that city to list on your later paperwork.

[Marc1982 0]

So she will need to file tax returns despite never having lived or worked in America as an adult?

That isn't something we had even considered so thanks for the info. We'll take a look on the IRS site and do the necessary.

Going over for a fact finding/preparation trip was always part of our plan so hopefully we can find accommodation ahead of the move or at least a mailbox.

This great stuff. Thanks so much.

[Ryan E 10]

So she will need to file tax returns despite never having lived or worked in America as an adult?

Yes, this is a surprise for a significant number of US citizens living abroad, it is also something the IRS is starting to enforce more strictly. Her income should be exempt to about USD 90,000 -- if her income was greater then she will have a tax liability.

[silverjetplane 34]

Also, I would suggest just using an accountant to do the taxes for you. I'm not sure what the advertising policy is on VJ, but I used a tax service I found online and they were able to file my last three returns with no problems at all. The IRS doesn't send any acceptance notification, but within 1 month I was able to access and print my tax transcripts.

In total, I think I paid about $500 for the filing of the back taxes using the streamlined program.

Someone else might want to add any information about where your money physically needs to be. I'm not sure if you can use your assets if they aren't in a US account, but someone else will need to clarify. Basically, use the fact finding mission to quickly try to establish some forms of domicile, i.e. your wife could get a state issued ID or driver's license, register to vote, open a bank account, etc.

Also, sending proof of intention to re-establish domicile would also be good - communicating with shipping companies (and using the printed out correspondence as evidence), contacting jobs or schools (again using the correspondence as evidence), etc.

You'll find the VJ community very willing to help out. Be sure to check out the NVC wiki located here:

http://www.visajourney.com/wiki/index.php/NVC_Process

This step comes after the I-130/USCIS process but it has more information that you might want to start reviewing now so you can be ready for it (re: domicile, taxes, etc.)

Good luck!