K1 - proving domicile

[manwithafork]

Hey GUZzy

My fiance has a blue slip that says we need (more) documents to prove that I have domicile in the USA.

OK so really I don't mind doing this. Really really. But it would be better for you and for us if that requirement had been made clear somewhere.

The closest thing I could find was here.

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

But ... that is vague.

If it is a requirement you should list it somewhere. Perhaps on the I-129F instruction sheet?





Alsoalsoalso . . .

if it is not too much trouble, could you explain why it is required?

[warpedbored]

Hey GUZzy

 

My fiance has a blue slip that says we need (more) documents to prove that I have domicile in the USA.

 

OK so really I don't mind doing this. Really really. But it would be better for you and for us if that requirement had been made clear somewhere.

 

The closest thing I could find was here.

 

Because a fianc¨¦(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fianc¨¦(e) must meet some of the requirements of an immigrant visa.

 

But ... that is vague.

 

If it is a requirement you should list it somewhere. Perhaps on the I-129F instruction sheet?

 

 

 

 

 

Alsoalsoalso . . .

 

if it is not too much trouble, could you explain why it is required?

I moved this so other members could reply. Your question is too case specific for GZ speaks.

 

Anything a VO asks for in a blueslip becomes a requirement. Domicile is an issue that is usually associated with a DCF (direct consular filing) It pertains to the US citizen petitioner living in China. I am assuming that you are living in China and filed K-1 instead of getting married and filing DCF. Regardless the same requirements apply. You need to show that you have a home and life to return to in the USA. If you haven't filed income taxes since moving to China you need to do so. If your income isn't 125% of the federal poverty guidelines then you need a co-sponsor.

 

Spend some time reading the FAQ. There is a lot of good information there. This in particular pertains to domicile.

http://candleforlove.com/FAQ/CFL_FAQ_DCF_Final1.htm#Q1_14

[dnoblett]

I waited for a mod to move this one for the reason that the question was not general in nature.

 

Already has replies in other post:

 

http://candleforlove.com/forums/index.php?...st&p=432763

 

Warpedboard replied to a similar concern a while ago on VJ: http://www.visajourney.com/forums/index.php?showtopic=135900

[LeeFisher3]

Hey GUZzy

 

My fiance has a blue slip that says we need (more) documents to prove that I have domicile in the USA.

 

OK so really I don't mind doing this. Really really. But it would be better for you and for us if that requirement had been made clear somewhere.

 

The closest thing I could find was here.

 

Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

 

But ... that is vague.

 

If it is a requirement you should list it somewhere. Perhaps on the I-129F instruction sheet?

 

 

 

 

 

Alsoalsoalso . . .

 

if it is not too much trouble, could you explain why it is required?

The information requesting proof of domicile is in the P4 -Letter to applicant in the "Submit these items during your interview" section.

 

As to why it's required, the simple answer is because they requested it. The real answer probably has to do with visa fraud issues they are trying to prevent, but there is no way to know for sure.

 

This requirement was added to their letter almost 3 years ago and is not difficult to prove. A utility bill, phone bill, automobile registration, property tax bill and bank statement all prove domicile.

Edited September 17, 2008 by LeeFisher3 (see edit history)

[RRTony]

Hey GUZzy

 

My fiance has a blue slip that says we need (more) documents to prove that I have domicile in the USA.

 

OK so really I don't mind doing this. Really really. But it would be better for you and for us if that requirement had been made clear somewhere.

 

The closest thing I could find was here.

 

Because a fianc¨¦(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fianc¨¦(e) must meet some of the requirements of an immigrant visa.

 

But ... that is vague.

 

If it is a requirement you should list it somewhere. Perhaps on the I-129F instruction sheet?

 

 

 

 

 

Alsoalsoalso . . .

 

if it is not too much trouble, could you explain why it is required?

 

 

It is required because you are going to sponsor her [be responsible] for her in the USA. You need to prove to USA that you can be responsible financially, and that you actually live there. I am sure there is more to it, but if they want it, it doesn't matter because there is no getting around it.

 

I just had to do it and it is easy. I am in Beijing with a lease temporarily while we got my wife's visa, so I just included a copy of my last years tax return and an electric bill from my home in the USA and that was all they needed.

[manwithafork]

Thank you Leefisher!

 

I wonder why I did not see that before.

 

*sigh*

 

Well, seems like no one else did either because no one pointed it out on my other thread (which is why I posted here.)

 

I still believe that this requirement should also be stated on the I-129F instruction sheet. Otherwise a person would have to wait until they got the p4 to know that it was required! We got our P4 about two weeks before the interview. That is a very short time to try and establish domicile if you are currently living abroad.

 

I do not now nor have I ever owned or rented a house anywhere in the entire world. Does that mean I cannot get a K1? Perhaps if that were made clear it would have save me and Guzzy some time and trouble.

 

Perhaps I just need some more time to calm down?

[Randy W]

Domicile is rarely an issue for K-1's. P-4 is issued by the consulate, not the USCIS

 

A domicile is your residence. Where do you receive mail in the US? Where.do you show as your address on your income tax returns? What evidence do you have? What do you HAVE - not what do you NOT have?

Edited September 17, 2008 by Randy W (see edit history)

[manwithafork]

So is this a case where Guz is requiring more than most other places.

 

When I first started out I mostly just read VJ, and there were a few cases like mine but they never had to prove domicile (from what I could tell). I've noticed that Guangzhou seems to want much more than other places . . . perhaps?

 

I think what caused the problem is that I put my Chinese address on last years tax return. I wouldn't have done that except that I was trying to exclude all my income from tax (foreign earned income exclusion) and I was afraid the IRS might get suspicious.

 

I am afraid of the IRS . . .

 

Everything else I have has my parents address on it, so I got a bunch of credit card bills, bank statements, driver's license and voter registration card and sent it to them, together with a statement saying that we intend to live with my parents (at least for a while) after returning to the USA, and a statement from my parents saying that they are willing to provide support for us.

 

My parents have already filled out a I-134 (as co-sponsors).

 

The VO took it at the interview.

 

This is all I have. I hope that will be enough.

[Randy W]

So is this a case where Guz is requiring more than most other places.

 

When I first started out I mostly just read VJ, and there were a few cases like mine but they never had to prove domicile (from what I could tell). I've noticed that Guangzhou seems to want much more than other places . . . perhaps?

 

I think what caused the problem is that I put my Chinese address on last years tax return. I wouldn't have done that except that I was trying to exclude all my income from tax (foreign earned income exclusion) and I was afraid the IRS might get suspicious.

 

I am afraid of the IRS . . .

 

Everything else I have has my parents address on it, so I got a bunch of credit card bills, bank statements, driver's license and voter registration card and sent it to them, together with a statement saying that we intend to live with my parents (at least for a while) after returning to the USA, and a statement from my parents saying that they are willing to provide support for us.

 

My parents have already filled out a I-134 (as co-sponsors).

 

The VO took it at the interview.

 

This is all I have. I hope that will be enough.

 

It sounds like you have it covered

[dnoblett]

So is this a case where Guz is requiring more than most other places.

 

When I first started out I mostly just read VJ, and there were a few cases like mine but they never had to prove domicile (from what I could tell). I've noticed that Guangzhou seems to want much more than other places . . . perhaps?

 

I think what caused the problem is that I put my Chinese address on last years tax return. I wouldn't have done that except that I was trying to exclude all my income from tax (foreign earned income exclusion) and I was afraid the IRS might get suspicious.

 

I am afraid of the IRS . . .

 

Everything else I have has my parents address on it, so I got a bunch of credit card bills, bank statements, driver's license and voter registration card and sent it to them, together with a statement saying that we intend to live with my parents (at least for a while) after returning to the USA, and a statement from my parents saying that they are willing to provide support for us.

 

My parents have already filled out a I-134 (as co-sponsors).

 

The VO took it at the interview.

 

This is all I have. I hope that will be enough.

Not only GUZ, London is specific in this matter too.

 

# relatives or friends in the U.S. will assure the applicant's support; or

 

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant.

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

 

Now, London also allows beneficiary to "Self Sponsor" if they can prove that they can or have transfer sufficient funds to the USA, to cover period of un-employment.

 

When researching I-134 Domicile I see that this even happened to a K-Visa applicant dealing with London, so GUZ is not unique in this matter.

 

http://britishexpats.com/forum/showpost.ph...mp;postcount=19

[RRTony]

So is this a case where Guz is requiring more than most other places.

 

When I first started out I mostly just read VJ, and there were a few cases like mine but they never had to prove domicile (from what I could tell). I've noticed that Guangzhou seems to want much more than other places . . . perhaps?

 

I think what caused the problem is that I put my Chinese address on last years tax return. I wouldn't have done that except that I was trying to exclude all my income from tax (foreign earned income exclusion) and I was afraid the IRS might get suspicious.

 

I am afraid of the IRS . . .

 

Everything else I have has my parents address on it, so I got a bunch of credit card bills, bank statements, driver's license and voter registration card and sent it to them, together with a statement saying that we intend to live with my parents (at least for a while) after returning to the USA, and a statement from my parents saying that they are willing to provide support for us.

 

My parents have already filled out a I-134 (as co-sponsors).

 

The VO took it at the interview.

 

This is all I have. I hope that will be enough.

 

 

Yes, you screwed yourself with the foreign address on the tax return. You could have still showed your US address on your tax return and gotten the $80k deduction for foreign income. Not to pry, but you would have only paid taxes if you "Grossed" more than $80k.

 

I investigated this stuff before I moved to China. My acct said to file in the US with my address and simply state the foreign residence, etc

 

And it isn't Guz being more difficult than other places, it is the fact that you are applying while living outside of the US. They classify that differently than for guys living in the US and filing there.

 

I clearly read the difference when deciding to file for the K1, K3, or CR1 in China. We decided to marry here and file the CR1 directly, and the instructions for that mentioned the domicile requirement.

 

I would think with what you just said you are giving to them will suffice. IF they got letters of support and a letter from the parents saying you can live with them, I would think they would have a tough time saying no to that one.

 

Good luck.

[dnoblett]

Yes, you screwed yourself with the foreign address on the tax return. You could have still showed your US address on your tax return and gotten the $80k deduction for foreign income. Not to pry, but you would have only paid taxes if you "Grossed" more than $80k.

 

I investigated this stuff before I moved to China. My acct said to file in the US with my address and simply state the foreign residence, etc

 

And it isn't Guz being more difficult than other places, it is the fact that you are applying while living outside of the US. They classify that differently than for guys living in the US and filing there.

 

I clearly read the difference when deciding to file for the K1, K3, or CR1 in China. We decided to marry here and file the CR1 directly, and the instructions for that mentioned the domicile requirement.

 

I would think with what you just said you are giving to them will suffice. IF they got letters of support and a letter from the parents saying you can live with them, I would think they would have a tough time saying no to that one.

 

Good luck.

Excellent! Looks like you anticipated the dreaded "Domicile" issue and have it handled.

[manwithafork]

I investigated as well, (though clearly not as thoroughly as you) before choosing K1. The instructions for K1 do not state the domicile requirement, which is part of the reason I chose it?

 

I don't like the idea of proving that I want to live in the USA. As a USC, shouldn't it be up to them to prove I want to live abroad?

 

Seriously.

 

The instructions for filing the I-139F do include a bit about how to file if you are living abroad, but mention nothing about domicile.

 

Other (similar to my) cases I read about on VJ did not mention it either.

 

*sigh*

 

well, not that any of it matters now, anyway.

 

We could get married tomorrow. I could go to the USA and buy a house and car next week. None of that would effect anything now.

 

I want to go to the USA together with my SO. I want to pick out our future home together. I don't understand why Guangzhou makes this so difficult. If they do not doubt our relationship or financial capacity why should it matter where I currently live?

 

people move all the time.

[LeeFisher3]

Unfortunately every family visa category in China has the same text concerning domicile on the letter sent to the applicant. As they are the only game in town it's easier to come up with a method to meet the requirement than fight it, because in the end they own the ONLY visa printing machine for the family related visas and they know it.