Sponsoring my brother (I'm a US citizen, not living in US)

[frankb 0]

Hi all,

I'm hoping someone can help with this. I am a US citizen (born there to Irish parents, non-US citizens), but apart from my first few months of life, and three summers working during my university years, I've never been based in the US.

About 11 years ago, I sponsored my brother for a visa in Dublin, aware that the waiting list was very long, just in case it came in handy uppon maturity. We then promptly forgot about it. Now, the application came through a few months back and since then my brother has become more and more interested in actually seeing this through. We're at the stage of filling in the Affidavit of Support, and I'm seeing big problems!!

Firstly, Tax returns. I've never really been 'domiciled' in US, and so haven't ever filed. Is there any easy way to do this as an citizen living abroad? I presume the US can't charge me tax on my Irish income, if I file..(?)

Secondly, domicile.... It's clear from the above that I don't live in the US. I have read, however, that presenting evidence of intention to move their is sufficient for the authorities. What does showing evidence entail? Does the evidence have to been in-depth? If I were to move, it wouldn't be for many months, so obviously leases aren't signed, and jobs haven't been applied for at this stage.... Is there any other acceptable way to show intention? I've read some embassies (London) couldn't care less about domicile; is this true?

Thirdly, financial support. I own a house in Ireland and gather from the affidavit that this can be used to make up the difference between my US income (which equals zero), and the level required. I think that the house will comfortably fill this gap (or a multiple of it). So does this mean, technically, that with adequately displayed intention to move to US, I can still sign the affidavit based upon my assets alone, without a co-sponsor who is actually currently domiciled in US?

If there were need of a US-based address for processing of paper work etc. or to help with any of the above, I could use that of a friend in Chicago (however, I don't want to have to call on that friend to co-sponsor my brother, simply because it forces him to share details of his income with me, and because the scare tactics the form uses may be off putting (10 year responsibility, must inform government of address changes, can be sued for payment etc.)).

I'm terribly sorry about the long post... Please let me know your thoughts. Thanks, Frank.

[Boiler 45,940]

Firstly, Tax returns. I've never really been 'domiciled' in US, and so haven't ever filed. Is there any easy way to do this as an citizen living abroad? I presume the US can't charge me tax on my Irish income, if I file..(?)

A US Citizen is taxed on their world wide income. There is probably an IRS office associated with the local Embassy. They may be able to point you in the direction of a US Tax Accountant. Not something you would probably want to do yourself. There are double taxation treaties but is does not follow that you owe no tax.

Secondly, domicile.... It's clear from the above that I don't live in the US. I have read, however, that presenting evidence of intention to move their is sufficient for the authorities. What does showing evidence entail? Does the evidence have to been in-depth? If I were to move, it wouldn't be for many months, so obviously leases aren't signed, and jobs haven't been applied for at this stage.... Is there any other acceptable way to show intention? I've read some embassies (London) couldn't care less about domicile; is this true?

The sponsorer has to be US resident, might be an idea for you to move first so this is not an issue.

Thirdly, financial support. I own a house in Ireland and gather from the affidavit that this can be used to make up the difference between my US income (which equals zero), and the level required. I think that the house will comfortably fill this gap (or a multiple of it). So does this mean, technically, that with adequately displayed intention to move to US, I can still sign the affidavit based upon my assets alone, without a co-sponsor who is actually currently domiciled in US?

Depends on the Consulate, I would assume the need for a co-sponsorer

If there were need of a US-based address for processing of paper work etc. or to help with any of the above, I could use that of a friend in Chicago (however, I don't want to have to call on that friend to co-sponsor my brother, simply because it forces him to share details of his income with me, and because the scare tactics the form uses may be off putting (10 year responsibility, must inform government of address changes, can be sued for payment etc.)).

Not a 10 year responsibility, could be shorter, or longer.

Family members seem more common than friends, it is a big ask.

Edited May 24, 2007 by Boiler

[jula 0]

well frankb, the intention of giving the possibility to US citizen to sponsor spouses, children, parents, and siblings has been to unite families. Your case is not along those lines.

Why is domicile so important for I-864? So the government can get money back if beneficiary has used some federal funds.. From that perspective, how much is a house in foreign country worth to the US government?

It would be interesting to see if you can pull it off for your brother.

Good luck...sorry I don't have advice, just coments.

[Yodrak 7]

frankb,

Your intentions with regard to domicile are not clear - do you intend to take up residence in the USA, and make it you primary residence? Or do you just want to make it look as though you intend to?

Yodrak

Hi all,

I'm hoping someone can help with this. I am a US citizen (born there to Irish parents, non-US citizens), but apart from my first few months of life, and three summers working during my university years, I've never been based in the US.

....

Secondly, domicile.... It's clear from the above that I don't live in the US. I have read, however, that presenting evidence of intention to move their is sufficient for the authorities. What does showing evidence entail? Does the evidence have to been in-depth? If I were to move, it wouldn't be for many months, so obviously leases aren't signed, and jobs haven't been applied for at this stage.... Is there any other acceptable way to show intention? I've read some embassies (London) couldn't care less about domicile; is this true?

.....

I'm terribly sorry about the long post... Please let me know your thoughts. Thanks, Frank.

Edited May 25, 2007 by Yodrak

[frankb 0]

Hi Yodrak,

I'm 90% certain of going within the next year. I always intended to live in the US for at least a reasonable period (longer if things worked out there) but had not done anything solid about it. So this new situation with my brother has forced me to address this sooner than I might have otherwise. There is still a small uncertainy, but I wanted to proceed with the application soon, for fear that any deadlines might pass. I'm unmarried, recently single and with no kids, which is probably in my favour. However with the possible need for a co-sponsor, and no relatives in the US to ask (I agree with a previous comment, it is a big ask, usually reserved for family, not friends; although I sincerely doubt my brother would be a burden on US social services etc.), I'm not sure if it's worth pursuing, now.

Anyway, just a couple of further questions:

If we were to proceed now, would I be required to attend the embassy interview with my brother, of would they just want to speak with him alone?

What's the deadline for filling in and returning an affidavit, following it's issue. 6 months, a year? Can I extend the deadline (for example, to wait until I go to the US and proceed from there)?

Thanks all, for your points/comments; I really appreciate it.

Frank.

frankb,

Your intentions with regard to domicile are not clear - do you intend to take up residence in the USA, and make it you primary residence? Or do you just want to make it look as though you intend to?

Yodrak

[Yodrak 7]

Frank,

I don't know that you'd be required to attend a visa interview with your brother, but if they have any questions for you (e.g. with regard to your domicile) the issues could be dealt with more quickly if you were present.

The DoS will hold a case open for a reasonable period of time - I can't define for you what is 'reasonable', it's their call - if time is needed to respond to their information requirements. At some point they will consider the case abandoned if there is no action on the part of the visa applicant to pursue the application.

You should possibly be asking your questions of a US immigration attorney, preferably one who has experience with domicile issues.

Yodrak

Hi Yodrak,

I'm 90% certain of going within the next year. I always intended to live in the US for at least a reasonable period (longer if things worked out there) but had not done anything solid about it. So this new situation with my brother has forced me to address this sooner than I might have otherwise. There is still a small uncertainy, but I wanted to proceed with the application soon, for fear that any deadlines might pass. I'm unmarried, recently single and with no kids, which is probably in my favour. However with the possible need for a co-sponsor, and no relatives in the US to ask (I agree with a previous comment, it is a big ask, usually reserved for family, not friends; although I sincerely doubt my brother would be a burden on US social services etc.), I'm not sure if it's worth pursuing, now.

Anyway, just a couple of further questions:

If we were to proceed now, would I be required to attend the embassy interview with my brother, of would they just want to speak with him alone?

What's the deadline for filling in and returning an affidavit, following it's issue. 6 months, a year? Can I extend the deadline (for example, to wait until I go to the US and proceed from there)?

Thanks all, for your points/comments; I really appreciate it.

Frank.

frankb,

Your intentions with regard to domicile are not clear - do you intend to take up residence in the USA, and make it you primary residence? Or do you just want to make it look as though you intend to?

Yodrak

Edited May 30, 2007 by Yodrak

[Boiler 45,940]

I have never heard of a Sibling attending an interview, sometimes spouses but that would not be that common.

Edited May 30, 2007 by Boiler