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We have an interview appointment in Guangzou next month. I never filed taxes last year. I'm teaching in China and figured I didn't make enough to have to file. However, according to the IRS web site, my gross income was just over the minimum. My income after Chinese taxes is under the minimum. I have a joint sponsor, so does it really matter or should I go ahead and file to show good intentions?

Daniel123

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Interviewing for what visa? If K-Visa this is not a major problem as long as your joint sponsor makes over 125% poverty line.

 

BUT if this for a CR-1 visa you have to provide 2 things in order to file the required I-864, you need to show domicile in the USA, as well as past year's (2006) IRS return. You can file a late return, and provide a copy of the 1040 with the I-864.

 

Domicile is a big issue for DCF filers and Guangzhou.

 

SEE: http://candleforlove.com/forums/index.php?...st&p=304525

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Interviewing for what visa? If K-Visa this is not a major problem as long as your joint sponsor makes over 125% poverty line.

 

BUT if this for a CR-1 visa you have to provide 2 things in order to file the required I-864, you need to show domicile in the USA, as well as past year's (2006) IRS return. You can file a late return, and provide a copy of the 1040 with the I-864.

 

Domicile is a big issue for DCF filers and Guangzhou.

 

SEE: http://candleforlove.com/forums/index.php?...st&p=304525

 

Thanks for the info. I am filing DCF. I'll go back and file my taxes.

 

You bring up another concern when you mention domicile. I've lived in China for a year and a half. I lived in Seattle for seven years prior. We will live in Philadelphia, PA when go to the U.S. to be with my mom. We listed my mother's address as our residence since we plan to live with her until we get our own place. I left all ties to Seattle. I thought all of this would be fine. I'm not concerned about finding Employment in the U.S. but should I try to secure a job now before the interview? I just hadn't considered domicile to be so crucial.

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Thanks for the info. I am filing DCF. I'll go back and file my taxes.

 

You bring up another concern when you mention domicile. I've lived in China for a year and a half. I lived in Seattle for seven years prior. We will live in Philadelphia, PA when go to the U.S. to be with my mom. We listed my mother's address as our residence since we plan to live with her until we get our own place. I left all ties to Seattle. I thought all of this would be fine. I'm not concerned about finding Employment in the U.S. but should I try to secure a job now before the interview? I just hadn't considered domicile to be so crucial.

Domicile is an absolute requirement for the I-864, and you MUST provide an I-864 for an Immigrant CR-1 visa. So yes it is crucial that you show that you maintained domicile, or are in the process of re-establishing domicile.

 

A good read on this:

 

http://newdelhi.usembassy.gov/domicile.html

http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

Edited by dnoblett (see edit history)
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I hadn't filed taxes for the three years I lived in China... and then I read the requirements and went, "Eeek!". I ended up filing them late -- and with no penalty since I didn't actually have to pay anything. (You can file up to three years late with no penalties as long as you don't own anything.)

 

Go to IRS.gov, and download the 1040 and Form 2555 (foreign income exclusion form). Photocopy it and mail it in. Also, include a tax transcript request (the address on the form is different, but I just included it with my tax forms and a transcript came to me in the mail). You might not get the tax transcript in time, but all you really need is the copies of the forms. I say do it!

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Daniel,

Hi, I'm Steve from the other thread.

 

You can trust these gentlemen with your life, I have, still do and have been rewarded for it.

 

Domicile is extremely important. Proof of income is extremely important. Not to be redundant but anything you can do to show concrete ties with the States is extremely important; i.e. having a job, proof of looking for a job , bank account(s), library card, a handwritten letter of explanation for the VO that states your future plans in the States - anything and everything.

 

Good luck to you,

Steve

 

It seems that the domicile issue might be a bigger one than the taxes for me. I didn't plan on meeting my wife when I left Seattle. I left my apartment, my job and everything, not knowing if I would go back to Seattle or not. I have not voted in local elections or anything. My Seattle ID has expired. When Cindy and I became engaged, we just decided we would live in Philly to be close to my family. However, I haven't lived there in about 9 years. Has anyone faced trouble establishing domicile? How did you overcome it?

 

Also here is IRS info on filing overseas if it helps anyone else.

http://www.irs.gov/businesses/small/intern...d=96746,00.html

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I hadn't filed taxes for the three years I lived in China... and then I read the requirements and went, "Eeek!". I ended up filing them late -- and with no penalty since I didn't actually have to pay anything. (You can file up to three years late with no penalties as long as you don't own anything.)

 

Go to IRS.gov, and download the 1040 and Form 2555 (foreign income exclusion form). Photocopy it and mail it in. Also, include a tax transcript request (the address on the form is different, but I just included it with my tax forms and a transcript came to me in the mail). You might not get the tax transcript in time, but all you really need is the copies of the forms. I say do it!

OMG Thanks a million, everyone! This is great news.

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I think that providing copies of your tax returns won't be enough for domicile though (as it's also another requirement on the form). You really need to have something else... or else I think you can probably expect a blue slip. Steve faced big problems with domicile, as he can attest.

 

For me, I only provided a driver's license (but I see your ID has expired). I also have US bank accounts, and I had copies of the statements that were mailed to my mom's house. Do you get any mail anywhere in the US?

 

Good luck!

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I think that providing copies of your tax returns won't be enough for domicile though (as it's also another requirement on the form). You really need to have something else... or else I think you can probably expect a blue slip. Steve faced big problems with domicile, as he can attest.

 

For me, I only provided a driver's license (but I see your ID has expired). I also have US bank accounts, and I had copies of the statements that were mailed to my mom's house. Do you get any mail anywhere in the US?

 

Good luck!

I have written a letter and I have some mail going to my mom's address. I'll have her send those right away. I just completed the 1040 and the 2555. I'm not sure If I should put that I'm a bona fide resident or just physically present. Also, should I put my mom's address as my address on the 1040 or my Chinese address. I'm thinking in terms of establishing a record of domicile.

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I think that providing copies of your tax returns won't be enough for domicile though (as it's also another requirement on the form). You really need to have something else... or else I think you can probably expect a blue slip. Steve faced big problems with domicile, as he can attest.

 

For me, I only provided a driver's license (but I see your ID has expired). I also have US bank accounts, and I had copies of the statements that were mailed to my mom's house. Do you get any mail anywhere in the US?

 

Good luck!

I have written a letter and I have some mail going to my mom's address. I'll have her send those right away. I just completed the 1040 and the 2555. I'm not sure If I should put that I'm a bona fide resident or just physically present. Also, should I put my mom's address as my address on the 1040 or my Chinese address. I'm thinking in terms of establishing a record of domicile.

Not sure exactly which form and question you referring to... but your general idea of establishing a record of domicile is the right path to take... use US based residency where most applicable.

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