Several questions (Domicile, income)

[Renegade 11]

Sorry for making a separate thread but there's so much information here, I'm confused :/

Just a few simple questions, to go on

1) I've never worked in the US and never payed taxes, do I need to work one full year, to be able to show my income in Affidavit?

Anyway joint sponsor is my only option, because I'm not be able to make enough income... I'm planning to move to the US, then start the process of CR1.

2) At which step do I need to return to the US for reestablishing domicile? (Job, rent, driver license e.t.c). We want to be together as much as we can.

3) In the country that I live for the last 15 years, my income is very low compared to the US (4000$-5000$ yearly). Is it ok that I'm not paying any taxes?

4) Can the fact, that I lived most of my life outside of the US, affect on the final decision during my spouse interview?

Thank you.

[NikLR 13,232]

To answer everything because all of your questions are really one large question.

Obviously you live in a country that is not Canada, so reestablishment of domicile should be decently easy. You likely will not have to move back before your spouse, however, it may be beneficial to do so because it's not free or cheap to live in the USA. You will want a job to pay for necessities and a place to live for you and your spouse. You aren't required to do this if you have a joint sponsor however. The CO will make the decision at the interview if you have made enough steps to reestablish your domicile. If not they will issue a 221g asking for more information and give you a time limit in which to provide it.

Because you made such a low amount you made under the threshold to file. You can backfile for the last 3 years (as USC you are required to file taxes no matter where you live in the world unless you made under the threshold to file) but providing a statement that says you made under the threshold to file is sufficient.

You can file the I-130 no matter where you live in the world so moving back before filing the I-130 isn't required or needed. To lessen time apart I suggest you do so.

[NikLR 13,232]

*weird double post... ignore*

Edited March 13, 2016 by NLR

[Renegade 11]

NLR thank you very much for a quick answer.

Can you tell me little more about the taxes? What do you mean by backfiling?

[NikLR 13,232]

back filing = filing taxes for previous years that you did not file.

Go to the IRS website. There are thresholds in which someone must file taxes. If you make over a certain amount of money in a year you must file a US tax return. If you make under that amount you do not have to.

[Renegade 11]

So basically, I will need to backfile 3 years of 0-ish tax returns, because I was living overseas, and was earning below the threshold. Will they be OK with that?

[NikLR 13,232]

No if you made under the threshold you do not HAVE to back file. You write a statement saying you have not been required to file a US tax return because you made under the threshold to file.

If you want to back file I suggest studying the topics in the tax and finances forum and talking to an overseas tax professional about how to do so.

[lucybelle 453]

Sorry for making a separate thread but there's so much information here, I'm confused :/

Just a few simple questions, to go on

1) I've never worked in the US and never payed taxes, do I need to work one full year, to be able to show my income in Affidavit?

Anyway joint sponsor is my only option, because I'm not be able to make enough income... I'm planning to move to the US, then start the process of CR1.

2) At which step do I need to return to the US for reestablishing domicile? (Job, rent, driver license e.t.c). We want to be together as much as we can.

3) In the country that I live for the last 15 years, my income is very low compared to the US (4000$-5000$ yearly). Is it ok that I'm not paying any taxes?

4) Can the fact, that I lived most of my life outside of the US, affect on the final decision during my spouse interview?

Thank you.

1. You can move back to the USA and get a job that pays over 125% over poverty line. You could prove support via assets. Or you could get a joint sponsor.

2. You don't necessarily need to move back to the USA. I applied from abroad no problem. You will need to provide evidence of "re-establishing" domicile. There's lots of topics on this of evidences you would need to show.

3. Yes, you might not have to file any taxes. But you could file them. I made very little abroad as well and although I filed my taxes I never had to pay anything. It might be good proof if you file your taxes as "married" for as long as you have been married.

4. No, as long as you are still a US citizen.

[Renegade 11]

OK thank you very much for the answers! I have few more questions,

If i live with a roommate renting an apartment, does he count in my household? I mean do I have to meet the poverty guidelines with one person in my home or two?

Do I have to work one whole year to be able to be a sponsor on my own? Or can I just get a written statement from my job stating my salary amount?

[NikLR 13,232]

No he wouldn't.

Not necessarily. Sometimes it depends on the consular officer but generally 6 months will work if youre paid enough.

[Renegade 11]

NLR Thank you!

So now , we are filling the application, and we are stuck at a question, I am registered (US Citizen) under my sisters address in America, but I have been living overseas since 2000. Which address should I fill out in the form, if I am going to move back on May 24-th.

[Renegade 11]

OK we finally sent out our CR1 package to Rapidvisa!



So I have one more basic question,

If Im living with my family which all together is 5 people, and if I'm planing on moving out after my spouse arrives can I count 1 person +1 alien spouse during the financials, when meeting the minimum guidelines?

[NikLR 13,232]

It doesn't matter who you LIVE with, it matters who is dependent on who tax wise. You would count any minor children you have, or if you claim someone on your taxes or are claimed on their taxes. Household count is not "people living in this house".

I know it's really confusing. Most people have questions about household counts.

[Renegade 11]

NLR Thank you, you are very helpful as always!

I'm living overseas now, for the last 16 years, and I haven't paid taxes, and when I move back I might not work a whole year to pay taxes, I'm just going to show my income at the moment, if it's enough. So it doesn't matter how many people I'm living with? Can I just write that it's only me in my household, if no ones names are dependent on me?

[NikLR 13,232]

Yes, just you and your spouse.

Do you have a joint sponsor if your income isn't accepted?