Having trouble finding answers to residency question!

[aholmby 0]

Hello all!

Hope all is well with everyone and hope everyone is trying their best to get through all of these processes without stressing TOO much (but if you are stressing TOO much, I feel ya!)

My husband and I are just at the point where we are filling out the I864 Affadavit of Support form and then we will of course wait for the next steps in the process.

My issue is I have just moved to Finland to be with him in the mean time, I am a California resident & have only been here 1 month so far (have visited several times already though) anyway, my passport is currently stamped that I can be here for 3 months although we have an appointment with the embassy here to see about me getting a permit to live here as well (does anyone know if thats something we should avoid doing at this point in the process? we are still waiting for my husbands Biometrics test appointment which will be done here as he is a Finnish Citizen) also, I´m having some issues trying to find out exactly how long a California resident can be away from California without losing residency. I´ve tried the google searches, calls to the embassy (with the always lovely extreme hold times), and at this point I´m just wondering if anyone else on here is a California resident who knows the answer to my question or if anyone on here knows where I can find this information for myself.

I thank you for your time and wish everyone a Happy Holiday Season

p.s. of course we will ask the embassy here when we meet with them but I just want to get a head start on the answers to my questions and am just having some trouble with my google search results and attempted embassy phone calls.

[payxibka 10,045]

Embassy does not care about your CA residency but more about your US domicile.... you might try googling "maintaining US Domicile" FWIW, I would think obtaining a residency permit in Finland would be contrary to what you might be trying to do...

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained ties to the United States. You can show this by providing proof of your voting record in the United States, proof you pay State and Federal taxes in the United States, proof you have property in the United States, proof you maintain bank or investment accounts in the United States, or proof you have a permanent mailing address in the United States or proof you are employed in the United States.

Edited December 1, 2009 by payxibka

[edp333 9]

This is what I found on Google:

California has a broad definition of residency for tax purposes.

An individual is treated as a California resident if they are in the state for other than a "temporary or transitory" purpose, or if they are outside California for a "temporary or transitory" purpose but still maintain a domicile in California...... A person's tax "domicile" is typically that place where they have their true, fixed and permanent home to which they intend to return.

http://buschfirm.com/articles/tpcArt_avoiding_ca.html

So what I determine from this lawyer's definition is that if you keep a home or apartment in California with intent to return then California is your residency.

[aholmby 0]

This is what I found on Google:

California has a broad definition of residency for tax purposes.

An individual is treated as a California resident if they are in the state for other than a "temporary or transitory" purpose, or if they are outside California for a "temporary or transitory" purpose but still maintain a domicile in California...... A person's tax "domicile" is typically that place where they have their true, fixed and permanent home to which they intend to return.

http://buschfirm.com/articles/tpcArt_avoiding_ca.html

So what I determine from this lawyer's definition is that if you keep a home or apartment in California with intent to return then California is your residency.

Thank you! That helps

[aholmby 0]

Embassy does not care about your CA residency but more about your US domicile.... you might try googling "maintaining US Domicile" FWIW, I would think obtaining a residency permit in Finland would be contrary to what you might be trying to do...

If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained ties to the United States. You can show this by providing proof of your voting record in the United States, proof you pay State and Federal taxes in the United States, proof you have property in the United States, proof you maintain bank or investment accounts in the United States, or proof you have a permanent mailing address in the United States or proof you are employed in the United States.

Wonderful I do have proof of the things listed and I know it may prove contrary I guess its so much easier for me to remain in the states during this process for the sake of the process but at the same time it´s so much harder and I know many couples do keep the distance between them but it´s just getting so much more expensive every time we travel and the distance is definitely too much to deal with so we´re working as best as we can together to stay together in the same country until very hopefully we are given the green light on this entire process so we can both be together in the states, thank you

[Darnell 8,478]

you want to go to us embassy in finland to apply for a finnish residency permit?

Sorry, that ain't scanning in my brain...

If you have 3 month visa duration for Finland - why not just leave Finland on day 89, take yer man across the border for a few days, and come back to Finland, getting a NEW FINNISH visa stamp ? travelling is fun, travelling as a couple even 'funner'

[trailmix 77]

Domicile for U.S. immigration purposes and domicile in California are two completely separate things (ie: one has nothing to do with the other).

I would suggest that you read the domicile criteria in the instructions in the I-864 and decide which category you fall under. That will determine what proof of domicile or reestablishing domicle you will need. (also note, domicile and reestablishing domicile require different sets of proof).