I-864 And Domicile for a student

[James In Jinan]

So, I just received my P-3 an amazing two weeks after I received my NOA-2, which was a bit of a surprise. I'm just all giddy, and feeling on top of the world! I've got everything ready, including my Joint Sponsor in the United States.

However, I am suddenly fearful of my laziness and procrastination. I have been in China for the last two and a half years. I have officially been a student learning Chinese, but I've been earning money on the side doing private English tutoring. I filed my 2008 taxes, which was the last time I earned taxable income in the United States, but I haven't known how to file my 2009 taxes. I planned to ask a tax professional back in the United States when I was in America back last September, but unfortunately I was too busy with other more pressing matters. And now I'm looking at the I-864 more deeply, and I'm getting more and more worried about my own I-864 and proving my domicile back in the United States, which unluckily, doesn't really exist.

Do I need my 2009 and 2010 tax returns, even though I didn't legally earn any money or even illegally earn any taxable income? If so, how do I fill out the tax return forms with a bunch of blanks and zeros? Do I just do that, with almost no information, and send it in anyways?

For my Domicile, is a valid driver's license enough? I don't have a bank account. I plan on using my joint sponsor's bank account, who I have been sending back any extra money I do have. Is the transfer of funds enough? My wife has a lot of money that we have saved together in her bank account, and we are planning on using that money when we go to the states.

I have everything for my Joint Sponsor. Now, my Joint Sponsor is a friend, and my father has offered to be a Substitute sponsor. Is that possible?

[dnoblett]

I-864 requires you to attach most recent return 2009, after April 2010 your 2010 return. Or a note explaining why one was not filed. You may be exempt from paying tax on foreign income, however you are not exempt from filing a 1040 each year.

 

I would go to IRS gov and download past years form fill out zero returns, and file late.

 

Domicile evidence DL, bank account, mail to a US address, job offers, etc..

[James In Jinan]

I thought thats what I had to do. Thanks a lot for giving me that extra push to just go ahead and do the obvious. You know, it just feels so funny doing things that have no real reason to them.

 

The domicile issue is still causing me a bit of a worry. Is it really important to have more than one way to prove? Is there anything I can do in China to help prove my domicile in America?

 

I also want to ask if anyone has any statistics about how long it takes for GUZ to give you an appointment after sending them back the P-3 package. I have seen a lot about NOA2 to Interview, but nothing about P3 to interview. If I wait until the IRS sends me the tax forms to my friends address in the States, I'll have wasted 3 months. I do have a hope and dream to return to the united states with my wife next summer (july to august)

[dnoblett]

Searching the web for "us domicile proof" gets:

 

http://www.immihelp.com/affidavit-of-support/country-of-domicile.html

http://www.visajourney.com/forums/topic/261418-proof-of-us-domicile/

[2mike&jin]

I-864 requires you to attach most recent return 2009, after April 2010 your 2010 return. Or a note explaining why one was not filed. You may be exempt from paying tax on foreign income, however you are not exempt from filing a 1040 each year.

 

I would go to IRS gov and download past years form fill out zero returns, and file late.

 

Domicile evidence DL, bank account, mail to a US address, job offers, etc..

 

 

 

I would recommend that the poster, and all for that matter, not ever earn income (teaching on the side) and not report it. There is no such concept in the US IRS rules. There is only the concept of worldwide income and reporting it. It is true, that if you earn very little the law accomodates that and the end result will be that no taxes are due, but as many say - you need to report the income, and if you send in a tax form and enter all zero's when it's not true - then be prepared to suffer the consequences. Yes, I know the Gov't doesn't monitor this site - and no one will be mad at the OP and drop a dime on him! [Know the rules - follow the rules, mistakes are forgiven fraud is punished]

Edited January 31, 2011 by 2mike&jin (see edit history)

[James In Jinan]

 

I would recommend that the poster, and all for that matter, not ever earn income (teaching on the side) and not report it. There is no such concept in the US IRS rules. There is only the concept of worldwide income and reporting it.

 

 

Word. I filled them out truthfully and as weirdly as it felt, I was in the end compelled to send them in with the reassurance that any proof that I attempted to file my taxes would be better than none, no matter what the possible consequences were.

 

And now, recently, I think I have come across to the answer to my other question about domicile!

 

It's in the I-864 instructions, and it's in London US embassy site (4th paragraph, 1st sentence), and it's getting me kind of excited (in a weird way). I'm talking about: "There may be other instances where the sponsor is temporarily residing outside the United States, for example, he or she may be studying or teaching." under the domicile issue.

 

It's music to my ears. At least, I think it is. I think it means that, in the I-864, I can put USA under 15. Country of Domicile, and put my Chinese address in 13. Place of Residence (if different from mailing address), and then attach a letter explaining that I am a student with my report cards and other proof of being a student. If I do that, as well as bring a letter from a friend saying we can stay with them if need be, as well as a letter from a company saying they will hire me, as well as my valid driver's license, do you guys think I'll be okay?

[dnoblett]

Should be, need to provide evidence living abroad is a temporary thing and evidence once finished with school you will be returning to USA.

[Kyle]

If you're teaching/studying in China (and you have a residence permit), your current country of domicile is "China" on question 15 on the I864. That's what we listed. Why would you list the United States if you're not currently living there? The whole paragraph states

There may be other instances where the sponsor is temporarily residing outside the United States, for example, he or she may be studying or teaching. As stated, the defining factor is whether or not the individual is able to show that his or her residence outside the United States is clearly of a temporary nature and that he or she did not give up his/her residence in the United States to establish a residence abroad

 

Your current domicile is China and you're going to need to prove that you are reestablishing domicile in the United States. That's the mountain DCF USC's need to climb

Edited April 2, 2011 by Kyle (see edit history)

[Randy W]

If you're teaching/studying in China (and you have a residence permit), your current country of domicile is "China" on question 15 on the I864. That's what we listed. Why would you list the United States if you're not currently living there? The whole paragraph states

There may be other instances where the sponsor is temporarily residing outside the United States, for example, he or she may be studying or teaching. As stated, the defining factor is whether or not the individual is able to show that his or her residence outside the United States is clearly of a temporary nature and that he or she did not give up his/her residence in the United States to establish a residence abroad

 

Your current domicile is China and you're going to need to prove that you are reestablishing domicile in the United States. That's the mountain DCF USC's need to climb

 

 

 

You would list your domicile in the US if you are returning (or moving to) to a place of residence that you have maintained for that purpose. Teaching in China, for most folks, is a temporary change in address - not necessarily a change of domicile.

 

For example, a student at a university may show their parents' address as their home address (or domicile).

 

If I remember correctly, Kyle, you used your parents for this purpose (as a co-sponsor).

Edited April 2, 2011 by Randy W (see edit history)

[Kyle]

Sure, but if you have a residence permit, your country of residence is China. Right?

Edited April 2, 2011 by Kyle (see edit history)

[Randy W]

Sure, but if you have a residence permit, your country of residence is China. Right?

 

 

Sure, but if you have maintained (or are establishing) a domicile in the US, you would want to use that for your domicile. Your place of residence is just a place where you can receive mail, and not even that in some cases.

 

Even LPR's can maintain a US domicile - check out form I-191.

 

I sold my home in Houston, but if I hadn't, I would list that as my domicile, even though I haven't been to it in over a year.

[Randy W]

Sure, but if you have a residence permit, your country of residence is China. Right?

 

 

Sure, but if you have maintained (or are establishing) a domicile in the US, you would want to use that for your domicile. Your place of residence is just a place where you can receive mail, and not even that in some cases.

 

Even LPR's can maintain a US domicile while living in a foreign (non-US) country - check out form I-191.

 

I sold my home in Houston, but if I hadn't, I would list that as my domicile, even though I haven't been to it in over a year.

[James In Jinan]

Okay, I'm still confused, but I think I should put China as my country of Domicile. I mean, I've lived in China as a student for 2 and a half years already, only returning to the states once. I've always had a clear intention of returning back to America (and if it wasn't for meeting my wife I would of returned after the first 6 months!) but I don't have any clear proof of this.

 

Maybe I should just fill out two forms, one for USA domicile, and one for China domicile, with the proof for both of them, and then give them the USA domicile first, and if they have a problem, just give them the one for China domicile? Is that okay? Seems weird.

 

Also, I'm starting to get a little worried about not having a bank account. That seems really basic, and I'm starting to get worried that not having a bank account may hurt me. I mean, my Grandfather and father are going to give me money when I get back, but I can't prove that. Should I have them write something saying they are going to give me money?

 

Another thing I'm slightly confused about is how does this process go down, I mean, do they ask these questions to my wife during the interview? Should we be preparing answers to obvious questions they will ask her about my domicile?

 

Lastly, does anyone have any examples of letters from employeers stating intent to hire, as well as letters stating intent to let us stay with them? My friends have a lot of questions as they write them, and I don't know the answers.

[dnoblett]

You are confusing domicile and residence, showing China as domicile will get your I-864 rejected no I-864 no visa.

 

You can show China as residence, however you need to prove you did not give up your Domicile in the USA.

[Kyle]

Dan, I did put China as my domicile. I thought the issue was proving that you've reestablished (or are working to) US domicile

Edited April 5, 2011 by Kyle (see edit history)