How can my family move to the USA? (Should be easy!)

[Just Paul 4,591]

Correct it won't be easy.   But using DCF will speed up things.   He needs to file those taxes, 3 years worth,  and then the I-130 petition for your mom and brother.

 

Good luck!

[aaron2020 11,651]

2 minutes ago, Paul & Mary said:

Correct it won't be easy.   But using DCF will speed up things.   He needs to file those taxes, 3 years worth,  and then the I-130 petition for your mom and brother.

 

Good luck!

US domicile will be an issue since the US citizen has never lived in the US.  

[Just Paul 4,591]

5 minutes ago, aaron2020 said:

US domicile will be an issue since the US citizen has never lived in the US.  

He needs to show intent to domicile.   He could make a trip before, open a checking account, buy property or do other things to show intent.

[geowrian 22,335]

44 minutes ago, Paul & Mary said:

He needs to show intent to domicile.   He could make a trip before, open a checking account, buy property or do other things to show intent.

That may work. It may not. It's hard to say what will or won't work.

Generally, it doesn't take a whole lot to show sufficient intent (except for Canada...Montreal is so strict!), but that's also usually with people who lived in the US previously. For somebody who has never lived in the US, they tend to want to see a lot more evidence of intent or to actually establish domicile.

[Boiler 43,434]

I am curious, why is Asylum is deemed temporary?

[purem4g1c 113]

could he not self sponsor his family if he has enough in assets saved up since they're from the UK?

[aaron2020 11,651]

2 minutes ago, purem4g1c said:

could he not self sponsor his family if he has enough in assets saved up since they're from the UK?

Yes, the US citizen father is the primary sponsor for his family.  He can use his assets.  No one has suggested the need for a Joint Sponsor.  Also being from the UK is irrelevant to using assets to satisfy the I-864 requirements - anyone can use assets for the I-864.  

 

The US citizen still needs to file US tax returns for the last 3 years and must have a US domicile.  A Joint Sponsor does not eliminate these issues.  These are the immediate issues to filing petitions for his wife and son which are being discussed.  

[purem4g1c 113]

I am not sure if America works like Canada regarding doing "previous years of taxes" but, could he not just pay the last 3 years of taxes due to the USA and then he would have the tax returns from previous 3 years to prove 'domicile'? no?

[geowrian 22,335]

Financial sponsorship is one requirement.

 

Having US domicile (or showing sufficient intent to establish US domicile) is a different requirement - as is having filed taxes for the past 3 years - necessary to provide an I-864.

The petitioner must always provide an I-864 even with a joint sponsor.

 

Just now, purem4g1c said:

I am not sure if America works like Canada regarding doing "previous years of taxes" but, could he not just pay the last 3 years of taxes due to the USA and then he would have the tax returns from previous 3 years to prove 'domicile'? no?

It's doubtful he has any taxes due (unless making over ~$100k/year)...but he does have to file the returns anyway to report his foreign income.

Tax returns do not show domicile. Tax returns are a separate requirement of the I-864.

[aaron2020 11,651]

7 minutes ago, purem4g1c said:

I am not sure if America works like Canada regarding doing "previous years of taxes" but, could he not just pay the last 3 years of taxes due to the USA and then he would have the tax returns from previous 3 years to prove 'domicile'? no?

No.

 

You are confusing the obligation to file a US tax return with actually owing taxes.  A US citizen must report all worldwide income and those living abroad may claim the Foreign Earned Income Exclusion and have no tax obligation.

 

US citizens living abroad must file US tax returns.  A tax return with a UK address does not prove domicile.  Living in the US with a US address may be necessary to prove domicile for a US citizen who has never lived in the US.  

Pretty sure that Canadians living abroad who file Canadian tax returns are not domiciled in Canada either.  You are confusing a domicile - a legal and permanent resident - with the legal obligation to file tax returns.  

Edited March 21, 2019 by aaron2020