I'm so lost.. really need help pls!!!!

[Ning 619]

Thank you j&ana. I'll consider that. I would love to move back before my husband but I got some health issue that my husband's concern. He is the one who doesn't want me to move back by myself. Like I said for us that would be our last option due to my health We will continue looking for a joint sponsor. I also put the land in Thailand for sell which should be enough to get us to the minimum require which is about 60 k.

Thank you for your advice. I really appreciated.

There is a lot that is unknown here but keep in mind your husband will arrive and soon have a green card which could produce income. The embassy will not accept forecasted income but it could be a factor if a plan is expressed to them possibly at the interview.

Has he begun a job search? Does he speak English?

If he couldn't find a job due to circumstances he could consider going to school.

That type of planning helped us during our difficult case and made the interview very easy.

[j&ana 363]

This from international tax attorneys:

Most states in the United States define residency based on a persons domicile. Domicile, in general, is the place which an individual intends to be his or her permanent home and to which such individual intends to return whenever absent.

An individual can only have one domicile at a time. Once a person acquires a domicile, he/she retains that domicile until another is acquired. A change of domicile requires: 1) abandonment of a prior domicile, 2) physically moving to and residing in the new locality, and 3) intent to remain in the new locality permanently or indefinitely. If a person moves to a new location but intends to stay there only a limited time (no matter how long), their domicile does not change.

Domicile is not dependent on citizenship. However, a United States citizen shall not ordinarily be deemed to have changed domicile by going to a foreign country unless it is clearly shown that such individual intends to remain there permanently.

So when this is read its clear that domicile is not simply a principal residence nor does she really need one. There is a lot of info about this here on V J.

ok Edited January 18, 2015 by j&ana

[Ning 619]

Thank you so much once again Ning. I'll consider that. Moving back is my last option but I'll If I have to. Right now I've all my mail send to my friend's address. She said that I got a voting card which it's going to help. The reason I didn't sell the land so I can use it to be domiciled. Also hoping to count as an assets..

I saw people saying about writing up some 6 months plan. Would help a lot If I could have some guideline or sample since I've no idea about how to write it.

There are many U S citizens that lived in Thailand long enough to file DCF. That means they have a situation similar to yours. Problem of domicile , income & ability to support proving that its possible to overcome the problems. Each one of those cases were unique as is yours.

Your plan shouldn't be too hard to determine once you begin. I assume the idea is to travel together to the USA. I suggest you begin the plan based on the interview date or something close to that. Explain briefly how you will begin life in the USA such as where you will live, probable employment ect. Explain what your husband will do to begin his new life. Include a budget based on your income. If he is going to go to school indicate where. His possible job prospects, research he has done into this.

You may or may not have this domicile problem. Keep in mind that your land has a U S address. I don't suppose anyone except you knows what is on that land at that address. Why bring it up?

[j&ana 363]

There are many U S citizens that lived in Thailand long enough to file DCF. That means they have a situation similar to yours. Problem of domicile , income & ability to support proving that its possible to overcome the problems. Each one of those cases were unique as is yours.

Your plan shouldn't be too hard to determine once you begin. I assume the idea is to travel together to the USA. I suggest you begin the plan based on the interview date or something close to that. Explain briefly how you will begin life in the USA such as where you will live, probable employment ect. Explain what your husband will do to begin his new life. Include a budget based on your income. If he is going to go to school indicate where. His possible job prospects, research he has done into this.

You may or may not have this domicile problem. Keep in mind that your land has a U S address. I don't suppose anyone except you knows what is on that land at that address. Why bring it up?

Undeveloped Land will not have an address until it is develop. It will have a lot number. I am not sure if that is enough for an address. That is I why do not know if the land by it self will prove residence. However I believe the op mention friends house so that should be ok.

[NikLR 13,227]

undeveloped land has an address. It may only be it's lot number but in reality when you buy a home, you buy the land and all developments upon it. That's why on a title or when you make an offer for a home it includes this lot number.

You can use this land as an asset. It needs to be appraised and any money you owe on it (mortgage) subtracted from the appraisal value, and that is how much you have in assets. Assets do NOT have to be liquid but they must be able to be made liquid within a year. You cannot use the home you reside in or your only car but everything else if fair game including 401k etc... Some assets are easier to prove than others. Foreign assets are much harder to use than domestic.

[j&ana 363]

undeveloped land has an address. It may only be it's lot number but in reality when you buy a home, you buy the land and all developments upon it. That's why on a title or when you make an offer for a home it includes this lot number.

You can use this land as an asset. It needs to be appraised and any money you owe on it (mortgage) subtracted from the appraisal value, and that is how much you have in assets. Assets do NOT have to be liquid but they must be able to be made liquid within a year. You cannot use the home you reside in or your only car but everything else if fair game including 401k etc... Some assets are easier to prove than others. Foreign assets are much harder to use than domestic.

yes it will have the lot number on the title. I meant I was not sure if she could use that as a place of residence if is undeveloped land, since it will not have a complete address and only a lot number. If it is ready for a house to be built on it then it is consider developed land and it will have a complete address even if no house is on it yet Edited January 18, 2015 by j&ana

[Boiler 45,557]

The definition of domicile that matters is the one that the Consulate use.

[USAUSA 1]

I did not know that. In that case finding a joint sponsor will be best, or like you posted if you have enough cash . I hope everything will be good for you and your husband.

I really hope that they give us sometime to work on Affidavit of support. We were talking about saving up some cash for like a year and a half to come up with the different or sell my land in Thailand. If we're lucky, we might be able to find a joint sponsor. Right now what we're concern is the timeline because we're already got an approved from USCIS. Will we be able to find an evidence of financial support in time?

When I moved to Thailand in the end of 2013. I got a joint sponsor but last year he didn't make enough so I couldn't show his pay stub. We found out about that after we're already start the process.

[j&ana 363]

I really hope that they give us sometime to work on Affidavit of support. We were talking about saving up some cash for like a year and a half to come up with the different or sell my land in Thailand. If we're lucky, we might be able to find a joint sponsor. Right now what we're concern is the timeline because we're already got an approved from USCIS. Will we be able to find an evidence of financial support in time?

When I moved to Thailand in the end of 2013. I got a joint sponsor but last year he didn't make enough so I couldn't show his pay stub. We found out about that after we're already start the process.

I had heard you could delay the process a little. I do not know for sure as I am going thru this process to. the only difference I am not doing DCF

Is there a reason you do not want to sell your land here/ It seems you might get more for it ,and maybe use a friend or family address

Edited January 19, 2015 by j&ana

[USAUSA 1]

This from international tax attorneys:

Most states in the United States define “residency” based on a person’s “domicile.” Domicile, in general, is the place which an individual intends to be his or her permanent home and to which such individual intends to return whenever absent.

An individual can only have one domicile at a time. Once a person acquires a domicile, he/she retains that domicile until another is acquired. A change of domicile requires: 1) abandonment of a prior domicile, 2) physically moving to and residing in the new locality, and 3) intent to remain in the new locality permanently or indefinitely. If a person moves to a new location but intends to stay there only a limited time (no matter how long), their domicile does not change.

Domicile is not dependent on citizenship. However, a United States citizen shall not ordinarily be deemed to have changed domicile by going to a foreign country unless it is clearly shown that such individual intends to remain there permanently.

So when this is read its clear that domicile is not simply a principal residence nor does she really need one. There is a lot of info about this here on V J.

For Domicile, I'm planning to write a letter to show that my principle residence is in the US. The list of supporting documents are.

A letter from the bank (or a bank statement) showing that I have an account in the US.

A credit card statement showing US billing address.

A driving license showing US billing address.

A land under my name.

A Voting card.

Before I moved back to Thailand. I changed the address on my driver license to my friend's address. Also some of my mail will go to her address. She is also going to write a welcoming letter say that we can stay at her place when we arrive. I hope that would be enough to get us through.

A

[USAUSA 1]

There is a lot that is unknown here but keep in mind your husband will arrive and soon have a green card which could produce income. The embassy will not accept forecasted income but it could be a factor if a plan is expressed to them possibly at the interview.

Has he begun a job search? Does he speak English?

If he couldn't find a job due to circumstances he could consider going to school.

That type of planning helped us during our difficult case and made the interview very easy.

I plan to sell the land in Thailand but this will take sometime, so hopefully we have everything ready when he is going for an interview.

My husband is from Northern Europe. English is not his mother tongue but he can speak pretty good english. He is an assistant sales manager. We both sign up for a careerbuilder.com, so they send us a job that we may be interested in based on our resume and application. I know that this is not going to guarantee that we'll get a job but it's a small step to show that we're working on it.

The most important thing is put all the puzzle together and show Consular the picture. How he presents us and make the consular believe in the story. That's not going to be so easy in our case but thanks to all you guys help. I can start believing again that we can do this. Also help us to prepare and be ready. Of cause we still need all the help we can get LOl Thank you so much once again Ning.

Anyway what if we both got a job offer before we arrive? Do I need to show that I can support him still?

[USAUSA 1]

There are many U S citizens that lived in Thailand long enough to file DCF. That means they have a situation similar to yours. Problem of domicile , income & ability to support proving that its possible to overcome the problems. Each one of those cases were unique as is yours.

Your plan shouldn't be too hard to determine once you begin. I assume the idea is to travel together to the USA. I suggest you begin the plan based on the interview date or something close to that. Explain briefly how you will begin life in the USA such as where you will live, probable employment ect. Explain what your husband will do to begin his new life. Include a budget based on your income. If he is going to go to school indicate where. His possible job prospects, research he has done into this.

You may or may not have this domicile problem. Keep in mind that your land has a U S address. I don't suppose anyone except you knows what is on that land at that address. Why bring it up?

Yes, our plan is going back together. Thanks for all the guidelines. I'll start working on this now.

[USAUSA 1]

I had heard you could delay the process a little. I do not know for sure as I am going thru this process to. the only difference I am not doing DCF

Is there a reason you do not want to sell your land here/ It seems you might get more for it ,and maybe use a friend or family address

I would love to sell my land in US. The only reason I want to keep it is to show the Consular that I have some assets for Domicile or for Affidavit of support. If it's not going to help in both cases, I'll put it for sell asap. I'm using my friend's address since I already changed my driver license to her address. Also my mail is going to her place.

[USAUSA 1]

undeveloped land has an address. It may only be it's lot number but in reality when you buy a home, you buy the land and all developments upon it. That's why on a title or when you make an offer for a home it includes this lot number.

You can use this land as an asset. It needs to be appraised and any money you owe on it (mortgage) subtracted from the appraisal value, and that is how much you have in assets. Assets do NOT have to be liquid but they must be able to be made liquid within a year. You cannot use the home you reside in or your only car but everything else if fair game including 401k etc... Some assets are easier to prove than others. Foreign assets are much harder to use than domestic.

Thank you NLR. I'll see what will be the best option for us since I have to change it to my name and get it appraised. Is it better to sell it? I got this piece of land from a tax auction. I did a mistake on biting on my friend's number. I thought that I won't be in US to take care of the paperwork mind as well bit on his name. I've been doing this for the past 4 years and never got anything but the interest Lol

[j&ana 363]

I would love to sell my land in US. The only reason I want to keep it is to show the Consular that I have some assets for Domicile or for Affidavit of support. If it's not going to help in both cases, I'll put it for sell asap. I'm using my friend's address since I already changed my driver license to her address. Also my mail is going to her place.

Then you will not need it for domicile as you could use your friend address you also have a bank account to use to help prove. An address and a bank account in the usa is pretty good. I think you should sell the land here, I think you could get more. Of course I am just assuming as I do not know what type of land you have here or in Thailand

Edited January 19, 2015 by j&ana