Spouse vs Fiancee and Establishing Domicile

[KT & MT 0]

Hey everyone, KT here. I've been with MT for 10 years now, we met here in the Philippines during our schoolyears. We're pretty much like an old married couple at this point.

 

MT is a natural born US Citizen but was raised here in the Philippines by his crazy mom. While he does have an SSN and US passport, his mom never bothered to bring him back to the US or even get him any documents/bank accounts/IDs from there. Now, he's planning on moving back to the US due to the Philippine economy experiencing issues, but the problem is while I have a tourist visa and can visit, I can't likely stay there forever. So now we're thinking of him petitioning me via his citizenship.

 

A hurdle I see for the both of us is him establishing domicile - he's currently employed by an Australian company which pays above minimum wage if we're talking USD. We've decided we can stay with my relatives in California while we get his paperwork set up so that's the matter of the address settled, but I was wondering - what exactly does he need to establish sufficient domicile if he plans on keeping his employment with the Australian company? He's working on a project basis so I believe he's counted as self-employed, but since 1) he's new to the workforce; 2) his income isn't enough to warrant filing taxes with IRS (I'm not sure about this since he was doing the research - he just said he didn't reach the threshold to pay income taxes since he lives abroad?) so it might be doubly hard to provide documents for establishing domicile. Is applying to jobs in the USA enough to establish sufficient domicile?

 

Another question I have is - if we want to be physically apart for the least amount of time (I understand I need to stay here in the Philippines when my visa application is filed since I don't want to risk getting turned away at the turnstiles in LAX) - which route would be better between spouse and fiancee? We're kind of hesitant to get married here because divorce doesn't exist in the Philippines (not that we're planning on divorcing but we just like having the option) but if it makes the application easier, maybe we'll consider going the spouse route. 

 

Any advice is greatly appreciated! Thank you!

[HRQX 4,145]

17 minutes ago, KT & MT said:

2) his income isn't enough to warrant filing taxes with IRS

The filing threshold is very low (i.e. $12,400 in 2020 tax year), so odds are he'll need to file the late returns (if any).

When filing the taxes he'll use Form 2555 (Foreign Earned Income Exclusion) so that he'll either lower the tax bill or not owe the IRS.

17 minutes ago, KT & MT said:

Another question I have is - if we want to be physically apart for the least amount of time

Marry first. Then he should get a job offer in the US and try to file Form I-130 directly at the US Embassy Manila: https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 "If a consular officer in a U.S. embassy or consulate encounters an individual case that the officer believes has need of immediate processing of a Form I-130, the consular officer may, but is not required to, accept the local filing in exceptional circumstances, in accordance with the guidance below."

Edited November 11, 2021 by HRQX

[Crazy Cat 42,032]

5 hours ago, KT & MT said:

Hey everyone, KT here. I've been with MT for 10 years now, we met here in the Philippines during our schoolyears. We're pretty much like an old married couple at this point.

 

MT is a natural born US Citizen but was raised here in the Philippines by his crazy mom. While he does have an SSN and US passport, his mom never bothered to bring him back to the US or even get him any documents/bank accounts/IDs from there. Now, he's planning on moving back to the US due to the Philippine economy experiencing issues, but the problem is while I have a tourist visa and can visit, I can't likely stay there forever. So now we're thinking of him petitioning me via his citizenship.

 

A hurdle I see for the both of us is him establishing domicile - he's currently employed by an Australian company which pays above minimum wage if we're talking USD. We've decided we can stay with my relatives in California while we get his paperwork set up so that's the matter of the address settled, but I was wondering - what exactly does he need to establish sufficient domicile if he plans on keeping his employment with the Australian company? He's working on a project basis so I believe he's counted as self-employed, but since 1) he's new to the workforce; 2) his income isn't enough to warrant filing taxes with IRS (I'm not sure about this since he was doing the research - he just said he didn't reach the threshold to pay income taxes since he lives abroad?) so it might be doubly hard to provide documents for establishing domicile. Is applying to jobs in the USA enough to establish sufficient domicile?

 

Another question I have is - if we want to be physically apart for the least amount of time (I understand I need to stay here in the Philippines when my visa application is filed since I don't want to risk getting turned away at the turnstiles in LAX) - which route would be better between spouse and fiancee? We're kind of hesitant to get married here because divorce doesn't exist in the Philippines (not that we're planning on divorcing but we just like having the option) but if it makes the application easier, maybe we'll consider going the spouse route. 

 

Any advice is greatly appreciated! Thank you!

If you are together, marriage and a CR-1 spousal visa is the much, much better option in my opinion.  Honestly, I don't understand your concern about divorce.  I would advise NOT to mention that to immigration officials.   Besides, a couple married in PI can divorce in the US.  

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Edited November 11, 2021 by Crazy Cat