Coming back to US after NOA2

[aerodnight 76]

Hello everyone, 

 

I've spent some significant amount of time on this forum but never really could find an answer to the questions than interests me a lot. Precisely, I'm USC, currently living in Poland for almost all of my life. I'm getting married next year with my fiancee so as we are prepared for splitting for some time to let me re-establish US domicile. I would love to get some advise from you, how can I do it to shorten the time of separation as much as possible. I know the general process for CR1 visa but still, I'd like to be sure that I get things right:

1. Is domicile required on the day of filling the I-130 for the USCIS? I know USCIS can process application for like 6 months or even more so I wonder if I could wait for USCIS to send me NOA2 so I would know that my case is being transferred to NVC in shortly, then I would quickly arrange myself to move back to US(I work for Samsung here in Poland and already talk with them about transfer to US facility so getting US employment would be rather quick process for me fortunatelly) so I would be employed. I would also immediately rent an apartment to increase my bond with US. The general question is if I can send AOS package for example 3 months after I receive NOA1 from NVC or if there is some limited, short period of time when I have to send the package to them to be processed? 

2. I was thinking about making a trip to US in prior to wedding for a short period of time, like 2 weeks to make get few things done like getting the driving license, opening bank account etc. Are there some things that would help me prove my domicile I could do during a short visit to US before sending I-130? Or can I wait with all those things for my trip after NOA2 since they are easy to establish and it doesn't make sense to have them issued(driving license, bank account with money transfers) few months earlier? 

3. I'm 25, I've never filled my US taxes(except for one year when I worked in US for few months) since I was unaware that it is my duty when I work abroad. Since I didn't receive any notification from IRS, can I get into this so called Streamlined Procedure to clarify my taxes situation before applying next year for CR1? I believe tax transcripts are essential during NVC stage? 

 

I will be very glad for any answers that could clarify my vision for the visa process, thank you

[Just Paul 4,591]

10 minutes ago, aerodnight said:

1. Is domicile required on the day of filling the I-130 for the USCIS?

no

10 minutes ago, aerodnight said:

Are there some things that would help me prove my domicile I could do during a short visit to US before sending I-130?

getting id, a place to say, utility accounts,  car, insurance, register to vote, open bank account and credit cards - stuff like that.

12 minutes ago, aerodnight said:

I'm 25, I've never filled my US taxes(except for one year when I worked in US for few months) since I was unaware that it is my duty when I work abroad.

applies to every citizen and legal permanent resident.

13 minutes ago, aerodnight said:

Since I didn't receive any notification from IRS,

not there job to tell you

13 minutes ago, aerodnight said:

I believe tax transcripts are essential during NVC stage? 

yes and there is  question on the I-130 as well

[pushbrk 12,105]

In your case, a letter from your employer indicating you are transferring to a new job in the USA, is all you need regarding evidence of your INTENTION to establish US Domicile.

 

A second issue though is sponsorship.  Unless you have a joint sponsor, that transfer letter from the employer will be needed as evidence of ongoing income from the same source.  You'll also need to file at least three back tax return, but with the foreign income exclusion, you are unlikely to owe any taxes.

[aerodnight 76]

Quote

10 hours ago, Paul & Mary said:

getting id, a place to say, utility accounts,  car, insurance, register to vote, open bank account and credit cards - stuff like that.

Since that short trip would happen like 9 months before NVC stage, I wonder if a place to stay could be my aunt's house so I wouldn't have to pay so much money just to have a lease and not to live in the rented apartment as it would be a waste of money? Getting id, opening bank account would be no problem I guess, but other things like getting a car, insurance for it, utility accounts and credit cards(I don't have any credit score atm so no bank will issue me a credit card I'm afraid). But anyway, thanks for tips

 

@pushbrk  I forgot that one way to work out the domicile issue is to have an intent to re-establish it, as it is most common for expats. I wonder if the letter of acceptance from different employer,  would be equally good as the transfer letter from my current employer, since I was thinking of changing my workplace. What I mean precisely is whether after getting offer while applying from Poland for US job, it would be an equivalent of transfer from Polish to U.S facility of the same company.

 

Regarding joint sponsor - I've had it in plans since my income is currently no where close to the 125% poverty line which is around $37000 a year I believe(please, correct me if I'm mistaken)

 

Still, I don't know if there are some precise deadlines to send AOS package when NVC receives my case. I guess the same question applies to 221g situation. As I mentioned in my first post here, I'm okay with vision of separation soon after getting married and so is my soon-to-be wife, but of course I would love to shorten this time to the minimum so since domicile is not required for I-130 and USCIS stage, also taking into consideration that I-130 stage is the longest one, I came with conclusion that coming back to US so soon wouldn't be necessary, am I correct?

[pushbrk 12,105]

9 hours ago, aerodnight said:

 

@pushbrk  I forgot that one way to work out the domicile issue is to have an intent to re-establish it, as it is most common for expats. I wonder if the letter of acceptance from different employer,  would be equally good as the transfer letter from my current employer, since I was thinking of changing my workplace. What I mean precisely is whether after getting offer while applying from Poland for US job, it would be an equivalent of transfer from Polish to U.S facility of the same company.

 

Regarding joint sponsor - I've had it in plans since my income is currently no where close to the 125% poverty line which is around $37000 a year I believe(please, correct me if I'm mistaken)

 

Still, I don't know if there are some precise deadlines to send AOS package when NVC receives my case. I guess the same question applies to 221g situation. As I mentioned in my first post here, I'm okay with vision of separation soon after getting married and so is my soon-to-be wife, but of course I would love to shorten this time to the minimum so since domicile is not required for I-130 and USCIS stage, also taking into consideration that I-130 stage is the longest one, I came with conclusion that coming back to US so soon wouldn't be necessary, am I correct?

No, an offer letter from a different employer will not work for sponsorship.  It has to continue from the same source, like an intracompany transfer.  Certainly works for any domicile issue.

 

125% of poverty level for your household size is found on the I-864p.  Download it and check but 37k is enough for quite a large household.

 

If you have your joint sponsor and domicile issues handled, you don't need to come back ahead of your wife at all.  You can come together. She just can't arrive before you.  This domicile issue is mostly a problem coming from Canada.  If you have firm plans and even a job offer or transfer, intent to establish or re-establish domicile is not likely to be an issue coming from Poland.

[aerodnight 76]

7 minutes ago, pushbrk said:

This domicile issue is mostly a problem coming from Canada

Hmm, but isn't domicile processed before embassy stage, so it would make it equally difficult for everyone, no matter of which embassy they will be redirected later?

 

I looked at I-864P now and I can see that for household of 2 the threshold is $21500 which is much less than I expected it to be, great! However it is not declared if it has to be net or gross annual income.  I believe that if I earn money in different currency it will be then calculated into dollars so NVC will determine if it is enough?

 

What also came into my mind. This $21500 annual salary has to be proven on the year before of sending NVC package or I-130? 

[pushbrk 12,105]

1 minute ago, aerodnight said:

Hmm, but isn't domicile processed before embassy stage, so it would make it equally difficult for everyone, no matter of which embassy they will be redirected later?

 

I looked at I-864P now and I can see that for household of 2 the threshold is $21500 which is much less than I expected it to be, great! However it is not declared if it has to be net or gross annual income.  I believe that if I earn money in different currency it will be then calculated into dollars so NVC will determine if it is enough?

 

What also came into my mind. This $21500 annual salary has to be proven on the year before of sending NVC package or I-130? 

You really have some strange ideas rolling around in that head of yours.  I meant what I said about Canada.  Not my first or one of my first several hundred rodeos.  OK?

 

It's gross income, but your income from tax returns is going to be zero.  It's your "current income" that qualifies you.  Current income for you will be ZERO, OR it will be equal to the annual pay on your offer letter if you are transferring to a job in the USA with the same company.

 

No it does not.  Your current income evidence will be as stated above.  If you are not transferring with the same company then you will need a joint sponsor and all your income figures will be zero.

[Just Paul 4,591]

12 minutes ago, aerodnight said:

Hmm, but isn't domicile processed before embassy stage, so it would make it equally difficult for everyone, no matter of which embassy they will be redirected later?

no - it is determined at the interview.   In order to get a visa issued for a spouse, the petitioner has to either have domicile or show the intent to re-establish domicile.  The petitioner has to enter with, or be in the US, for the beneficiary to get the visa.   Mary and I lived in Mexico.  We entered the US together.

 

16 minutes ago, aerodnight said:

I believe that if I earn money in different currency it will be then calculated into dollars so NVC will determine if it is enough?

Any income you earn outside the US does not count.  And "income" doesn't matter until the NVC stage after the USCIS approves your petition.

[aerodnight 76]

2 minutes ago, Paul & Mary said:

no - it is determined at the interview

Weird, I read a lot of topics when people complained that they got this 221g rejection from NVC stating that they need to provide more domicile proofs. Please, enlighten me in this because I could misunderstood something.

[Just Paul 4,591]

5 minutes ago, aerodnight said:

Weird, I read a lot of topics when people complained that they got this 221g rejection from NVC stating that they need to provide more domicile proofs. Please, enlighten me in this because I could misunderstood something.

NVC does not issue a 221(g).  A consulate does.  I think you need to check out the guide here and look at the USCIS forms. Youtube and the internet aren't always a great source.

 

My wife and I lived in Mexico and entered by land. We both had permanent residency there. She is Filipina, I'm USC.  We had no questions about domicile at the interview. I maintained a house, with property taxes, insurance and utilities,  maintained a vehicle, with taxes and registration, had bank and credit card accounts.  Voted (by mail) and filed tax returns. I have a state drivers license and several other Federal IDs. The CO wanted to know if we were going to enter the US together and we said yes.  Sometimes there is an endorsement on the Visa stating that. 

[HRQX 4,145]

On 5/29/2020 at 5:00 PM, aerodnight said:

I'm 25, I've never filled my US taxes(except for one year when I worked in US for few months) since I was unaware that it is my duty when I work abroad.

It says it in your US passport:

[pushbrk 12,105]

3 hours ago, aerodnight said:

Weird, I read a lot of topics when people complained that they got this 221g rejection from NVC stating that they need to provide more domicile proofs. Please, enlighten me in this because I could misunderstood something.

You've read no such thing, as 221g NEVER comes from NVC.  Yes, NVC sometimes asks for more evidence of INTENT to RE-ESTABLISH or ESTABLISH US domicile, usually when the beneficiary is coming from Canada.  Sometimes Montreal asks for even more than NVC did.  You're coming from Poland. If you have a job offer or transfer, that is MORE than enough.

 

Your getting good advice here from multiple sources.  You would be wise to heed it.

[aerodnight 76]

Guys, I really appreciate all the help here, I see that I was wrong in many cases and big thanks to you for making me more clear about things.

 

As I understood, my foreign income is not important at all since it will not be longer my income after coming back to US, it makes sense completely as I can see now.

 

My last doubt at the moment is: In order to be able to skip the splitting from my wife I would need a joint sponsor since on NVC stage, so few months before issuing a visa I would still have zero income as I wouldn't transfer to new job in US and be able to use it as my current income in I-864? If I don't want to have joint sponsor then I should get US job before sending I-864 so I could enter my current US income as it would be stated in the contract? I guess that if I would receive offer with concrete salary, but in the contract it would be stated that I start my job in next 2 months let's say, then entering this income on I-864 would be fraud, right?