Domicile and CR-1 Living Abroad

[brevig 28]

I recently was refused a k-1 for 221(g) most likely because of 14+ year old misdemeanor (not sex/minor related).  So I'm thinking to switch to a CR-1.  I filed the K-1 in Georgia, but when we got approved by USCIS we bought a house (closed May 28) in Alabama.  I've never been to the house, but it seems according to Alabama law that I can still claim it as my domicile because I own it and intend for it to be my permanent home (plus would already be there if I didn't get a biased consular officer).

 

I haven't been in USA since July 2, 2020.  Does anyone see any problems?  I was going to marry in Utah online because it's a huge pain to marry here and takes several months.  She has a kid and we've lived together nearly 5 years.  Since March, 2014, I've made 2 trips to USA.  I have 4 kids in the states (last one was born 2016 in Philippines, and my oldest lived with me and my fiance until 2019, but WOW it's hard being apart).

 

I pay taxes in the states (last year paid in TN, even though I claim GA as my residence.  Grandma lives in GA, dad in TN, but 1/4 mile apart, and the ONLY way to get to my dad's house is through GA).  I have a driver's license in GA, bank account, car registered (bought a car in June, I hope one day I can drive), etc.

 

Do I qualify to sponsor as far as the domicile requirement is concerned?  Does anyone see any problems or have a similar experience?

[JeanneAdil 6,191]

CR1 for 7 (you,  wife,  your 4 kids and her 1) is 125%   2021 its $40,120 / don't know what it will be in 2022

 

Tax issue is with IRS not immigration (paying in TN to avoid Ga state taxes as TN does not have state taxes)

Driving thru Dade county, Ga  to get to your dad's is not an issue

You have Ga license bank account so your domcile in US is established

 

Overcoming the denial for the K1 is your issue 

[brevig 28]

46 minutes ago, JeanneAdil said:

CR1 for 7 (you,  wife,  your 4 kids and her 1) is 125%   2021 its $40,120 / don't know what it will be in 2022

 

I only claim 2 of my 4 kids on my taxes.  Last year I made $39k.  So wouldn't it just be 5 and not 7 since 2 of my kids my ex-wife claim as a dependent?

 

Quote

Overcoming the denial for the K1 is your issue 

How bad of an issue, and any tips?

[Chancy 6,233]

1 hour ago, brevig said:

wouldn't it just be 5 and not 7 since 2 of my kids my ex-wife claim as a dependent?

 

How old are the 2 kids that your ex-wife claims as dependents on her taxes?

 

The I-864 form instructions require that you include all your unmarried children under 21 years old, even if you do not have legal custody of them.  The only exception is kids you do not claim as dependents on your taxes AND who have reached the legal age of majority at their state.  Both conditions must apply for you to be able to exclude them from your household count.

 

Re: domicile -- Unless the interviewing consulate will be Montreal, the proof of domicile you listed will probably be enough, though it won't hurt to have more in time for the visa interview.

 

[JeanneAdil 6,191]

2 hours ago, brevig said:

I only claim 2 of my 4 kids on my taxes.  Last year I made $39k.  So wouldn't it just be 5 and not 7 since 2 of my kids my ex-wife claim as a dependent?

 

How bad of an issue, and any tips?

you say here 14  year old conviction but there were 3 noted in former post

consult a good immigration lawyer

[carmel34 3,529]

6 hours ago, brevig said:

I haven't been in USA since July 2, 2020.

If you decide to get married and file an I-130 petition for a spousal visa, you should list your domicile as where you live now, which is not in the USA.  Always be honest with US immigration as you sign the form "under penalty of perjury."  What you are describing with property in the US, bank accounts, driver's license, etc. shows you have strong evidence of intent to re-establish a US domicile, which for most consulates/embassies is sufficient (maybe not Montreal which is notoriously strict).  As others have said, you should also consult with an experienced US immigration attorney about how to best deal with the reason for the K-1 denial, as the same reason could cause issues with the spousal visa process.  Good luck!

[brevig 28]

9 hours ago, JeanneAdil said:

you say here 14  year old conviction but there were 3 noted in former post

consult a good immigration lawyer

Sorry, wasn't trying to mislead on that part.  What I meant was the one that was talked about most during the interview, written on the front of the I-129f, and is 98% the reason why I can't return, is a 14 year old conviction.

[brevig 28]

10 hours ago, Chancy said:

How old are the 2 kids that your ex-wife claims as dependents on her taxes?

All of my kids are under 18 and unmarried.  The ones she claims are 5 and 8 and I claim the 2 older.

[brevig 28]

10 hours ago, Chancy said:

The I-864 form instructions require that you include all your unmarried children under 21 years old, even if you do not have legal custody of them.

I filed a I-134 not I-864 and the instructions on I-134 use the word "dependent".  I'm just looking into this now, but it seems that if I do the spousal route it's a different support form I have to file.  So it seems not only does the requirement go from 100% to 125% but also how it's calculated changes?

[brevig 28]

10 hours ago, Chancy said:

The I-864 form instructions require that you include all your unmarried children under 21 years old, even if you do not have legal custody of them.

Where are you seeing that at?  I just checked the I-864 instructions and it clearly says:

 

Part 5. Sponsor’s Household Size
Add together the number of persons for whom you are financially responsible

[SalishSea 16,770]

22 minutes ago, brevig said:

All of my kids are under 18 and unmarried.  The ones she claims are 5 and 8 and I claim the 2 older.

So you must list all four of them, plus the two intending immigrants.

11 minutes ago, brevig said:

I filed a I-134 not I-864 and the instructions on I-134 use the word "dependent".  I'm just looking into this now, but it seems that if I do the spousal route it's a different support form I have to file.  So it seems not only does the requirement go from 100% to 125% but also how it's calculated changes?

Yes, but you would have done the I-864 for the K-1 AOS anyway.

[SalishSea 16,770]

27 minutes ago, brevig said:

is 98% the reason why I can't return,

What do you mean 'can't return'?

[brevig 28]

9 minutes ago, Jorgedig said:

What do you mean 'can't return'?

Sorry, that statement was confusing.  What I meant was 98% the reason for my denial which makes it where I can't return.

Edited August 4, 2021 by brevig

[SalishSea 16,770]

Just now, brevig said:

Sorry, that statement was confusing.  What I meant was 98% the reason for my denial which makes it where I can't return.

Still unclear.  Can't return to the US?

[brevig 28]

11 minutes ago, Jorgedig said:

So you must list all four of them, plus the two intending immigrants

Where does it say that?  I just read the instructions and it uses the words "household" and "dependents".