More questions......ugh

[mikgag 0]

My wife (USC by birth) and I live in Canada and have been married for 7 years. We have 2 children aged 1 and 3. My wife's mother (USC by birth) moved back to the US (San Diego) approx 10 years ago. My wife misses her mother (and her mother misses the grandkids) and wants us (entire family) to move to the US, initially to live with her mother until we find employment and get settled. My question:

In reading the process for the IR-1 Visa for myself, it states that she has to have a US domicile. From the Dept of State website:

U.S. Domicile Is Required

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases

This is from the I-864 FAQ.pdf from the same site:

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

Since we both live here, would we use her mother for the 1-864 as a joint sponsor and say that her mothers house is her domicile(hopefully they'll believe it?), or does my wife actually have to move back to the US without me first?

thanks

Mike

[YuAndDan 153]

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
  
• He/she intended to maintain a domicile in the United States, and
  
• He/she has evidence of continued ties to the United States.
  

An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

• Employment by the U.S. government
  
• Employment by an American institution of research recognized by the Attorney General
  
• Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm
  
• Employment with a public international organization in which the United States participates by treaty or statute
  
• Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination
  
• Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination
  

There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

• Find a job in the United States
  
• Locate a place to live in the United States
  
• Register children in U.S. schools
  
• Make arrangements to give up (relinquish) residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Other thing to keep in mind, that tends to hang people in your situation, You need to file IRS returns every year, even if your income in non taxable, you may be exempt from filing taxes, but not exempt from filing.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

[mikgag 0]

Other thing to keep in mind, that tends to hang people in your situation, You need to file IRS returns every year, even if your income in non taxable, you may be exempt from filing taxes, but not exempt from filing.

How can we file tax returns in a country we don't even live in? I think you misunderstood our situation....

[MargotDarko 0]

Other thing to keep in mind, that tends to hang people in your situation, You need to file IRS returns every year, even if your income in non taxable, you may be exempt from filing taxes, but not exempt from filing.

How can we file tax returns in a country we don't even live in? I think you misunderstood our situation....

Every USC is required to file tax returns no matter where they're living. We have to report our foreign-earned money and then use a form to exclude up to $82,000 USD of foreign-earned money a year.

[mikgag 0]

Other thing to keep in mind, that tends to hang people in your situation, You need to file IRS returns every year, even if your income in non taxable, you may be exempt from filing taxes, but not exempt from filing.

How can we file tax returns in a country we don't even live in? I think you misunderstood our situation....

Every USC is required to file tax returns no matter where they're living. We have to report our foreign-earned money and then use a form to exclude up to $82,000 USD of foreign-earned money a year.

O.K. my fault.....my wife hasn't lived in the US since she was a baby. Her parents moved here shortly after she was born.

[mikgag 0]

bump?

[Yodrak 7]

mikgag,

Sounds almost certain that she does not have US domicile, and will need to get it. She may or may not be required to physically relocate to the USA, some consulates will be satisfied if the USC is actively taking steps to acquire domicile.

Some of the things considered to determine whether or not domicile exists: a place of residence, active bank accounts, driver's license, voter registration, filed tax returns (as already discussed), a job.

Yodrak

O.K. my fault.....my wife hasn't lived in the US since she was a baby. Her parents moved here shortly after she was born.

[meauxna 15]

mikgag,

If you read the DCF Guide and search the DCF Forum, you will find others who are facing the same issue; perhaps you can benefit from their experiences and research.

[mikgag 0]

Thanks alot folks.....my wife is going there for 2 weeks in April, and when she gets back, I think she needs to make a trip to our local consulate to sit down with someone and get some concrete answers.....I hope.