Re-establishing domicile(merged)

[SiameseCatLover 5]

Hello everyone! I need some help if there’s anyone here with the same problem as me.

 

I am a US citizen, but I have been living abroad for 15 years and went back in 2013 for a wedding and 2017 to take some exams because I was planning on moving back. I got married here and we want to go and live in the States together. I know I had to prove domicile or intent which was hard for me to do because I was a kid when I lived in the US.

As proof I provided: 

- A bank statement of an account I opened up in 2017

- Voting record that I voted in 2020 from abroad

- Certificate that in 2017 I passed an exam that recognizes my university diploma from abroad

- Proof that I quit my job here, bought a book from the States and committed myself on studying for a licensure exam that I am going to take when I move to the States with my husband

All of this was approved by NVC and my husband got an interview in the US Embassy and at the interview he was denied because there wasn’t enough proof of domicile.

 

My question is:

- Which additional documents should I submit to the Embassy?

- And if I do have to go back to the States to obtain this, can I come back here if he gets approved, so we can leave the country together?

 

Thank you! 

[JeanneAdil 6,499]

US tax returns for your time outside the US for your foreign income as required by immigration?

the address were u will live in the US?   Can be with a relative

would be good to have a lease for apartment 

A state DL or state ID

US income or offer of a job here?

u moving ahead to establish residency may be your best option

 

[Redro 4,611]

5 hours ago, SiameseCatLover said:

Hello everyone! I need some help if there’s anyone here with the same problem as me.

 

I am a US citizen, but I have been living abroad for 15 years and went back in 2013 for a wedding and 2017 to take some exams because I was planning on moving back. I got married here and we want to go and live in the States together. I know I had to prove domicile or intent which was hard for me to do because I was a kid when I lived in the US.

As proof I provided: 

- A bank statement of an account I opened up in 2017

- Voting record that I voted in 2020 from abroad

- Certificate that in 2017 I passed an exam that recognizes my university diploma from abroad

- Proof that I quit my job here, bought a book from the States and committed myself on studying for a licensure exam that I am going to take when I move to the States with my husband

All of this was approved by NVC and my husband got an interview in the US Embassy and at the interview he was denied because there wasn’t enough proof of domicile.

 

My question is:

- Which additional documents should I submit to the Embassy?

- And if I do have to go back to the States to obtain this, can I come back here if he gets approved, so we can leave the country together?

 

Thank you! 

Where is your partner interviewing? Different consulates have different standards... people from that country might be able to give you more targeted advice. 

[SiameseCatLover 5]

2 hours ago, JeanneAdil said:

US tax returns for your time outside the US for your foreign income as required by immigration?

the address were u will live in the US?   Can be with a relative

would be good to have a lease for apartment 

A state DL or state ID

US income or offer of a job here?

u moving ahead to establish residency may be your best option

 

I haven’t been paying taxes because I have been living here for 15 years and I was a kid when I lived in the States, I am planning on going to the States and getting an apt, DL, car etc…but after my husband gets approved, will I be able to come back here and leave with him so we aren’t apart for long?

2 hours ago, Kor2USA said:

Where is your partner interviewing? Different consulates have different standards... people from that country might be able to give you more targeted advice. 

Skopje, North Macedonia

[powerpuff 6,697]

~ Topic moved from IR1/CR1 progress reports to process ~

[Chancy 6,241]

3 hours ago, SiameseCatLover said:

I haven’t been paying taxes because I have been living here for 15 years and I was a kid when I lived in the States

 

You may not need to pay US taxes, but you may still be required to file your US tax returns.  As an adult US citizen, you are required to file taxes wherever in the world you reside, unless your worldwide income is below the filing threshold.  For a married person filing separately, the income threshold in 2021 is $5.  Did you make less than $5 in 2021?  If not, you should file your taxes.

 

[SalishSea 17,829]

11 hours ago, SiameseCatLover said:

Proof that I quit my job here,

You will also want to research the income guidelines for sponsoring an immigrant.

[JeanneAdil 6,499]

3 hours ago, SiameseCatLover said:

I haven’t been paying taxes because I have been living here for 15 years and I was a kid when I lived in the States, I am planning on going to the States and getting an apt, DL, car etc…but after my husband gets approved, will I be able to come back here and leave with him so we aren’t apart for long?

Skopje, North Macedonia

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-filing-requirements

 

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

 

u better start filing them now 

 

 

What is the penalty for not reporting foreign income?

 

 

Regulations on Foreign Income

Taxpayers face penalties of up to 25 percent of the tax owed for failure to file and another 25 percent for failure to pay. However, according to recent IRS guidance, taxpayers will not be penalized if they can show reasonable cause for not filing.

[pushbrk 12,882]

Your best and most sure way to overcome the domicile issue is to go back to the USA and lease an apartment.  Then upload evidence you are in the USA and the lease.

 

Tax returns are a separate issue.  You should have already dealt with any need to do that, during the NVC stage.

 

[SiameseCatLover 5]

9 hours ago, Chancy said:

 

You may not need to pay US taxes, but you may still be required to file your US tax returns.  As an adult US citizen, you are required to file taxes wherever in the world you reside, unless your worldwide income is below the filing threshold.  For a married person filing separately, the income threshold in 2021 is $5.  Did you make less than $5 in 2021?  If not, you should file your taxes.

 

Thank you!

[SiameseCatLover 5]

9 hours ago, Jorgedig said:

You will also want to research the income guidelines for sponsoring an immigrant.

Thank you! I have a joint sponsor, the only problem was the domicile issue

9 hours ago, JeanneAdil said:

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-filing-requirements

 

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

 

u better start filing them now 

 

 

What is the penalty for not reporting foreign income?

 

 

Regulations on Foreign Income

Taxpayers face penalties of up to 25 percent of the tax owed for failure to file and another 25 percent for failure to pay. However, according to recent IRS guidance, taxpayers will not be penalized if they can show reasonable cause for not filing.

Thank you!

[SiameseCatLover 5]

6 hours ago, pushbrk said:

Your best and most sure way to overcome the domicile issue is to go back to the USA and lease an apartment.  Then upload evidence you are in the USA and the lease.

 

Tax returns are a separate issue.  You should have already dealt with any need to do that, during the NVC stage.

 

Yes, thank you!

Everything was approved by the NVC, the only problem with the consular officer interview was that there wasn’t enough proof of domicile.

I am gong to the USA and leasing an apartment like you said, but I heard that 6 months is needed to prove domicile. Is this true? Or can I lease an apartment, pay the utility bills the first month and upload the evidence? Because 6 months is a long time…

[pushbrk 12,882]

2 hours ago, SiameseCatLover said:

Yes, thank you!

Everything was approved by the NVC, the only problem with the consular officer interview was that there wasn’t enough proof of domicile.

I am gong to the USA and leasing an apartment like you said, but I heard that 6 months is needed to prove domicile. Is this true? Or can I lease an apartment, pay the utility bills the first month and upload the evidence? Because 6 months is a long time…

No, you don't need to live in the USA six months.  "I heard??"  Where?  Go to the USA, lease and apartment.  Send evidence you are in the USA already and a copy of the lease.

[SiameseCatLover 5]

31 minutes ago, pushbrk said:

No, you don't need to live in the USA six months.  "I heard??"  Where?  Go to the USA, lease and apartment.  Send evidence you are in the USA already and a copy of the lease.

Yes, I will do that, thank you very much! 
After I send in everything and after (hopefully) he gets approved and gets a visa, can I come back here and leave for the USA with him or do I have to be physically in the States until he gets approved?

[Redro 4,611]

16 minutes ago, SiameseCatLover said:

Yes, I will do that, thank you very much! 
After I send in everything and after (hopefully) he gets approved and gets a visa, can I come back here and leave for the USA with him or do I have to be physically in the States until he gets approved?

What sort of plans have you made to relocate to the US? Did you write a letter explaining your situation? Some members have been able to overcome the 221G domicile issue with documentation of searching for a rental or submitting a letter written by family member/friend inviting them to stay at their residence while they search for a new home. They've also overcome the issue by submitting proof of job searches. 

 

You might be able to get your husband's visa approved without moving to the US before him. 

The easiest thing to do would be to move before him and stay in the US. But, you can also try to secure housing while you are still living together and not have to move back before him. 

 

 

Edited April 4, 2022 by Kor2USA