Domicile and US income requirement?

[adios4ca]

I am in the middle of filing I-864 and DS-230 for my wife and kid, and just as ciao I am also getting concerned about this "domicile" and US income thing.

We have been living abroad for the past 3 years because my wife couldn't stay in the US after her school in 2007 (working visa quota ran out). And because I am holding greencard, we couldn't do AOS for her in the States, nor would she be able to visit me in the States - you may all know how long and painful the process is for greencard holder's spouse to apply for LPR.

So instead of letting the Pacific get in between us, we decided to go to some place where we can be together while waiting for her I-130 approval.

In August 2007 we filed I-130 and soon after we moved to Japan - I worked as expat, and she mostly stayed at home. Since then we have always filed tax returns, maintained bank accounts (checking, saving, CD, stock, 401k, and so on), and I have also maintained mailing/residence address in the States (with my parents)

Now to our surprise this May we received I-130 approval notice from USCIS, and soon emails from NVC to ask us fill in I-864 and DS-230.

However after I went through the instructions I am getting worried:

1. Domicile requirement:
Our plan is to move back to the States when my wife and kid get the greencard, but how to convince the Consulate? Bank / investment accounts would be enough? Or do I have to have my employer provide a letter saying they will transfer me back to the States very soon?

2. US income requirement:
Since my employer is a non-US company, I do not have any W-2 form for the previous years but only the tax account transcripts from IRS. We did pay tax on the portion that is over the foreign tax credit limit, and that part is also above the poverty line requirement. Would this be OK? Or the income has to be "US income"?

Any suggestions? Thank you very much.

[dnoblett]

First question comes to mind how did you maintain LPR status? Periods of absence from the USA longer than 1 year can be considered to be abandoning the green-card.

 

Anyway.

 

1. US Bank accounts, and address in states should be fine, your living abroad was a temporary condition.

 

2. No W2/1099/1040 needed if you use IRS transcripts per the directions included with form I-864.

 

However the consulate will be concerned with your income AFTER you return to the USA, IF your employer is transferring you to a post in the USA and you can provide documentation to this then this should be fine.

 

You say you have parents in the states, could the act as joint sponsors?

[Randy W]

Your concern should be for your own green card - extended stays overseas can result in the loss of a green card. Nothing would happen, though, until you try to use it - such as by returning to the US.

 

How much time have you spent in the US over the past three years? A stay of over six months to a year can catch attention at the POE and result in revocation. You may need legal advice here.

 

Income is income, whether US or foreign, including the amount under the foreign tax credit. You are NOT required to pay taxes. BUT, they may require sustainable income after you return to the US. A letter from a new employer in the US would help.

 

But again, the only (and a major) concern that I see is your green card. Your job and residence overseas would certainly be noticed.

[adios4ca]

thanks dnoblett.

 

how did i maintain LPR - so i have been back and forth extensively, one month in Japan, another in the States, then another two in Japan or somewhere else in the world - because of work, and also where my wife can get tourist visa - and then back to the States again for several months. painful as it is, my employer has been really supportive so far.

 

the issue is on the income AFTER returning to the USA, since we do not know yet when my wife's case will come through - could be in the next few months, could be next year. i would hope to spend time w/ the family rather than going to the States alone for an unknown period of time. so i am not sure how to tell my employer the supposed starting date of transferring back to the States,

 

and thanks for the suggestion of having parents as co-sponsors. i guess another way is to have our own assets? do you think the consulate will have perference of having parents sponsoring us vs. using our own asset?

 

First question comes to mind how did you maintain LPR status? Periods of absence from the USA longer than 1 year can be considered to be abandoning the green-card.

 

Anyway.

 

1. US Bank accounts, and address in states should be fine, your living abroad was a temporary condition.

 

2. No W2/1099/1040 needed if you use IRS transcripts per the directions included with form I-864.

 

However the consulate will be concerned with your income AFTER you return to the USA, IF your employer is transferring you to a post in the USA and you can provide documentation to this then this should be fine.

 

You say you have parents in the states, could the act as joint sponsors?

[adios4ca]

thanks Randy W, i spent roughly half-half of my time in the States vs. overseas - sorry for not being clear on this.

 

seems there could be three different types of support for future "incomes":

1. future employer

2. own asset

3. parents as co-sponsors

 

base on your comments and dnoblett's, seems proof of future employment in the States would be the best way to go?

 

would our own asset alone be able to establish the proof of no-burden to the government?

 

Your concern should be for your own green card - extended stays overseas can result in the loss of a green card. Nothing would happen, though, until you try to use it - such as by returning to the US.

 

How much time have you spent in the US over the past three years? A stay of over six months to a year can catch attention at the POE and result in revocation. You may need legal advice here.

 

Income is income, whether US or foreign, including the amount under the foreign tax credit. You are NOT required to pay taxes. BUT, they may require sustainable income after you return to the US. A letter from a new employer in the US would help.

 

But again, the only (and a major) concern that I see is your green card. Your job and residence overseas would certainly be noticed.

[Randy W]

thanks Randy W, i spent roughly half-half of my time in the States vs. overseas - sorry for not being clear on this.

 

seems there could be three different types of support for future "incomes":

1. future employer

2. own asset

3. parents as co-sponsors

 

base on your comments and dnoblett's, seems proof of future employment in the States would be the best way to go?

 

would our own asset alone be able to establish the proof of no-burden to the government?

 

Your concern should be for your own green card - extended stays overseas can result in the loss of a green card. Nothing would happen, though, until you try to use it - such as by returning to the US.

 

How much time have you spent in the US over the past three years? A stay of over six months to a year can catch attention at the POE and result in revocation. You may need legal advice here.

 

Income is income, whether US or foreign, including the amount under the foreign tax credit. You are NOT required to pay taxes. BUT, they may require sustainable income after you return to the US. A letter from a new employer in the US would help.

 

But again, the only (and a major) concern that I see is your green card. Your job and residence overseas would certainly be noticed.

 

They do a juggling act between your past 3 years employment, your assets, and your future employment (along with any co-sponsor's). Your assets CAN substitute for future income but you must still demonstrate that she will not become a ward of the state. Your income (and potential stateside income) MAY be enough. If you are earning (or will be earning in the states) less than $50,000 a year (anything less, in my opinion, draws attention even if above the 125%), consider using a joint sponsor. In my opinion, however, signing that form is a lot to ask of anyone else.

 

Sorry for the vagueness - yes, figure in your assets, but it's definitely not simply a matter of make above $x and you get the visa. We've even seen people sail through while reporting $0 income.

Edited June 23, 2010 by Randy W (see edit history)

[adios4ca]

wow... seems that i totally underestimated the complexity of this whole matter.

 

thanks for the advice Randy.

 

They do a juggling act between your past 3 years employment, your assets, and your future employment (along with any co-sponsor's). Your assets CAN substitute for future income but you must still demonstrate that she will not become a ward of the state. Your income (and potential stateside income) MAY be enough. If you are earning (or will be earning in the states) less than $50,000 a year (anything less, in my opinion, draws attention even if above the 125%), consider using a joint sponsor. In my opinion, however, signing that form is a lot to ask of anyone else.

 

Sorry for the vagueness - yes, figure in your assets, but it's definitely not simply a matter of make above $x and you get the visa. We've even seen people sail through while reporting $0 income.

Edited June 23, 2010 by dnoblett (see edit history)

[Kyle]

I lived in China for almost 6 years before returning to America with my wife who recently received her Green card. Domicile was an issue for us. I'll try to list what we learned, and how we overcame the domicile issue. First, some background to our situation:

 

1. I did not keep a residence in the States while in China, meaning that I did not have a place of my own. I did not have a lease while in China.

 

2. I did not have a job waiting for me in the States upon our return. The same is true for my wife.

 

3. My father did act as a joint sponsor for Jingjing during her I-130 petition process.

 

This is what the consulate officer told me during our visit at ACH in Guangzhou.

The VO gave me a copy of the the domicile criteria they use:

 

http://www.state.gov/documents/organization/86988.pdf

 

basically it lists these things (I'm sure it's not conclusive, but he may of been specifically speaking from a DCF viewpoint:

 

1. Opening a bank account

2. Transferring funds to the US

3. Making investments in the US

4. Seeking employment in the US

5. Registering children in US schools

6. Applying for a social security number; and

7. Voting in local, state, or federal elections.

 

How we overcame the domicile issue:

 

1. I found an apartment before returning to the States.

 

2. Three years ago, during one of my wife's B-2 visits to the States, I added her as a joint account holder to my checking/savings account. I hold accounts at a credit union, and typically, they are a little more willing to do this.

 

3. I have several American investments. I added my wife as the sole beneficiary to all of these.

 

4. I didn't have a job waiting for me, but did actively try to find employment through Monster.com. I had a few decent leads and printed off not only my resume, but also my email correspondence with my potential employers. I had 3 or 4 good leads.

 

Below is what my wife took to the consulate, to help cover the domicile issue:

 

1. Vanguard Retirement Account statement – Wife primary beneficiary

2. Statement of Checking Acct – One per year 2007-09 Wife joint-owner

3. Sharebuilder Investment Acct statement

4. Capital One credit card statement – One month

5. My Resume (which is posted on Monster.com)

6. Three Letters from potential employers (for me) requesting interview

7. Pictures of our apartment where we’re staying in America

8. Past three years of tax returns filed. I did continue filing my taxes while living abroad in China.

 

In my mind, having someone act as a joint sponsor isn't a weakness to your case.

Edited June 23, 2010 by Kyle (see edit history)

[Kyle]

I'm going to go ahead and move this to the P3-Interview forum. I-864 and DS-230 fall under that category.

[dnoblett]

thanks dnoblett.

 

how did i maintain LPR - so i have been back and forth extensively, one month in Japan, another in the States, then another two in Japan or somewhere else in the world - because of work, and also where my wife can get tourist visa - and then back to the States again for several months. painful as it is, my employer has been really supportive so far.

 

the issue is on the income AFTER returning to the USA, since we do not know yet when my wife's case will come through - could be in the next few months, could be next year. i would hope to spend time w/ the family rather than going to the States alone for an unknown period of time. so i am not sure how to tell my employer the supposed starting date of transferring back to the States,

 

and thanks for the suggestion of having parents as co-sponsors. i guess another way is to have our own assets? do you think the consulate will have perference of having parents sponsoring us vs. using our own asset?

 

Assets are worth less than income, in your case an asset is only worth 1/5th income, that is $1000 in income is equal to $5000 in assets because you are LPR, if you were a US Citizen this ratio drops to 1/3 as in $1000 income = $3000 asset. Edited June 23, 2010 by dnoblett (see edit history)

[adios4ca]

Thank you Kyle - this is extremely helpful!

 

really appreciated all the advice given by so many warm-hearted people around here.

 

I lived in China for almost 6 years before returning to America with my wife who recently received her Green card. Domicile was an issue for us. I'll try to list what we learned, and how we overcame the domicile issue. First, some background to our situation:

 

...

[adios4ca]

good point. well i guess i will ask my parents then. thanks for the pointers.

 

Assets are worth less than income, in your case an asset is only worth 1/5th income, that is $1000 in income is equal to $5000 in assets because you are LPR, if you were a US Citizen this ratio drops to 1/3 as in $1000 income = $3000 asset.

{edit} fixed quote tags.

Edited June 23, 2010 by dnoblett (see edit history)

[xiaofeizhu]

Hi there,

 

I am not sure if you saw my post for what my hubby and I did for our domicile requirement, so I decided to copy it here for you to read and use as you see fit (or for what applies to your situation)

 

Hi,

 

I DCFed in China after being abroad for 3 years (two in Japan, one in China). In order to prove domicile, I included the following items:

 

1. Joint checking with my husband at the credit union (I know others have had problems with getting their spouse on the account when they are not in the US, but my CU had me fill out and notarize my signature and send the form back)

 

2. Voting stubs for my absentee voting I did while in Japan

 

3. Taxes for each year that I was overseas (showing I filed taxes even if I was abroad, also joint filing for the years I was married to my husband)

 

4. Acceptance letter to my local community college for me and hubby for the ESL program

 

5. I copied my drivers license because it showed that I had renewed it during the time I was living overseas

 

6. Had some mail that was sent to my parent's house (credit card bills, letters, etc) to show that I was receiving mail somewhere in the US

 

7. My credit union also wrote a nice letter for me stating that I was a member of good standing with a current account with withdrawls and deposits regularly occuring (ie, it was not just a stagnant account)

 

When my husband interviewed, domicile never came up. They did not ask for proof of my domicile even though I had it all ready for my hubby to give.

 

I did have a joint sponsor, but that is because we were in Japan/China as students and not as employees (even though we did work). If you have enough money or other assets, I would probably forgoe the sponsor because as it has been mentioned, it is a huge financial burden on someone else. JMHO.

 

Also, you are a LPR, so number 2 won't apply, but I think many of the others can apply to your situation. Best of luck!

Edited June 29, 2010 by xiaofeizhu (see edit history)