Domicile requirement

[xiaofeizhu]

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.

[ciao]

Thank you, xiaofeizhu. Very helpful.

 

So, it looks like you didn't have a (proposed or actual) place to live in

the US at the time of the interview. Is that right ?

 

We probably won't have one either, and that's the thing that's

worrying me.

 

But I think I'm confusing "domicile" with "residence" -- two quite

different things, apparently.

[xiaofeizhu]

Thank you, xiaofeizhu. Very helpful.

 

So, it looks like you didn't have a (proposed or actual) place to live in

the US at the time of the interview. Is that right ?

 

We probably won't have one either, and that's the thing that's

worrying me.

 

But I think I'm confusing "domicile" with "residence" -- two quite

different things, apparently.

 

Our proposed place of residence was my mom and dads house. It worked well enough for us, but like I said, they never asked for our domicile stuff. I guess it depends who you have and what the other circumstances of your case are.

 

Maybe others can chime in who have DCFed about the extent of their domicile issues in the interview.

[Randy W]

If you move overseas, but keep your house (and maintain your driver's license, utilities, etc.), then you have maintained a domicile in the US, in spite of living (residing in a residence) overseas.

 

But, yes, think of it more as your intended place to live in the US. The more ties you can exhibit to that place, the better you will establish your domicile.

 

Once you DO get back to the states, you can always change your mind and live somewhere else.

[reliable]

Hi CFL,

 

I am using my mother's address as my residence. My spouse and I will temporally live there until we get our own address. I was just wondering, if me having mail sent to my mothers address would be considered my domicile. Even if the mail is about 2 months before the interview date, would it be considered domicile? I have been in China for 8 years, and also haven't maintained my domicile... Even my ID card has expired >_> I wonder how the VO's present the domicile question during the interview?

 

If recent mail isn't sufficient enough, I will go ahead and do what Kyle mentioned, as in opening a bank account, investing, job interviews, and etc.

 

This domicile issue is a pain... Why is it such a strict matter?

 

My theory is that the VO's wanna make sure no one will end up on the streets after arrival to the US.

[dnoblett]

Hi CFL,

 

I am using my mother's address as my residence. My spouse and I will temporally live there until we get our own address. I was just wondering, if me having mail sent to my mothers address would be considered my domicile. Even if the mail is about 2 months before the interview date, would it be considered domicile? I have been in China for 8 years, and also haven't maintained my domicile... Even my ID card has expired >_> I wonder how the VO's present the domicile question during the interview?

 

If recent mail isn't sufficient enough, I will go ahead and do what Kyle mentioned, as in opening a bank account, investing, job interviews, and etc.

 

This domicile issue is a pain... Why is it such a strict matter?

 

My theory is that the VO's wanna make sure no one will end up on the streets after arrival to the US.

I would be doing as Kyle, bank account, job interviews etc. Evidence that you are re-establishing domicile.

 

Domicile is a requirement because only US Residents can sponsor immigrants. You need to show that living overseas was a temporary condition, not permanent.

 

More can me found in form I-864 instructions.

 

Another note: I-864 requires past years IRS returns, or evidence that you were exempt from filing a return as in low income.

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

Some travel back to the USA shortly after filing the I-130 DCF and begin process of establishing domicile.

[reliable]

Hi Dnoblett,

 

Thanks for answering most of my questions on this forums lol.

 

Yea I have been working on what Kyle, has suggested.

 

Would it really be necessary for me to go back to the United States, to reestablish domicile, when I could do what Kyle has suggested?

 

Could the VO's give my spouse a hard time during the interview, or WILL they give her a hard time? lol. Such as how serious are they about domicile?

 

My father will be co-sponsoring for us so that doesn't exclude me from the domicile issue correct?

 

As for 3 years past tax returns. I have filled out the past 3 years and put all zero's. I just downloaded the forms from a legit website, filled them out, and have not yet mailed them to the IRS. They are all 1040 forms. I will be mailing them out this week. All I have to do now is keep a copy of the 3 1040, forms that I have filled out and bring them in with me to the interview? I've dated them all on the same date, which is current. Will that be a problem?

 

 

Thanks

Edited June 12, 2010 by reliable (see edit history)

[Kyle]

I have some things to add that may set your mind at ease however o am using my phone at work. After I get home I will add more. I will say this your situation seems very similar to ours. This is doable. No worries, more to come.

[reliable]

I have some things to add that may set your mind at ease however o am using my phone at work. After I get home I will add more. I will say this your situation seems very similar to ours. This is doable. No worries, more to come.

 

Thanks Kyle!

 

My mind is already half way at easy now haha!

 

Ill be looking forward to your advice.

 

 

thanks again!

 

ttyl : )

[Kyle]

Hi Dnoblett,

 

Thanks for answering most of my questions on this forums lol.

 

Yea I have been working on what Kyle, has suggested.

 

Would it really be necessary for me to go back to the United States, to reestablish domicile, when I could do what Kyle has suggested? No, but some do. I didn't

 

Could the VO's give my spouse a hard time during the interview, or WILL they give her a hard time? lol. Such as how serious are they about domicile? They are very serious about it. Now I bet they won't flog her, but you'll need to have this covered.

 

My father will be co-sponsoring for us so that doesn't exclude me from the domicile issue correct? Correct.

 

As for 3 years past tax returns. I have filled out the past 3 years and put all zero's. I just downloaded the forms from a legit website, filled them out, and have not yet mailed them to the IRS. They are all 1040 forms. I will be mailing them out this week. All I have to do now is keep a copy of the 3 1040, forms that I have filled out and bring them in with me to the interview? I've dated them all on the same date, which is current. Will that be a problem?

 

You bring them to the interview. You meaning your wife. Not sure about the date. Why not just get transcripts faxed to you? Maybe I'm unclear what you're doing here. Have you filed for the past three years?

 

Thanks

 

I wrote some responses after your questions. It is the same font sorry

[Randy W]

Hi Dnoblett,

 

Thanks for answering most of my questions on this forums lol.

 

Yea I have been working on what Kyle, has suggested.

 

Would it really be necessary for me to go back to the United States, to reestablish domicile, when I could do what Kyle has suggested? No, but some do. I didn't

 

Could the VO's give my spouse a hard time during the interview, or WILL they give her a hard time? lol. Such as how serious are they about domicile? They are very serious about it. Now I bet they won't flog her, but you'll need to have this covered.

 

My father will be co-sponsoring for us so that doesn't exclude me from the domicile issue correct? Correct.

 

As for 3 years past tax returns. I have filled out the past 3 years and put all zero's. I just downloaded the forms from a legit website, filled them out, and have not yet mailed them to the IRS. They are all 1040 forms. I will be mailing them out this week. All I have to do now is keep a copy of the 3 1040, forms that I have filled out and bring them in with me to the interview? I've dated them all on the same date, which is current. Will that be a problem?

 

You bring them to the interview. You meaning your wife. Not sure about the date. Why not just get transcripts faxed to you? Maybe I'm unclear what you're doing here. Have you filed for the past three years?

 

Thanks

 

I wrote some responses after your questions. It is the same font sorry

 

 

These are returns currently being filed, with $0 amounts.

 

Waiting for the transcripts MAY not be a good idea, since the IRS may not accept the returns - the instructions from the IRS say "Do not file" under these conditions.

 

A letter explaining WHY you lived for 5 years with $0 income may help. I would expect that you actually did have income during that time, unless you were living off savings, or someone else was supporting you. It is up to YOU to prove your sources of income - the tax returns are just one part of that picture - don't short-change yourself.

 

There is NO advantage of transcripts over copies of the actual returns, except when they're more convenient. In this case, they're not. Again, simply submit what you have - it's ultimately up to the VO what constitutes "enough".

 

Submit what you have, and make sure it is truthful. That is the best you can do.

[reliable]

Hi Dnoblett,

 

Thanks for answering most of my questions on this forums lol.

 

Yea I have been working on what Kyle, has suggested.

 

Would it really be necessary for me to go back to the United States, to reestablish domicile, when I could do what Kyle has suggested? No, but some do. I didn't

 

Could the VO's give my spouse a hard time during the interview, or WILL they give her a hard time? lol. Such as how serious are they about domicile? They are very serious about it. Now I bet they won't flog her, but you'll need to have this covered.

 

My father will be co-sponsoring for us so that doesn't exclude me from the domicile issue correct? Correct.

 

As for 3 years past tax returns. I have filled out the past 3 years and put all zero's. I just downloaded the forms from a legit website, filled them out, and have not yet mailed them to the IRS. They are all 1040 forms. I will be mailing them out this week. All I have to do now is keep a copy of the 3 1040, forms that I have filled out and bring them in with me to the interview? I've dated them all on the same date, which is current. Will that be a problem?

 

You bring them to the interview. You meaning your wife. Not sure about the date. Why not just get transcripts faxed to you? Maybe I'm unclear what you're doing here. Have you filed for the past three years?

 

Thanks

 

I wrote some responses after your questions. It is the same font sorry

 

 

These are returns currently being filed, with $0 amounts.

 

Waiting for the transcripts MAY not be a good idea, since the IRS may not accept the returns - the instructions from the IRS say "Do not file" under these conditions.

 

A letter explaining WHY you lived for 5 years with $0 income may help. I would expect that you actually did have income during that time, unless you were living off savings, or someone else was supporting you. It is up to YOU to prove your sources of income - the tax returns are just one part of that picture - don't short-change yourself.

 

There is NO advantage of transcripts over copies of the actual returns, except when they're more convenient. In this case, they're not. Again, simply submit what you have - it's ultimately up to the VO what constitutes "enough".

 

Submit what you have, and make sure it is truthful. That is the best you can do.

Oh crap so I don't hand in the filled returns? I must hand in the transcripts from the IRS? If that's the case than I don't see how I am going to get the transcripts since the IRS will see all zero's on the returns.

 

My method of staying in China for 8 years without working... (sort of with out working)

I have been private tutoring on and off for the years, which I don't see as a legitimate job. I am not legally allowed to be working in China, since I am on an "L" visa. I did not state that I've been employed on any of the forms that relate to the immigration process. Well it's because I haven't really been so.

 

My wife makes a decent amount of income, which also got us by during our past years. I came to China, on a student visa in 2002, to study martial arts. After I left the martial arts school, I basically, have been staying at my residence in China, doing nothing but learning Chinese, martial arts, music, computer, cooking, and a lot more! >_<

After a few years of being here, I started getting request from friends to help them, or their children with spoken English. I decided to help and they started paying, or giving gifts. Now I have enough private students, and it gets us by well. Yet again I still do not make enough to file for taxes, nor did I ever... On top of that I did receive a balloon payment from a settlement I had a long time ago, prior to my arrival in China. That also helped out a lot financially. Ever since my daughter was born I have pretty much been a house husband. haha...

[dnoblett]

Oh crap so I don't hand in the filled returns? I must hand in the transcripts from the IRS? If that's the case than I don't see how I am going to get the transcripts since the IRS will see all zero's on the returns.

 

My method of staying in China for 8 years without working... (sort of with out working)

I have been private tutoring on and off for the years, which I don't see as a legitimate job. I am not legally allowed to be working in China, since I am on an "L" visa. I did not state that I've been employed on any of the forms that relate to the immigration process. Well it's because I haven't really been so.

 

My wife makes a decent amount of income, which also got us by during our past years. I came to China, on a student visa in 2002, to study martial arts. After I left the martial arts school, I basically, have been staying at my residence in China, doing nothing but learning Chinese, martial arts, music, computer, cooking, and a lot more! >_<

After a few years of being here, I started getting request from friends to help them, or their children with spoken English. I decided to help and they started paying, or giving gifts. Now I have enough private students, and it gets us by well. Yet again I still do not make enough to file for taxes, nor did I ever... On top of that I did receive a balloon payment from a settlement I had a long time ago, prior to my arrival in China. That also helped out a lot financially. Ever since my daughter was born I have pretty much been a house husband. haha...

Randy answered this earlier: http://candleforlove.com/forums/index.php?...st&p=554562

 

You can provide copies of the 1040's or transcripts.

[reliable]

Oh crap so I don't hand in the filled returns? I must hand in the transcripts from the IRS? If that's the case than I don't see how I am going to get the transcripts since the IRS will see all zero's on the returns.

 

My method of staying in China for 8 years without working... (sort of with out working)

I have been private tutoring on and off for the years, which I don't see as a legitimate job. I am not legally allowed to be working in China, since I am on an "L" visa. I did not state that I've been employed on any of the forms that relate to the immigration process. Well it's because I haven't really been so.

 

My wife makes a decent amount of income, which also got us by during our past years. I came to China, on a student visa in 2002, to study martial arts. After I left the martial arts school, I basically, have been staying at my residence in China, doing nothing but learning Chinese, martial arts, music, computer, cooking, and a lot more! >_<

After a few years of being here, I started getting request from friends to help them, or their children with spoken English. I decided to help and they started paying, or giving gifts. Now I have enough private students, and it gets us by well. Yet again I still do not make enough to file for taxes, nor did I ever... On top of that I did receive a balloon payment from a settlement I had a long time ago, prior to my arrival in China. That also helped out a lot financially. Ever since my daughter was born I have pretty much been a house husband. haha...

Randy answered this earlier: http://candleforlove.com/forums/index.php?...st&p=554562

 

You can provide copies of the 1040's or transcripts.

So I do just hand in a copy of the 1040's?

 

I haven't filed for the past 3 years over the past 3 years. What I have done was printed out the 1040 forms yesterday for years 2007, 2008, 2009, and then filled them out. So my question is will this be acceptable for the I-864, and the VO's for my wife to bring with her to the interview? I dated all 3 forms the same date, since I just filled them out yesterday. When I mention date, I meant the date that you have to put next to your signature, after filling the form out.

 

Am on the right path or am I just a complete idiot? LOL!

 

Thanks again

[Randy W]

 

So I do just hand in a copy of the 1040's?

 

I haven't filed for the past 3 years over the past 3 years. What I have done was printed out the 1040 forms yesterday for years 2007, 2008, 2009, and then filled them out. So my question is will this be acceptable for the I-864, and the VO's for my wife to bring with her to the interview? I dated all 3 forms the same date, since I just filled them out yesterday. When I mention date, I meant the date that you have to put next to your signature, after filling the form out.

 

Am on the right path or am I just a complete idiot? LOL!

 

Thanks again

 

 

Yes, you are! (on the right path - can't tell as to the second question - just kidding )