I-864 Domicile and Financial Requirement (Living abroad and filed FEIE)

[CL1125 2]

Hello Everyone,

 

A couple of questions, but first background. We are at the NVC stage and am filling out the I-864. I am a US Citizen living abroad in the Philippines with my wife. I have been assigned here for 10 years by my US Employer to run operations here. Now, I am being requested to return to the US to work permanently.  For the previous tax year I filed using FEIE which allowed me to exclude nearly all of my income on my return. Thus, the total income field from the return on my I-864 is well below the requirement. I plan to submit a letter from my employer stating my income as well as the fact that it will continue once I return to the US. I will also submit the last 6 months of pay slips and last years W-2.

 

Is this enough to qualify me for the income requirement?
 

Since I have been living abroad, I must also meet the domicile requirement. I plan to put my place of domicile as the US and submit bank statements, a letter of explanation and a letter from my employer stating my temporary assignment abroad and requesting me to return to the USA. Unfortunately I do not own property in the US and we will be staying with my parents when we return (address where I receive most of my mail).
 

My question is, is this sufficient to prove US domicile? Or should I be proving that I INTEND to make the US my domicile? And if this is the case should I put Philippines as my place of domicile on the I-864?

 

I tend to believe it’s the former as I maintain bank accounts, work for US employer and file taxes (although I use FEIE under the physical presence test not the domicile test.)

 

One last note is that my employer is a family business and my father will be the one writing the letters. I know technically this should not matter at all, but if mentioned at interview might? If you read this much, thank you! This community has been so great throughout this whole process.

Edited November 24, 2023 by CL1125

[pushbrk 12,222]

16 hours ago, CL1125 said:

Hello Everyone,

 

A couple of questions, but first background. We are at the NVC stage and am filling out the I-864. I am a US Citizen living abroad in the Philippines with my wife. I have been assigned here for 10 years by my US Employer to run operations here. Now, I am being requested to return to the US to work permanently.  For the previous tax year I filed using FEIE which allowed me to exclude nearly all of my income on my return. Thus, the total income field from the return on my I-864 is well below the requirement. I plan to submit a letter from my employer stating my income as well as the fact that it will continue once I return to the US. I will also submit the last 6 months of pay slips and last years W-2.

 

Is this enough to qualify me for the income requirement?
 

Since I have been living abroad, I must also meet the domicile requirement. I plan to put my place of domicile as the US and submit bank statements, a letter of explanation and a letter from my employer stating my temporary assignment abroad and requesting me to return to the USA. Unfortunately I do not own property in the US and we will be staying with my parents when we return (address where I receive most of my mail).
 

My question is, is this sufficient to prove US domicile? Or should I be proving that I INTEND to make the US my domicile? And if this is the case should I put Philippines as my place of domicile on the I-864?

 

I tend to believe it’s the former as I maintain bank accounts, work for US employer and file taxes (although I use FEIE under the physical presence test not the domicile test.)

 

One last note is that my employer is a family business and my father will be the one writing the letters. I know technically this should not matter at all, but if mentioned at interview might? If you read this much, thank you! This community has been so great throughout this whole process.

Yes, you qualify.  In the tax section, enter the total income figure from the tax returns.  State your current income as the same as your offer/transfer letter from your employer.  One current pay stub is sufficient, as it will show your year to date income anyway. That your father owns the business is not relevant, as long as all is true.  The offer letter is all the domicile evidence you'll need.

 

Edited November 24, 2023 by pushbrk

[CL1125 2]

On 11/25/2023 at 7:02 AM, pushbrk said:

Yes, you qualify.  In the tax section, enter the total income figure from the tax returns.  State your current income as the same as your offer/transfer letter from your employer.  One current pay stub is sufficient, as it will show your year to date income anyway. That your father owns the business is not relevant, as long as all is true.  The offer letter is all the domicile evidence you'll need.

 

Thanks pushbrk. Will do all of these. One other question as you seem very knowledgeable based on other posts of yours I've seen. During the interview stage, do you suggest I attend? Am I required to attend? I believe I will be interviewed as well if I do, and does this just leave us another opportunity to be scrutinized that we normally wouldn't if I weren't there?

[pushbrk 12,222]

2 hours ago, CL1125 said:

Thanks pushbrk. Will do all of these. One other question as you seem very knowledgeable based on other posts of yours I've seen. During the interview stage, do you suggest I attend? Am I required to attend? I believe I will be interviewed as well if I do, and does this just leave us another opportunity to be scrutinized that we normally wouldn't if I weren't there?

Definitely not required to attend the interview.  Manila used to allow it, but I don't think they do anymore.  The time you've spent living together in the Philippines is going to trump any other relationship concerns.

 

For other readers, it is quite uncommon for the US Citizen to even be in the same area of the building as the location of interviews, mostly because there isn't enough space.  It's the applicant's interview.  In most cases, the petitioner is not even in country.

[CL1125 2]

2 hours ago, pushbrk said:

Definitely not required to attend the interview.  Manila used to allow it, but I don't think they do anymore.  The time you've spent living together in the Philippines is going to trump any other relationship concerns.

 

For other readers, it is quite uncommon for the US Citizen to even be in the same area of the building as the location of interviews, mostly because there isn't enough space.  It's the applicant's interview.  In most cases, the petitioner is not even in country.

Noted, thanks for all the help!