Domicile and CR-1 Living Abroad

[brevig 28]

Just now, Jorgedig said:

Still unclear.  Can't return to the US?

Sorry, my mind has been spinning in circles.  Yes, return to the US.

 

And to answer the next thing, yes, technically I can return alone.  However, if you've seen the movie "Not Without my Daughter", my movie is  "Not Without my Wife and Step Daughter".

[SalishSea 17,818]

Just now, brevig said:

Sorry, my mind has been spinning in circles.  Yes, return to the US.

 

And to answer the next thing, yes, technically I can return alone.  However, if you've seen the movie "Not Without my Daughter", my movie is  "Not Without my Wife and Step Daughter".

You may have to return before they get visas though.  You cannot use your foreign income to sponsor them.

[brevig 28]

Just now, Jorgedig said:

You may have to return before they get visas though.  You cannot use your foreign income to sponsor them.

My business is in the US and all the money I earn is into my US bank account.  I don't have any foreign income.  I have paid taxes in the states every year since I left in 2014 and have never paid income taxes to any other government nor received payment for work done in cash or any other form.

[SalishSea 17,818]

3 minutes ago, brevig said:

My business is in the US and all the money I earn is into my US bank account.  I don't have any foreign income.  I have paid taxes in the states every year since I left in 2014 and have never paid income taxes to any other government nor received payment for work done in cash or any other form.

Ah, okay.  Sounds like you're set in terms of domicile, but may need a joint sponsor.

[brevig 28]

A question just popped in my head while reading i-864 again.

 

Ok, so if we marry in the US (Utah online), but we aren't in USA, can I claim my new wife/daughter as a dependent when I file taxes?

 

NVM - Just google'd it and no, I can't claim them.

 

2ND EDIT: HR Block said no, but then on the IRS site I found a page dedicated to the topic, and seems like it's very possible. From irs.gov "If, at the end of your tax year, you are married and one spouse is a U.S. citizen or resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident."

Edited August 4, 2021 by brevig

[seekingthetruth 1,246]

5 hours ago, brevig said:

2ND EDIT: HR Block said no, but then on the IRS site I found a page dedicated to the topic, and seems like it's very possible. From irs.gov "If, at the end of your tax year, you are married and one spouse is a U.S. citizen or resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident."

I'm not sure about the "online marriage" part of it, but you certainly can claim your wife if the marriage is recognized by the IRS.  Actually you are not "claiming" her.  You will file as Married Filing Jointly and the way you go about it to file taxes with a W7 and request an ITIN for your wife when you file.

 

For your step daughter, no, she can't be claimed as a dependent.  If they emigrate to the U.S. and she gets a SSN, you can claim her.

 

 

[brevig 28]

22 minutes ago, seekingthetruth said:

you certainly can claim your wife if the marriage is recognized by the IRS

Thanks so much for confirming this.

[Chancy 6,241]

8 hours ago, brevig said:

I filed a I-134 not I-864 and the instructions on I-134 use the word "dependent".  I'm just looking into this now, but it seems that if I do the spousal route it's a different support form I have to file.  So it seems not only does the requirement go from 100% to 125% but also how it's calculated changes?

 

Yes, the requirements for the I-864 are different.  Note also that unlike the I-134, the I-864 will be a legally binding contract with the federal government once your spouse-to-be becomes a permanent resident.

 

8 hours ago, brevig said:

All of my kids are under 18 and unmarried.  The ones she claims are 5 and 8 and I claim the 2 older.

 

Then you must include all your children in your household count for the I-864, even the ones your ex-wife claims as her dependents.

 

There is a separate document with the detailed instructions for the I-864 form.  From page 7 of https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf --

 

"Part 5. Sponsor’s Household Size

[...]

Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns."

 

[brevig 28]

1 hour ago, Chancy said:

even if you do not have legal custody of these children

WOW, now I know.  So I started looking at it more and am having more questions (like if it's using anticipated income that's used, as I'm already well ahead this year from where I was last year, if it's filed later in the stage like fiance, etc).  I'm guessing probably best I save these questions until I'm ready to actually apply and then do a new post.

 

This really shows you that you have to read the instructions.  The question specifically uses the word "dependent" which on ALL other government forms I've ever done a dependent meant someone you are financially responsible for.  I really wish the IRS and USCIS were on the same page as seems a bit unfair.  Only thing I can guess is they are being safe in case the other parent dies and their dependency reverts to you to make sure you'll still have enough.  And WOW, I was so close last year.

[brevig 28]

hahaha, just thought of something, a good friend and business associate of mine has 7 children from 5 different women (all American).  Doesn't claim any as dependents.  He would be really shocked, hahahah

[Chancy 6,241]

9 minutes ago, brevig said:

if it's using anticipated income that's used

 

From your previous posts, you're a business owner.  So did you file as self-employed?  If so, the current annual income you should use for the I-864 is your AGI reported in your federal taxes for the most recent tax year.

 

For salaried employees, their current income listed in the I-864 should be their projected income for the year, calculated from their pay rate and evidenced by an employment document, like a recent paystub or employment letter.

 

[brevig 28]

5 minutes ago, Chancy said:

So did you file as self-employed?

Yeah.  Just still shaking my head though.  IRS should let me claim them as dependents if I have to claim them for I-864 to determine my poverty level placement.  Also, with 7 it's going to be a lot more than the $40k or $41k someone else mentioned.  I might end up having to have a sponsor or wait until next year, as I'm about 25% ahead of where I was last year this time.

[brevig 28]

Sorry, just popped in my head, and back to my k1 issue.  I-134 isn't the same right?  As I only counted it like I did on my taxes, 5 of us total, not 7.

[JeanneAdil 6,491]

On 8/4/2021 at 8:27 AM, brevig said:

Yeah.  Just still shaking my head though.  IRS should let me claim them as dependents if I have to claim them for I-864 to determine my poverty level placement.  Also, with 7 it's going to be a lot more than the $40k or $41k someone else mentioned.  I might end up having to have a sponsor or wait until next year, as I'm about 25% ahead of where I was last year this time.

2 different government agencies

for immigration ,  you have to claim them as they may come to live here (now or later) so  they have to be included

for IRS,  you can't claim anyone without a SS or ITIN

i wish we could as we are supporting his mom and brother back in Morocco (completely) but that is our choice and not in terns of IRS 

and no one said US government is fair

[brevig 28]

17 hours ago, JeanneAdil said:

i wish we could as we are supporting his mom and brother back in Morocco

Yeah, I'm in the same boat, or will be, with her brother and father-in-law.  Trying to help the brother get his own business going to help out.

 

btw, 18-20 years ago I made 2 trips to Morocco, once for 1 month and the other time 3 months.  AMAZING PEOPLE, and going back for the music festival is on my bucket list.