Hello Everyone,
A couple of questions, but first background. We are at the NVC stage and am filling out the I-864. I am a US Citizen living abroad in the Philippines with my wife. I have been assigned here for 10 years by my US Employer to run operations here. Now, I am being requested to return to the US to work permanently. For the previous tax year I filed using FEIE which allowed me to exclude nearly all of my income on my return. Thus, the total income field from the return on my I-864 is well below the requirement. I plan to submit a letter from my employer stating my income as well as the fact that it will continue once I return to the US. I will also submit the last 6 months of pay slips and last years W-2.
Is this enough to qualify me for the income requirement?
Since I have been living abroad, I must also meet the domicile requirement. I plan to put my place of domicile as the US and submit bank statements, a letter of explanation and a letter from my employer stating my temporary assignment abroad and requesting me to return to the USA. Unfortunately I do not own property in the US and we will be staying with my parents when we return (address where I receive most of my mail).
My question is, is this sufficient to prove US domicile? Or should I be proving that I INTEND to make the US my domicile? And if this is the case should I put Philippines as my place of domicile on the I-864?
I tend to believe it’s the former as I maintain bank accounts, work for US employer and file taxes (although I use FEIE under the physical presence test not the domicile test.)
One last note is that my employer is a family business and my father will be the one writing the letters. I know technically this should not matter at all, but if mentioned at interview might? If you read this much, thank you! This community has been so great throughout this whole process.