Filing for adopted children (Merged topics)

[wheresmyrainbow 1]

I have maintained an address with a relative for my US-state drivers license, voting, and bank account.  But when we move back to the US, we'd be going to a different state (would have a job offer in a different state).  Is there any issue with that change as far as maintaining US domicile?

Edited Sunday at 11:29 AM by Crazy Cat

[Lil bear 4,454]

1 hour ago, wheresmyrainbow said:

I have maintained an address with a relative for my US-state drivers license, voting, and bank account.  But when we move back to the US, we'd be going to a different state (would have a job offer in a different state).  Is there any issue with that change as far as maintaining US domicile?

No 

[Boiler 47,129]

I agree it will not change anything but whether it meets the Consulates requirements is another issue.

[appleblossom 4,041]

6 hours ago, wheresmyrainbow said:

I have maintained an address with a relative for my US-state drivers license, voting, and bank account.  But when we move back to the US, we'd be going to a different state (would have a job offer in a different state).  Is there any issue with that change as far as maintaining US domicile?

Those may not be enough to prove domicile. Most USC’s living abroad probably has those. 
 

But as you’re asking in the DCF forum I’m assuming you have a job offer? So that will be good and maybe you could show housing search too. 
 

Good luck. 

[Cw1977 133]

6 hours ago, wheresmyrainbow said:

I have maintained an address with a relative for my US-state drivers license, voting, and bank account.  But when we move back to the US, we'd be going to a different state (would have a job offer in a different state).  Is there any issue with that change as far as maintaining US domicile?

did you also file your US taxes every year, even when abroad?

[wheresmyrainbow 1]

No we haven’t, but I believe the I-864 is not required in our case (our kids will become citizens as soon as they enter US) so I’m hoping for that reason it won’t be necessary? 
 

good ideas to show housing search and yea there would be a job offer. 

[Crazy Cat 43,959]

4 hours ago, wheresmyrainbow said:

No we haven’t,

By law, all US citizens and Green Card holders are required to report world-wide income if over the threshold regardless of where they live. What if the CO asks for them?

Edited June 2 by Crazy Cat

[garebear397 96]

8 hours ago, wheresmyrainbow said:

No we haven’t, but I believe the I-864 is not required in our case (our kids will become citizens as soon as they enter US) so I’m hoping for that reason it won’t be necessary? 
 

good ideas to show housing search and yea there would be a job offer. 

It would be helpful to fill out your timeline and be clear who is sponsoring who. Why would the I-864 not be required? And no you haven't filed US taxes?

[wheresmyrainbow 1]

Yes I understand I do need to file taxes, just for various circumstances over the past 2 years it's been very challenging.  I intend to file and get everything caught up after we return to the US.  We shouldn't owe anything but I understand it still needs to be done.

 

To clarify, I am a US citizen, and I would be petitioning for my adopted children.  According to what I've read, due to Child Citizenship Act they will be admitted as LPR/green card but immediately change to citizens, therefore the I-864 and financial sponsor not needed.  On the I-864 form instructions, it says:

 

Are There Exceptions to Who Needs to Submit Form I-864? The following types of intending immigrants do not need to file Form I-864:

 

2. A child who will automatically acquire U.S. citizenship under INA section 320, as amended, upon being admitted to the United States. Children become U.S. citizens upon admission to the United States as a lawful permanent resident (LPR) or adjustment of status to an LPR if they are under 18 years of age, unmarried, and residing in the United States in the legal and physical custody of their U.S. citizen parent. They also need to meet the definition of child at INA 101(c) which is applicable to citizenship. (For more information on definition of child, see USCIS Policy Manual, Volume 12, Part H, Chapter 2, Definition of Child for Citizenship and Naturalization at https://www.uscis.gov/ policy-manual/volume-12-part-h-chapter-2). Adopted children need to meet the requirements applicable to adopted children, including having a final adoption (See uscis.gov/adoptions)

 

I just recently learned about that exception so I hope my understanding is correct because that's very exciting!

 

 

[garebear397 96]

1 hour ago, wheresmyrainbow said:

Yes I understand I do need to file taxes, just for various circumstances over the past 2 years it's been very challenging.  I intend to file and get everything caught up after we return to the US.  We shouldn't owe anything but I understand it still needs to be done.

 

To clarify, I am a US citizen, and I would be petitioning for my adopted children.  According to what I've read, due to Child Citizenship Act they will be admitted as LPR/green card but immediately change to citizens, therefore the I-864 and financial sponsor not needed.  On the I-864 form instructions, it says:

 

Yeah that definitely does sound promising.

 

So where are you actually having to show domicile? Because that is usually a part of the I864. Regardless as you are doing I think it would be good to have ready for the interview, since that is a key part of family based immigrant visas.

 

So to answer your actual first question, I would definitely have some additional support of "intent to domicile". Like appleblossom said, most USC keep things like driver licenses, voting registration, bank accounts, while living abroad whether they intend to return or not (I certainly did). Job offers, contract with realtor to find a house, school registration for your kids, etc. would all be good to show you are making concrete steps to move. 

[Boiler 47,129]

Some Consulates are particularly hot on Domicile, if he is going to go DCF then he will have a job by definition and will no doubt have started it by the time of the interview.

[wheresmyrainbow 1]

I (USC) would be applying for my adopted children only, who are very young/preschool age.  We live in Vancouver and wondering if they would require us to travel all the way to Montreal for an interview, when I think children do not normally require an interview?  For DCF process, I've read the USC only attends when submitting the I-130, then could technically leave Canada while the immigrant waits out the rest of the process.  In my mind, that should not require any of us (me or kids) to travel to Montreal - any thoughts?  

[Boiler 47,129]

Who Is Not Required to Attend the interview

Your family members under the age of 14 on the day of the interview, even if they are noted as traveling applicants on the Interview Appointment Letter you receive from the National Visa Center (NVC).

 

Where would they do the medicals?

[wheresmyrainbow 1]

To clarify, if the young children are the only ones applying, and don’t have to attend interview, that means no one would attend interview so no interview at all? Makes sense in my head but not sure if that’s the way DOS/consulate thinks? 

I haven’t been able to find info on where the approved medical offices are located - is it only in Montreal, or surely they have one near Vancouver (I hope!)?

[wheresmyrainbow 1]

21 minutes ago, wheresmyrainbow said:

To clarify, if the young children are the only ones applying, and don’t have to attend interview, that means no one would attend interview so no interview at all? Makes sense in my head but not sure if that’s the way DOS/consulate thinks? 

I haven’t been able to find info on where the approved medical offices are located - is it only in Montreal, or surely they have one near Vancouver (I hope!)?

Update, after reading some more posts in the Canada forum, I think I've found 1 office near Vancouver that does US immigration medical, so hopefully that will work for us.