Husband wants to come home

[yachachiq12 43]

If you review the I-864 instructions, you'll see that he will need to show either intent to re-establish domicile in the US or continued domicile in the US (even if he uses a co-sponsor, this requirement will need to be met). Since he didn't reside there very long, he may have the burden of presenting more proof than someone who resided in the US most of their life. The domicile issue is one that everybody filing through DCF has had to deal with since they're residing outside the US too. I recommend you go to the DCF forum to look for some examples or do a general search for threads where people have described what evidence they used.

In our "re-establish domicile" case, for example, I showed documentation of the following: where we would live, where I (USC) would return to work and study, maintenance of voter registration and drivers license, maintenance of US bank accounts. All of these things demonstrated the means by which to reside in the US and the intent to immediately return.

"Filing" taxes and "paying" taxes are sometimes two different issues. It's possible the Consulate told your husband he did not owe taxes. But as Anh map is urging you here, you really need to have him determine if he needs to file, even if he was working abroad.

Start looking for a co-sponsor. With the current plan of your husband giving up his US-based income, you'll need one.

[pushbrk 13,876]

His forms will be filed as a US citizen and thus all requirements of a US citizen must be met. If he earned below the income threshold then it's a simple matter. If he didn't, then it may be more complicated.

Sometimes it is not the question that you ask, but rather the context of the question.

Better to double check and be sure than have a problem at interview time.

Also, there's a big difference between the requirement to FILE a tax return and the requirement to actually PAY any taxes. Chances are, there will be no need to pay any US tax, but if his foreign income was above the filing threshold, he will be required to file.

To your original question, it looks like he'll need a joint sponsor in order for there to be any visas issued for his family members.

[merkin&regine 18]

To be honest, I'm not familiar with how tax works. That's just what the US Consulate said to him before. I already told him to double-check with IRS. He said he'll do it this January.

How can he go about proving domicile? Like what documents does he need to show?

Actually, he has already bought a return ticket to the States. He will be here for a month. For sure, I'll show this information to him. I hope it will be good enough to convince him to hold on just a little bit longer..=)

Proof of Domicile includes the Following but no t Limited to: Bank Statements, Permanent US Address, Filing Income tax Returns with US address, Having A Job, YOu can also ask him to take pics on a Government Building with a date on it, Voter's Registration and anything you can think to tell them that he is already in US and will be staying there for good.

If your husband will be in the Philippines for 1 month, this shouldnt be a problem. But just dont let him stay there long enough and wait till your interview comes, coz im sure you'll get the DOMICILE trouble.. Guaranteed. I've seen one case here that has that problem. I think that was from India.

[merkin&regine 18]

If you review the I-864 instructions, you'll see that he will need to show either intent to re-establish domicile in the US or continued domicile in the US (even if he uses a co-sponsor, this requirement will need to be met). Since he didn't reside there very long, he may have the burden of presenting more proof than someone who resided in the US most of their life. The domicile issue is one that everybody filing through DCF has had to deal with since they're residing outside the US too. I recommend you go to the DCF forum to look for some examples or do a general search for threads where people have described what evidence they used.

In our "re-establish domicile" case, for example, I showed documentation of the following: where we would live, where I (USC) would return to work and study, maintenance of voter registration and drivers license, maintenance of US bank accounts. All of these things demonstrated the means by which to reside in the US and the intent to immediately return.

"Filing" taxes and "paying" taxes are sometimes two different issues. It's possible the Consulate told your husband he did not owe taxes. But as Anh map is urging you here, you really need to have him determine if he needs to file, even if he was working abroad.

Start looking for a co-sponsor. With the current plan of your husband giving up his US-based income, you'll need one.

... For more reference: here's a link from NVC:

http://travel.state.gov/visa/immigrants/types/types_2991.html

U.S. Sponsor Minimum Age Requirement

There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

Good Luck!

[yachachiq12 43]

... For more reference: here's a link from NVC:

http://travel.state.gov/visa/immigrants/types/types_2991.html

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions.

Be careful though. There is no hard and fast rule that her spouse has to physically reside in the US at the time of the interview. Since he has spent very little of his life in the US, he may have a higher bar of evidence to surpass, but that does not mean he cannot sponsor his family while living abroad if he goes about this the right way. Many a couple have successfully navigated the process with both residing abroad at the time. The catch is to prove "intent to re-establish domicile" or "having never abandoned domicile." Here's the other half of the story to follow up on what merkin78 has quoted you from the NVC website; this from the I-864 instructions:

15. Country of Domicile. This question is asking you toindicate the country where you maintain your principalresidence and where you plan to reside for the foreseeablefuture. If your mailing address and/or place of residence isnot in the United States, but your country of domicile is theUnited States, you must attach a written explanation anddocumentary evidence indicating how you meet the domicilerequirement. If you are not currently living in the UnitedStates, you may meet the domicile requirement if you cansubmit evidence to establish that any of the followingconditions apply:

[irrelevant section on being employed abroad cut]

B. You are living abroad temporarily.If you are not currently living in the United States, you mustshow that your trip abroad is temporary and that you havemaintained your domicile in the United States. You can showthis by providing proof of your voting record in the UnitedStates, proof of paying U.S. State or local taxes, proof ofhaving property in the United States, proof of maintainingbank or investment accounts in the United States, or proof ofhaving a permanent mailing address in the United States.Other proof could be evidence that you are a student studyingabroad or that a foreign government has authorized atemporary stay.

C. You intend in good faith to reestablish your domicile inthe United States no later than the date of the intendingimmigrant's admission or adjustment of status.You must submit proof that you have taken concrete steps toestablish you will be domiciled in the United States at a timeno later than the date of the intending immigrant's admissionor adjustment of status. Concrete steps might includeaccepting a job in the United States, signing a lease orpurchasing a residence in the United States, or registeringchildren in U.S. schools. Please attach proof of the steps youhave taken to establish domicile as described above.

[MalaysianGirl 26]

The reason behind he does not have to file tax in US is an exmeption .. and i think it's huge.. maybe about $90k? you need to check on IRS but technically, if YOu are a US citizen, you need to file taxes anywhere you go and USA does not recognize dual citizenship...

It doesn't? As far as I know, it does...

[pushbrk 13,876]

It doesn't? As far as I know, it does...

Officially, the US doesn't recognize dual citizenship but this is a distinction without a difference. They don't make you choose. If you are a citizen of more than one country, it is what it is.

[MalaysianGirl 26]

Officially, the US doesn't recognize dual citizenship but this is a distinction without a difference. They don't make you choose. If you are a citizen of more than one country, it is what it is.

Thanks for the clarification!

[merkin&regine 18]

Be careful though. There is no hard and fast rule that her spouse has to physically reside in the US at the time of the interview. Since he has spent very little of his life in the US, he may have a higher bar of evidence to surpass, but that does not mean he cannot sponsor his family while living abroad if he goes about this the right way. Many a couple have successfully navigated the process with both residing abroad at the time. The catch is to prove "intent to re-establish domicile" or "having never abandoned domicile." Here's the other half of the story to follow up on what merkin78 has quoted you from the NVC website; this from the I-864 instructions:

15. Country of Domicile. This question is asking you toindicate the country where you maintain your principalresidence and where you plan to reside for the foreseeablefuture. If your mailing address and/or place of residence isnot in the United States, but your country of domicile is theUnited States, you must attach a written explanation anddocumentary evidence indicating how you meet the domicilerequirement. If you are not currently living in the UnitedStates, you may meet the domicile requirement if you cansubmit evidence to establish that any of the followingconditions apply:

[irrelevant section on being employed abroad cut]

B. You are living abroad temporarily.If you are not currently living in the United States, you mustshow that your trip abroad is temporary and that you havemaintained your domicile in the United States. You can showthis by providing proof of your voting record in the UnitedStates, proof of paying U.S. State or local taxes, proof ofhaving property in the United States, proof of maintainingbank or investment accounts in the United States, or proof ofhaving a permanent mailing address in the United States.Other proof could be evidence that you are a student studyingabroad or that a foreign government has authorized atemporary stay.

C. You intend in good faith to reestablish your domicile inthe United States no later than the date of the intendingimmigrant's admission or adjustment of status.You must submit proof that you have taken concrete steps toestablish you will be domiciled in the United States at a timeno later than the date of the intending immigrant's admissionor adjustment of status. Concrete steps might includeaccepting a job in the United States, signing a lease orpurchasing a residence in the United States, or registeringchildren in U.S. schools. Please attach proof of the steps youhave taken to establish domicile as described above.

Thats why I said.. proving DOMICILE is a complex case and the determination of you satisfying the DOMICILE requirement lies on the CONSUL... and it really doesnt matter how long you were out of the country before as long as you established DOMICILE by the time of your fiance's interview. I have experienced this personally with my sister.

Gud luck everyone..