Domicile - Proving living abroad temporarily

[RavenMinio 0]

Hello there, I had a question about proving I was living abroad temporarily for the domicile requirement for the I-864. I'm a good bit away from the NVC stage (Filed I-130 for CR-1 visa back in Nov), but want to make sure I have everything ready. I moved to the Netherlands to be with my husband 2 years ago, and we decided to stay until he finishes his schooling, and then move to the US. Currently I don't have a home of my own in California, but we had planned to stay with my family there for a few months until we find a place of our own.

 

Here's the current proof I planned to give them:

* My cars and motorbikes are registered and stored at my parent's house

* Renewed my California drivers license - address is registered as my parent's house as well

* Voted in 2020 California primary

* Filed taxes in California for year 2018

* Kept my debit account open at my parent's address, use it occasionally for sending things to family in the US

* Permanent employment offer from same company I am currently working for, but at their US branch

* Letter from my parent's to say we will be staying at their home

 

Will this be enough to prove I was only gone temporarily to satisfy the I-864 domicile requirements? Thanks very much for your help!

[SorrowL 138]

All of that sounds like good evidence of temporary residency. Add a signed statement you’ll be moving to the US with your spouse if you plan on doing it that way. Do note that any income you made in NL will not be recognized on an I-864. If you wish to be the only sponsor without needing a joint sponsor, you’ll need to move to the US earlier, and work, or have sufficient assets (65,000-70,000 USD). If you have a joint sponsor with enough income, you could probably help your spouse move and travel with your spouse at time of admission for the CR/IR-1.

 

Depending on your marriage date, he may get an IR-1, as if he enters the US after your second marriage anniversary, entry class should be lifted to IR-1 from CR-1.

 

welcome to the site! Fill in your Visa Timeline when you got the time! 

Edited January 21, 2020 by SorrowL

[RavenMinio 0]

Ah, I didn't realise the income wouldn't count - is that still true even if I keep working for the same company? Position and duties are the same, just will be for their US branch instead, and a change from contractor to employee. 

 

EDIT: If it helps, the employment offer I got from them includes the notes above, and salary amount, stating I would start working for them upon moving.

Edited January 21, 2020 by RavenMinio

[SorrowL 138]

6 minutes ago, RavenMinio said:

Ah, I didn't realise the income wouldn't count - is that still true even if I keep working for the same company? Position and duties are the same, just will be for their US branch instead, and a change from contractor to employee. 

 

EDIT: If it helps, the employment offer I got from them includes the notes above, and salary amount, stating I would start working for them upon moving.

A guaranteed employment notice may be usable, but someone else will have to clarify it, as I’m not super well versed in the I-864 process. 

[RavenMinio 0]

My company said they were willing to draw up an employment contract I could sign as well if needed, currently it's just a notarised offer of employment from the owner of the company. Thanks for the help! 

[SorrowL 138]

3 minutes ago, RavenMinio said:

My company said they were willing to draw up an employment contract I could sign as well if needed, currently it's just a notarised offer of employment from the owner of the company. Thanks for the help! 

I wish I could help further! You can also include assets you have and the assets of your principal immigrant on the I-864. So if your savings, and the savings from your spouse add up together, it can also be acknowledged. Evidence must be provided for all asset claims. 
 

Rules and requirements CAN change regarding the I-864. 

[MBKT 21]

Indeed income abroad will not count, but I have read several messages on the forum here, and also looking at the I-864 instructions that it will probably be accepted if you can show your employment will continue when you are back in the US. 

Also see the instructions document, page 7/8 (https://www.uscis.gov/i-864)

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

 

We are in the same position, my wife will probably be able to keep working in the same job, but relocate back to the US, but if that is not accepted we should also be able to qualify based on assets. 

[Rachel & Ghassan 3]

Just to note, I would also file 2019 tax returns as soon as you are able to. I'm in a similar situation as you so part of proving you are still upholding your duties as an American citizen is filing taxes. Also, you may want to have a joint-sponsor just in case or move a couple of months before him in order to provide pay stubs, etc. Good luck

[NikLR 13,232]

If the income will continue from the same source (aka same company) you can use that income. 

[RavenMinio 0]

That's great news, thanks everyone! Really appreciate the help

[markwebb 5]

@RavenMinio did you file the taxes in the US or from Netherlands ? also did you write a cover letter explaining why you're backfiling taxes. 

[RavenMinio 0]

1 hour ago, markwebb said:

@RavenMinio did you file the taxes in the US or from Netherlands ? also did you write a cover letter explaining why you're backfiling taxes. 

From the Netherlands, so sent it via post from here - I wasn't backfiling them, filed them on time for both state and federal. I worked part of the year (1 week) in the US in 2018, so still had a W2 then. Will be filing my 2019 taxes in the next few months. 

Edited January 22, 2020 by RavenMinio

[markwebb 5]

thanks

 

[Just Paul 4,595]

19 hours ago, RavenMinio said:

My company said they were willing to draw up an employment contract I could sign as well if needed, currently it's just a notarised offer of employment from the owner of the company. Thanks for the help! 

So on our petition they counted my income as USC (that would be after moving back) as it was going to continue from the same company, just from the US.  They accepted a letter stating so.

[B&C2017 123]

19 hours ago, NikLR said:

If the income will continue from the same source (aka same company) you can use that income. 

She said she currently works as a contractor for the NL branch and will become an employee at their US branch (external employee vs. future internal employee, new contract).

I‘d therefore assume that she might not have the same company paying her current salary. How would that affect the „continuous employment“?

 

In case she does get payed already by the future US employer but through the NL branch and with a temporary contract, I guess your statement would be 100% correct, right? The external vs. internal won‘t make a difference (also I think external employees tend to have higher salaries than internal ones).