USC filing from abroad - Looking for tips and advice

[Olives24 9]

Hi Everyone,

Im a USC currently living in Australia with my fiance (who is an Australian citizen). In a few weeks we plan to get married. We also recently gave birth to our son who is nearly a month old. The plan is for us to move our little family to the US were we can be closer to my relatives and begin building our lives there.

We plan on applying for a Spouse Visa (IR-1/CR-1 I believe) after we marry then will register a birth abroad to get our little one a SSN and US passport.

My biggest concern is the wait time (6 months - 12 months I believe?) and the fact that I'm living in Australia. Do I need a co-sponsor because of this? I have some active bank accounts in the US and have sent mail to my US address which is under my name via a mortgage.

Any other tips and personal experience stories would be helpful.

Thanks and wish us luck!

[Ryan H 3,796]

Moved from Progress Reports to Process & Procedures.

[Olives24 9]

Oh sorry! I didn't realize I had it in the wrong subforum. Thanks for moving.

[kaelabelle 10]

Hi there!

I am also filing from abroad.....I am still in the beginning of the process (waiting for NOA2) but from what I understand you will only need a co-sponsor if you don´t prove income 125% above the poverty line (this can be proved by your US tax transcripts). I live in Brazil, and my salary is so low that I wasn´t even required to file taxes in the US, so I am definitely going to need a co-sponsor, luckily my dad has a good salary and is happy to help out. The other things you mentioned will just be needed to show domicile in the US, in addition to what you mentioned a current drivers license and voters registration could be helpful good luck!

[Olives24 9]

Hi there!

I am also filing from abroad.....I am still in the beginning of the process (waiting for NOA2) but from what I understand you will only need a co-sponsor if you don´t prove income 125% above the poverty line (this can be proved by your US tax transcripts). I live in Brazil, and my salary is so low that I wasn´t even required to file taxes in the US, so I am definitely going to need a co-sponsor, luckily my dad has a good salary and is happy to help out. The other things you mentioned will just be needed to show domicile in the US, in addition to what you mentioned a current drivers license and voters registration could be helpful good luck!

Hi Kaelabelle,

Thanks for your response! I've been living overseas for 2 1/2 years and must admit, I have not filed my 2012 or 2013 US taxes. I've only filed my Australian taxes. I found it difficult to file my OZ taxes in the US since the tax cycles are different. Is this something I should do asap? April is the deadline so I presume I can try and get them done.

I do have some savings in the US that can show I have fund above the US poverty line. Do you think showing a bank statement of this would help?

Also for domicile, I have a mortgage in the US under my name and my US voting registration in NY is still active. Would these be helpful?

[kaelabelle 10]

Definitely get on the taxes thing, then you will be able to show your earnings, if you don´t know a lot about filing taxes from abroad I would hire someone to take care of it for you....you should be able to avoid paying taxes on most of your income by using foreign earned income deductions (here I am not an expert at all....) you will need the tax transcripts for your afadavit of support. I am pretty sure that your savings will help too. Check out the guides section on the top of the visa journey website they are very helpful. It seems like the requirements for domicile vary a lot depending on where you to your interview...some require a lot, and some really don´t care so check out the posts about interviews in your embassy.

[Abby&Mario 100]

I'm in a similar boat, filing from Colombia. I wish those of us filing from abroad had a subforum! You, like me, will file for a CR-1, the visa when a couple has been married for fewer than two years. My dad is going to be the co-sponsor because even though I have Colombian residency, I haven't been able to find a job yet. Post #4 is right about proving income. Your location is not what would directly cause you to need a co-sponsor. Just saw your newest post--pay your taxes ASAP!! Even if you have a co-sponsor, you will have to submit that documentation later on.

Register the birth before sending your I-130 packet. Your child is proof of a bonafide marital relationship. (Congratulations, by the way!)

As for the wait being a concern, just be glad you're not an early 2013 filer--their wait times have been horrendous. Things have picked up a bit since then. This forum is great for staying up to date on processing times.

What is different for us...Oh, the payment. Has to be in dollars from an American account. Do you have the checkbook from your account back home with you in Australia? That would make your life easier. If not, it can come from someone else who's willing to do you the favor. Money orders are also accepted, but I don't know how that works. Search the forum for those specifics.

[Olives24 9]

I'm in a similar boat, filing from Colombia. I wish those of us filing from abroad had a subforum! You, like me, will file for a CR-1, the visa when a couple has been married for fewer than two years. My dad is going to be the co-sponsor because even though I have Colombian residency, I haven't been able to find a job yet. Post #4 is right about proving income. Your location is not what would directly cause you to need a co-sponsor. Just saw your newest post--pay your taxes ASAP!! Even if you have a co-sponsor, you will have to submit that documentation later on.

Register the birth before sending your I-130 packet. Your child is proof of a bonafide marital relationship. (Congratulations, by the way!)

As for the wait being a concern, just be glad you're not an early 2013 filer--their wait times have been horrendous. Things have picked up a bit since then. This forum is great for staying up to date on processing times.

What is different for us...Oh, the payment. Has to be in dollars from an American account. Do you have the checkbook from your account back home with you in Australia? That would make your life easier. If not, it can come from someone else who's willing to do you the favor. Money orders are also accepted, but I don't know how that works. Search the forum for those specifics.

Definitely needs to be a subforum for abroad filers!

I'll work to file my taxes asap. I don't think I owe the government money, it would likely be for record purposes.

That is so sad to hear that the 2013 wait time has been bad. Fingers crossed 2014 is better.

I do still have my checkbook from my US account, so I can make the payment that way. Glad that will make things easier.

[lost_at_sea 995]

Main thing for foreign filers is to make sure they have their US domicile requirements in order (see the I-864 instruction PDF - it has suggested evidence there). Driving licence, home, job lined up... That sort of thing.

Also, having US taxes filed is a must.

Edited March 10, 2014 by lost_at_sea

[Homer Simpson 7]

Yes,right. And from what I knew the check must be drawn on a US bank in US $.

I am a Canadian, living in Toronto, I ended up going on a 1.5 HOURS trip to Niagara falls with my family to issue a $420 US $ money order from the US side of the border, and came back to Toronto and sent my I-130 application to Chicago the next day.

In your case you definitely can ask your dad to issue it for you in the States and send it to you, I don't agree with issuing a U$ money order or a check drawn on a NON US banks as some people did that through Canadian banks with their US$ accounts and wasn't accepted by the USCIS.

Best way is through your father to be in the safe side. good luck.

[laje 2]

I am filing from Argentina. I couldn't figure out a way to send a check or money order from here, and so I first send the package to my parents, and they made wrote a check from their US account and then sent it on the Chicago. It was accepted no problem. I'm going to pay them back when I get home, having them pay was just the safest bet.

and yes, a sub-forum for people filing from abroad would be great!

[shikimo 8]

You've had good advice so far re re-establishing US domicile, etc...but I think I can add a little tax insight:

As you probably know, US citizens abroad have the honour of being required to file a return, and sometimes pay taxes on, all income earned under the sun. The good news is that you can deduct up to about 90K USD (the exact amount changes every year) of annual foreign-earned WAGES under the foreign earned income exclusion if you spend a majority of the tax year abroad. The bad news is that any interest, rent, capital gains, etc. cannot be covered by this exclusion and are fully taxable. Self-employment income not claimed as revenue in your home country falls in the same boat. The fact that you haven't filed for a couple of years is no huge problem, but if you do have some none-wage income or wage income beyond the exclusion limit, you might have tax, interest, and penalties to pay.

Each year my tax return has three major parts: the 1040, the foreign earned income exclusion, and the self-employment schedules. It's a little complicated, but nothing you can't do yourself. Then again, I've never been two years behind so I don't know how that works.

As noted above, you definitely want to get right with the IRS before opening yourself up to the I-864 investigation of your financial situation. It's not like they're necessarily sharing notes, but the tax documents are an important part of the sponsoring process.

[David & Diana R 1,005]

Hi Kaelabelle,

Thanks for your response! I've been living overseas for 2 1/2 years and must admit, I have not filed my 2012 or 2013 US taxes. I've only filed my Australian taxes. I found it difficult to file my OZ taxes in the US since the tax cycles are different. Is this something I should do asap? April is the deadline so I presume I can try and get them done.

I do have some savings in the US that can show I have fund above the US poverty line. Do you think showing a bank statement of this would help?

Also for domicile, I have a mortgage in the US under my name and my US voting registration in NY is still active. Would these be helpful?

Yes, I believe that you need to get your US taxes filed ASAP.

[lucybelle 453]

I'm another filing from abroad!

I've filed my taxes for the past two years but I make so little that I didn't have to pay any taxes on my income. Remember- as a US citizen filing from abroad you get an automatic extension until July to file taxes. But since you have a few years to backfile, you should probably get moving.

Income earned abroad does not count towards 125% above poverty line unless that income will continue in the USA. Otherwise you need 5xs the 125% above the line in assets or a cosponsor.

I send all my stuff to my mom in the USA, she inserts check or whatever, and then forwards from there. I also used my mom's address for "my" address since the mail system in CR is extraordinarily unreliable. Remember, if you get an RFE it will be mailed to you, no way to see it online or call to get the info. So if you want to use your OZ address keep in mind mail will probably take longer to get there than to a USA address.

There are lots of ways to prove domicile. Here's the basic letter available on the forums:

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME.

Below you will find a list of attached documents to show that my principle residence

is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

• Maintained my XXXX voter registration

• Maintained my XXXX credit card registered in the US with a US PO box

• Maintained my bank account at the XXXX Credit Union

• Maintained my bank account at XXXX Bank

• Maintained my XXXX drivers license

• Maintained my US retirement fund through XXXX

• Maintained my US investment account with XXXX

• Maintained my US PO box

• Maintained licensure by the XXXX

• Maintained membership in the XXXX

• Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

• Voter registration card showing permanent US address

• XXXX credit card statement showing US billing address

• XXXX Credit Union statement showing permanent US address

• XXXX Bank statement showing permanent US address

• XXXX drivers license showing permanent US address

• Retirement fund statement showing permanent US address

• Mutual fund statement showing permanent US address

• XXXX license currently up to date

• Renewal of XXXX membership

• County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

• Made arrangements for us to have a house to live in

• Contacted schools for requirements of things to bring to register my children in school

• Contacted my auto insurance company to find out about re-instating my insurance on my car

• Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

• Lease agreement for our house

• Email from schools regarding registration requirements

• Email from my former auto insurance company regarding my inquiry

• Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States

no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements

in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

[Olives24 9]

Thanks for all of your responses! This is excellent information and I feel much more prepared than before.