Proof of domicile

[KRA 0]

Hi,

I'm a US citizen currently living with my danish husband in Denmark. I have lived there with him as a danish resident for almost 3 years. We will soon be filing a DCF from Denmark so that we can move to the US. Obviously, since I haven't lived in the US for 3 years, I don't have my OWN domicile. I still use my parents US address as my address, and will also be using my parents as joint sponsor when filing the I-864. Will my parents domicile (also the place that I use when needing a US address) be accepted as domicile for me? How can a person who hasn't lived in the US for several years, be expected to have domicile in the US? I'm hoping that by using my parents as joint sponsor, that I can use their home as my temporary domicile.

I would appreciate any feedback and info. if anybody knows about this.

Thanks,

KRA

[YuAndDan 153]

Filed returns with the IRS using that address? Maintained a US Drivers license at that address? Voter registration card? U.S. Bank accounts?

Note U.S. Citizens may be exempt from paying tax on foreign income, however are not exempt from filing returns.

You may be exempt from paying tax on foreign income but are not exempt from filing IRS returns each year.

Another much bigger issue facing you is proof of US domicile, this is a requirement of the I-864.

The Domicile issue is a common one for DCF filers, and needs to be addressed prior to the visa interview.

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

http://travel.state....nfo_3183.html#3

Both primary sponsor and joint sponsor need to provide domicile evidence

Also if you failed to file IRS returns over the past years, you should late file them, they two are a requirement of the I-864. US citizens may be exempt from paying tax on foreign income however are not exempt from filing a return each year.

I-864 instructions:

The instructions say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

Can get prior returns here:

http://www.irs.gov/a...bmitSearch=Find

Transcripts:

http://www.irs.gov/t....html?portlet=1

[KRA 0]

Hi again,

In relation with my original post, I just want to ask if by me (the wife/sponsor) having my drivers license, voters registration and tax returns ALL coming from a US address (which is also my parents current address)...if that would qualify as domicile?

KRA

[YuAndDan 153]

Hi again,

In relation with my original post, I just want to ask if by me (the wife/sponsor) having my drivers license, voters registration and tax returns ALL coming from a US address (which is also my parents current address)...if that would qualify as domicile?

KRA

Yep, Using a parent's home is fine.

I would have parents write a note stating their home is also your home, and they plan on housing you until you find a place of your own.

You need to be able to show living overseas was of a temporary nature.

[Steve&Fe 13]

Note U.S. Citizens may be exempt from paying tax on foreign income, however are not exempt from filing returns.

You may be exempt from paying tax on foreign income but are not exempt from filing IRS returns each year.

I'm about to start my visa journey with my wife and hope to depend on this site for much needed help and information...SO PLEASE be sure of your facts before you post. American citizens DO NOT have to file with the IRS unless they make over a certain amount and owe taxes.

2010 Minimum Income Requirements

For the 2010 tax year, you need to file taxes if your gross income meets the minimum income for your filing status and age:

Filing Status Minimum Gross Income (under 65)

Single $9,350

Head of Household $12,050

Married Filing Jointly $18,700

$20,900 (both spouses)

Married Filing Separately $3,650

Widow with Dependent Child $15,050

You have to explain WHY you didn't file ( copy information from the IRS) BUT you don't need tax returns if you made little income. Google is your friend.

Edited February 25, 2011 by Steve&Fe

[Shermeen&Adam 0]

Whilst it might be the case that you do not owe any taxes, USC are required to file taxes each year. I know the UK and US have a treaty in place to avoid double taxation but you'll have to check with other countries. Filing income taxes with the IRS is mandatory for USCs and LPRs, regardless of where they live or work. The IRS impose taxes based on citizenship rather than residency.

If you have not been filing taxes, you will find this an issue when you choose to return to the US with your foreign spouse.

[Steve&Fe 13]

Whilst it might be the case that you do not owe any taxes, USC are required to file taxes each year. I know the UK and US have a treaty in place to avoid double taxation but you'll have to check with other countries. Filing income taxes with the IRS is mandatory for USCs and LPRs, regardless of where they live or work. The IRS impose taxes based on citizenship rather than residency.

If you have not been filing taxes, you will find this an issue when you choose to return to the US with your foreign spouse.

GEEZZZZ....USC DO NOT have to file with the IRS if their income is below the guidelines!!!!

(From I-864 instruction sheet!)If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.ht

Peoples futures rely on CORRECT information posted here. CHECK YOU FACTS!

I don't mean to come off as a jerk ..being new and all...but keyboard experts can really screw-up lives! ALWAYS check and cross check everything you read online..

Edited February 25, 2011 by Steve&Fe

[Shermeen&Adam 0]

GEEZZZZ....USC DO NOT have to file with the IRS if their income is below the guidelines!!!!

(From I-864 instruction sheet!)If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.ht

Peoples futures rely on CORRECT information posted here. CHECK YOU FACTS!

I don't mean to come off as a jerk ..being new and all...but keyboard experts can really screw-up lives! ALWAYS check and cross check everything you read online..

Firstly, you'll find that most people are not professionals. I am not a professional. If you want professional advice, pay for it.

Secondly, I can only speak from personal experience, if you earn less that the required amount, great for you, don't file. BUT you'll find that most people do earn enough to need to file and are unaware that they will need to file whilst living abroad. As was my situation, hence the idea of speaking from personal experience.

I guess I'll add my third point for good measure...if you don't want to come across as a jerk, then DON'T. It really is a choice.

[Keeto 12]

GEEZZZZ....USC DO NOT have to file with the IRS if their income is below the guidelines!!!!

(From I-864 instruction sheet!)If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.ht

Peoples futures rely on CORRECT information posted here. CHECK YOU FACTS!

I don't mean to come off as a jerk ..being new and all...but keyboard experts can really screw-up lives! ALWAYS check and cross check everything you read online..

Firstly, you'll find that most people are not professionals. I am not a professional. If you want professional advice, pay for it.

Secondly, I can only speak from personal experience, if you earn less that the required amount, great for you, don't file. BUT you'll find that most people do earn enough to need to file and are unaware that they will need to file whilst living abroad. As was my situation, hence the idea of speaking from personal experience.

I guess I'll add my third point for good measure...if you don't want to come across as a jerk, then DON'T. It really is a choice.

Wow! OK. Both of you have a point:

If you DO make over a certain amount of money: You need to file with the IRS.

If you DON'T make over a certain amount of money: You need to write to IRS to tell them why.

Either way you are going to deal with the IRS. That is the common dominator in both your posts. Both of you have so far helped us, thanks. And no one is a jerk! Glad to see KRA is on the same journey as us....

Edited February 26, 2011 by Keeto

[unggoy_tatay 1]

Whilst it might be the case that you do not owe any taxes, USC are required to file taxes each year. I know the UK and US have a treaty in place to avoid double taxation but you'll have to check with other countries. Filing income taxes with the IRS is mandatory for USCs and LPRs, regardless of where they live or work. The IRS impose taxes based on citizenship rather than residency.

If you have not been filing taxes, you will find this an issue when you choose to return to the US with your foreign spouse.

Not for me. I've never filed taxes, and it wasn't a problem at all.

[unggoy_tatay 1]

Wow! OK. Both of you have a point:

If you DO make over a certain amount of money: You need to file with the IRS.

If you DON'T make over a certain amount of money: You need to write to IRS to tell them why.

Either way you are going to deal with the IRS. That is the common dominator in both your posts. Both of you have so far helped us, thanks. And no one is a jerk! Glad to see KRA is on the same journey as us....

I've never needed to deal with the IRS...

[mr&mrs4ever 0]

I am nearing my wife's interview date and a little nervous. Here is my situation:

Long story short, in 2010 I sold my car plus a few possessions and moved to the Philippines.

My wife's joint sponsor is my Father. He is well above the financial level needed for sponsorship. I've already received the I-864 he filled out and sent over. Plus received all required criteria from him and then some. This includes a cover letter addressed to the Embassy about joint sponsorship. Also there is a signed letter by both my parents regarding domicile stating that their home will be our home when we arrive until we find a place.

I learned from reading today that I also need to fill out a I-864 form even though I'm way below the poverty line.

I only made money for 3 months in 2011 and 3 in 2012 and before that I lived off of what I had when I arrived.

I made money through an American employer for about 6 months now. During this time I received Filipino wages, making less than $500.00 USD a month (40 hour a week job). I was paid via Paypal and have no other evidence than that. My company will provide me a letter if needed (It will just be a scanned and color printed copy though)

I have not filed any tax returns in several years.

So I will fill out an I-864.

But should I also print out my Paypal forms and have my company create me a letter stating I worked there? There were no W-2s involved and I have not submitted a 1099 for 2011 so I don't want to do anything wrong here.

Does anyone reading this think I'm in the clear or if not what?

Advice appreciated.

[iladelph53 0]

So if my dad (in the US) is my wife's joint sponsor, does he have to mail the documents over here? Or can he scan and fax/e-mail them?

If it helps, I am a US citizen in Korea with a Korean wife, and we did DCF.

[himher 634]

Kindly stop saying "proof of US domicile" is required for DCF filers. I didnt step foot in the US for 2 years and only had to show INTENTION to domicile back to the US when we filed and interviewed. I did not file taxes using a US address, I filed as an overseas resident using my overseas address. In fact you HAVE to be an overseas resident to even qualify for DCF so how the hell are you supposed to qualify for DCF if you are "domiciled" in the US?

(5) months after the Visa was issued we returned to the US as a family and I did not do anything prior to that time.

It is not a big hurdle. You just need a specific address and specific place to live and in our case my parents house sufficed. As I said we hadn't been there in 1 1/2 years and had not lived in the US for 3 years but still it was enough.

Thanks

Filed returns with the IRS using that address? Maintained a US Drivers license at that address? Voter registration card? U.S. Bank accounts?

Note U.S. Citizens may be exempt from paying tax on foreign income, however are not exempt from filing returns.

You may be exempt from paying tax on foreign income but are not exempt from filing IRS returns each year.

Another much bigger issue facing you is proof of US domicile, this is a requirement of the I-864.

The Domicile issue is a common one for DCF filers, and needs to be addressed prior to the visa interview.

http://travel.state....nfo_3183.html#3

Both primary sponsor and joint sponsor need to provide domicile evidence

Also if you failed to file IRS returns over the past years, you should late file them, they two are a requirement of the I-864. US citizens may be exempt from paying tax on foreign income however are not exempt from filing a return each year.

I-864 instructions:

[/i]

Can get prior returns here:

http://www.irs.gov/a...bmitSearch=Find

Transcripts:

http://www.irs.gov/t....html?portlet=1

[tortuguita 1]

Thank you himher. Exactly.

I'm new to this process, but after researching, I couldn't make heads or tails of the previous responses. How in the heck do you prove intention to return or proof of domicile in the US when you're living somewhere else? Seemed more than odd to me.

As well, no income, no tax return and you don't need to write to the IRS to tell them you don't have income! A letter to the USCIS for the green card application as explanation for lack of submitting a tax return is sufficient.

Government paperwork is hard enough. Let's not create mountains out of mole hills. As I always told my kids... Keep it Simple. We're here to help each other not create more confusion.