Reestablishing Domicile and I 864 Affidavit

[KMG 125]

Hello Everyone!

 

I am hoping to get some ideas on domicile and I-864. My husband and I are still going through the I130 process (filed on December 23).  I am trying to prepare for reestablishing domicile, and the I 864.  I am living with my husband here in Honduras, and we plan on leaving when he has his visa at the same time.   I have been working at an international school for the last 6 years and have been using the foreign tax credit when filing my taxes.  I have a permanent address in the US and a voting record.  I am wondering if I will have to start paying taxes again (no more tax credit)  or just use my tax forms as proof that I have filed. My current income is above the poverty guidelines.  I also have a Last Will and Testament with my husband's name on it. I also own a car in the US.

 

Is there anything else I may need to prove domicile?

 

I am also starting a small business and I am wondering if a business tax ID and fictitious name establishment can be used as evidence. In addition, my husband already has the possibility of employment.

 

Any insight is helpful.

[JeanneAdil 6,484]

You will need a joint sponsor as foreign income does not qualify for sponsorship of visa

 

any US state ID would help but owning property and/or having a US lease will provide what u need

[KMG 125]

19 minutes ago, JeanneAdil said:

You will need a joint sponsor as foreign income does not qualify for sponsorship of visa

 

any US state ID would help but owning property and/or having a US lease will provide what u need

Thank you! Yes I still have a driver's too.

 

[pushbrk 12,860]

18 minutes ago, KMG said:

Thank you! Yes I still have a driver's too.

 

You can always solve the domicile issue by searching for jobs, finding an apartment etc.  Your tax returns are all you need to show you've been filing your taxes.  You need to show the "total income" from the past three  years when the time comes.  That's going to be zero, for all three years.  If you are still working abroad, then zero will also be your current income, so you'll need a qualified joint sponsor, unless you come back and go to work in the USA, or have significant liquid assets.  (minimum of 3 times the income shortfall, which in your case is the full income requirement times 3).

[KMG 125]

48 minutes ago, JeanneAdil said:

You will need a joint sponsor as foreign income does not qualify for sponsorship of visa

 

any US state ID would help but owning property and/or having a US lease will provide what u need

 

6 minutes ago, pushbrk said:

You can always solve the domicile issue by searching for jobs, finding an apartment etc.  Your tax returns are all you need to show you've been filing your taxes.  You need to show the "total income" from the past three  years when the time comes.  That's going to be zero, for all three years.  If you are still working abroad, then zero will also be your current income, so you'll need a qualified joint sponsor, unless you come back and go to work in the USA, or have significant liquid assets.  (minimum of 3 times the income shortfall, which in your case is the full income requirement times 3).

Thank you!

[KMG 125]

On 5/5/2024 at 5:42 PM, pushbrk said:

You can always solve the domicile issue by searching for jobs, finding an apartment etc.  Your tax returns are all you need to show you've been filing your taxes.  You need to show the "total income" from the past three  years when the time comes.  That's going to be zero, for all three years.  If you are still working abroad, then zero will also be your current income, so you'll need a qualified joint sponsor, unless you come back and go to work in the USA, or have significant liquid assets.  (minimum of 3 times the income shortfall, which in your case is the full income requirement times 3).

Can the joint sponsor be retired with the adequate income?

[Crazy Cat 41,772]

1 hour ago, KMG said:

Can the joint sponsor be retired with the adequate income?

Yes.

[pushbrk 12,860]

3 hours ago, KMG said:

Can the joint sponsor be retired with the adequate income?

Yes, in which case they use their pension award letters as evidence of current income.  They count all the income sources, even if some are not taxable.

[KMG 125]

Circling back around to ask a couple more questions....  I am working on finding a joint sponsor assuming I will need one because of my foreign earned income. As soon as our I130 is approved, I am going to begin the process of looking for work, I am a teacher, so I will be applying to schools for the 25/26 school year- which means I would start in August.

 

I would love to have an offer of employment by the time my husband attends his appoint at the consulate in Tegucigalpa. Depending on the timing of things, how many paycheck stubs (from US employer) would the consulate need to see without using a joint sponsor?  Also, will I need the joint sponsor in the NVC stage?

 

Thank you!

[pushbrk 12,860]

3 minutes ago, KMG said:

Circling back around to ask a couple more questions....  I am working on finding a joint sponsor assuming I will need one because of my foreign earned income. As soon as our I130 is approved, I am going to begin the process of looking for work, I am a teacher, so I will be applying to schools for the 25/26 school year- which means I would start in August.

 

I would love to have an offer of employment by the time my husband attends his appoint at the consulate in Tegucigalpa. Depending on the timing of things, how many paycheck stubs (from US employer) would the consulate need to see without using a joint sponsor?  Also, will I need the joint sponsor in the NVC stage?

 

Thank you!

 

 

One is enough.  As a teacher, you will also have a contract.  Right?  The trick is to remove the joint sponsor you used to get through NVC to begin with.

[KMG 125]

Great thanks!  Yes I would have a contract.

[KMG 125]

Hello Again!

 

My husband and I may have found a joint sponsor.  I have one question about sponsorship.  This person receives a SS disability check, however, he has other forms of income.  (Wife works and he has a rental property that generates income.) As long as he meets the property guideines, can he still sponsor?  I think I read somewhere that you cannot sponsor someone with government money...

 

[pushbrk 12,860]

10 hours ago, KMG said:

Hello Again!

 

My husband and I may have found a joint sponsor.  I have one question about sponsorship.  This person receives a SS disability check, however, he has other forms of income.  (Wife works and he has a rental property that generates income.) As long as he meets the property guideines, can he still sponsor?  I think I read somewhere that you cannot sponsor someone with government money...

 

"Somewhere" was wrong.  Here's the catch though.  Landlords are self employed, so you must take a look at the "total income" line of the latest (all three but latest is critical) and see if that number qualifies.  "He" does not have his wife's income, but it can be used with her being the joint sponsor's household member, combining income.  

 

The big issues with many landlords is they take big legal deductions that decrease their rental income, often to a negative number.  That negative number reduces the total income on the return.  The combined income is what you see on the total income line, plus the social security.  If you see any reference to the SS on the tax return, its ok but gets a little more complicated.

 

What is the relationship between the joint sponsor and his wife, and the petitioner, and/or beneficiary?  This is also considered.

[KMG 125]

4 hours ago, pushbrk said:

"Somewhere" was wrong.  Here's the catch though.  Landlords are self employed, so you must take a look at the "total income" line of the latest (all three but latest is critical) and see if that number qualifies.  "He" does not have his wife's income, but it can be used with her being the joint sponsor's household member, combining income.  

 

The big issues with many landlords is they take big legal deductions that decrease their rental income, often to a negative number.  That negative number reduces the total income on the return.  The combined income is what you see on the total income line, plus the social security.  If you see any reference to the SS on the tax return, its ok but gets a little more complicated.

 

What is the relationship between the joint sponsor and his wife, and the petitioner, and/or beneficiary?  This is also considered.

Thank you!  Makes a lot more sense. That is why I always come to this site. for answers. They are good friends of ours, immigrants from Honduras themselves (now citizens), but obviously have known my husband longer.