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Knockse

I-684 Domicile question

By Knockse in IR-1 / CR-1 Spouse Visa Process & Procedures

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Knockse Contributor

Knockse   1

Posted
Filed: IR-1/CR-1 Visa Country: Belgium
 Timeline
Posted

Hey Guys,

I have a question about the I-864 form, page 2.

On that form you need to fill out the country of domicile. Not too hard one would think, but hey, I'm struggling. :)

Me and my American wife live in Europe since years. In fact, my wife has lived here since the age of 8 and has never before thought about filing taxes in the US.

So, on the form I would fill in the European country we're residing in now. On the other hand I see that a sponsor needs a domicile in the US to be able to sponsor their spouse.

I was thinking of putting in my own country, that way I am being honest and I can find proof we're trying to establish domicile in the US (letter from work, bank account). My fear is that the administration will just see this text field as a yes or no option field and they will deny the visa for not having the correct country of domicile.

My story about the tax filing comes from the thought we might establish domicile in the US before we send in the I-864. We just have no explanation on why my wife didn't file taxes if we did reside in the US.

your opinions are appreciated :)

09/2011: Trying to get my wife's birth certificate (took 4 months, thx to USPS)

14/02/12: Marriage

21/02/12: I-130 package sent.

24/02/12: I-130 package arrived @ Chicago lockbox

29/02/12: NOA 1 by E-mail

29/02/12: Contacted US accountant for IRS filing.

07/03/12: NOA 2 by E-mail - Your I-130 was approved in 7 days from your NOA1 date

12/03/12: File arrived at NVC

29/03/12: Confirmation of e-mailed DS-3032

30/03/12: Received DS-3032 / I-864 Bill by e-mail

04/04/12: I-864 & DS-230 fee bill paid.

05/04/12: NVC payment portal shows 'paid' status.

13/04/12: Sent out DS-230 & I-864 Package

16/04/12: DS-230 & I864 package received by NVC

21/04/12: Received Checklist for proof of of residency & foreign tax

25/04/12: Sent out reply on checklist

01/05/12: Telephone confirmation of a closed case!

11/05/12: Case complete e-mail and interview date

23/05/12: Medical

05/06/12: Interview!

event.png

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Us citizens must file tax returns even if they have no US income. Your wife should have been filing. She will either need to provide an explation as to why she was not legally require to file or file her past tax returns before the NVC will accept the I-864.

The I-864 requires your US citizen wife to have a US domicile or have evidence that she will have one by thee time you immigrate. You cannot come to the US to establish a US domicile before filing the I-864. Only your US citizen wife can do this. You have no legal status in the US that would allow you to establish a domicile here before immigrating to the US.

Knockse Contributor

Knockse   1

Posted
Filed: IR-1/CR-1 Visa Country: Belgium
 Timeline
  • Author
Posted

Us citizens must file tax returns even if they have no US income. Your wife should have been filing. She will either need to provide an explation as to why she was not legally require to file or file her past tax returns before the NVC will accept the I-864.

The I-864 requires your US citizen wife to have a US domicile or have evidence that she will have one by thee time you immigrate. You cannot come to the US to establish a US domicile before filing the I-864. Only your US citizen wife can do this. You have no legal status in the US that would allow you to establish a domicile here before immigrating to the US.

'having evidence by the time', what kind of sufficient evidence can we deliver? When I search on how people establish their residence in Florida (our destination), there is no straight line to follow. Here we go to city hall and that's it.

09/2011: Trying to get my wife's birth certificate (took 4 months, thx to USPS)

14/02/12: Marriage

21/02/12: I-130 package sent.

24/02/12: I-130 package arrived @ Chicago lockbox

29/02/12: NOA 1 by E-mail

29/02/12: Contacted US accountant for IRS filing.

07/03/12: NOA 2 by E-mail - Your I-130 was approved in 7 days from your NOA1 date

12/03/12: File arrived at NVC

29/03/12: Confirmation of e-mailed DS-3032

30/03/12: Received DS-3032 / I-864 Bill by e-mail

04/04/12: I-864 & DS-230 fee bill paid.

05/04/12: NVC payment portal shows 'paid' status.

13/04/12: Sent out DS-230 & I-864 Package

16/04/12: DS-230 & I864 package received by NVC

21/04/12: Received Checklist for proof of of residency & foreign tax

25/04/12: Sent out reply on checklist

01/05/12: Telephone confirmation of a closed case!

11/05/12: Case complete e-mail and interview date

23/05/12: Medical

05/06/12: Interview!

event.png

Knockse Contributor

Knockse   1

Posted
Filed: IR-1/CR-1 Visa Country: Belgium
 Timeline
  • Author
Posted

'having evidence by the time', what kind of sufficient evidence can we deliver? When I search on how people establish their residence in Florida (our destination), there is no straight line to follow. Here we go to city hall and that's it.

Up

09/2011: Trying to get my wife's birth certificate (took 4 months, thx to USPS)

14/02/12: Marriage

21/02/12: I-130 package sent.

24/02/12: I-130 package arrived @ Chicago lockbox

29/02/12: NOA 1 by E-mail

29/02/12: Contacted US accountant for IRS filing.

07/03/12: NOA 2 by E-mail - Your I-130 was approved in 7 days from your NOA1 date

12/03/12: File arrived at NVC

29/03/12: Confirmation of e-mailed DS-3032

30/03/12: Received DS-3032 / I-864 Bill by e-mail

04/04/12: I-864 & DS-230 fee bill paid.

05/04/12: NVC payment portal shows 'paid' status.

13/04/12: Sent out DS-230 & I-864 Package

16/04/12: DS-230 & I864 package received by NVC

21/04/12: Received Checklist for proof of of residency & foreign tax

25/04/12: Sent out reply on checklist

01/05/12: Telephone confirmation of a closed case!

11/05/12: Case complete e-mail and interview date

23/05/12: Medical

05/06/12: Interview!

event.png

Zabka Rookie

Zabka   4

Posted
Filed: Country: Belgium
 Timeline
Posted

Been trying to figure this out too. Also a bit muddled with tax forms as mine were filed but with 0 and hoping that since I have bank account/credit card/ driver's license in the US that it will prove domicile.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Take a look at the instructions for the form they say ways you can prove domicile. But as PP said, you cannot do anything your wife has to do it. As for the tax forms, sorry no idea also had no idea I was supposed to file taxes in the US if I'm not working there.

Knockse Contributor

Knockse   1

Posted
Filed: IR-1/CR-1 Visa Country: Belgium
 Timeline
  • Author
Posted

Been trying to figure this out too. Also a bit muddled with tax forms as mine were filed but with 0 and hoping that since I have bank account/credit card/ driver's license in the US that it will prove domicile.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Take a look at the instructions for the form they say ways you can prove domicile. But as PP said, you cannot do anything your wife has to do it. As for the tax forms, sorry no idea also had no idea I was supposed to file taxes in the US if I'm not working there.

Hey Zabka,

I see you got your Noa2 very fast, congrats!

We contacted an accountant in the US to file these for us. I don't want to file the I-864 without tax thingy :)

09/2011: Trying to get my wife's birth certificate (took 4 months, thx to USPS)

14/02/12: Marriage

21/02/12: I-130 package sent.

24/02/12: I-130 package arrived @ Chicago lockbox

29/02/12: NOA 1 by E-mail

29/02/12: Contacted US accountant for IRS filing.

07/03/12: NOA 2 by E-mail - Your I-130 was approved in 7 days from your NOA1 date

12/03/12: File arrived at NVC

29/03/12: Confirmation of e-mailed DS-3032

30/03/12: Received DS-3032 / I-864 Bill by e-mail

04/04/12: I-864 & DS-230 fee bill paid.

05/04/12: NVC payment portal shows 'paid' status.

13/04/12: Sent out DS-230 & I-864 Package

16/04/12: DS-230 & I864 package received by NVC

21/04/12: Received Checklist for proof of of residency & foreign tax

25/04/12: Sent out reply on checklist

01/05/12: Telephone confirmation of a closed case!

11/05/12: Case complete e-mail and interview date

23/05/12: Medical

05/06/12: Interview!

event.png

 
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