lemayz

Yes, seems like your case was pretty straightforward, that's great! In my case, I won't have a job or be moving back before my husband, so it's a bit more difficult. I am wondering if other people also have experiencies in this area....?

Laure&Colin....such a good idea to put this together, since I think it can be really helpful for people just starting out with the process, seeing as how it is a new development.

Here are my answers:

1. Country USC resides in: Chile

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: Feb 2012

4. How long had you been living abroad: 6 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit/student/tourist/other - Work

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? No, I sent it to my mother in the US, who then sent it to USCIS.

9. Did you include evidence of your residence abroad in the I-130 package? Not on purpose, but documents dealing with bona fide relationship, marriage certificates, bank accounts, etc. all showed that I was living abroad.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? No

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Yes, 11 days.

I am thinking that one element we could add to this discussion is how all of us are going to show proof of domicile for the NVC stage. I realize that this is not directly related to the original post (sorry Laure&Colin, I'm not trying to hijack!), but I think it IS very relevant for all of us. Seeing as how we all live abroad, we have similar circumstances and difficulties in how to prove US domicile or reestablishment of domicile. I'd love to hear people's experiences in this area.

Thanks!

I have done both contrato and boleta de honorarios...

Thanks so much, pushbrk, as per usual, you are one of the most helpful members of VJ!

Jessica, I HAVE been filing taxes in the US, you always have to file...the only difference is that with the foreign income exemption, you don't have to pay taxes if you are under the limit (about$92,500).

Matt & Rocio - I have actually contacted the Santiago Embassy, but in my case they have been horribly misleading and not helpful. I asked them a question about whether I needed to bring tax transcripts or if copies of the tax returns were fine, and they wrote back to me about medical exams!!! I wrote back again, explaining my point in more details, and they gave me another unrelated answers. I don't know if it was the person who was responding that day that was totally incompetent or what, but I did not have a good experience :-( I hope yours is better!

Thanks for both of your responses.

I guess I phrased my last question poorly: I have and CURRENTLY work at 2 jobs...one of them self-employed, and the other for a company, so I wanted to know if it was ok to check both boxes.

I want to take advantage of this thread to ask one more related question: in the instructions for the I864, it says "Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States goverment and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States."

Perhaps I am reading too much into this, but I'm a bit confused as to what to do in my situations. I live abroad (in Chile), but I have filed taxes every year, via the Foreign Earned Income Exemption form (2555). However, as I mentioned previously, my mom will be the joint sponsor, so I don't want to use the money I have earned to comply with the income requirements. I can, if necessary, get my foreign tax returns, but it's super complicated.

Hi everybody,

I'm hoping you may be able to help me with a few questions. I am filling out the I864, but since my income is not sufficient (and also earned abroad), my mother will be the Joint Sponsor. She is not part of the same household, so she will also fill out at I864. My questions are the following:

1. Since my mom will be a joint sponsor, I am only sending last year's tax returns. Seeing as how my mom is the joing sponsor, is it still recommendable for me to send in pay stubs and employment letter? Should I still fill out the "optional" part about assets on the form? I would rather avoid all of that because I don't have these documents at hand, but if anyone says that it is advisable to include them, I will do so.

2. My mother is way above the 125% of poverty level required for the affidavit of support. She will send tax transcripts for the last 3 years. Is it still advisable for her to send an employment letter and paystubs? She would also like to avoid this if possible

3. In the past year, I was both employed for a company AND self-employed. Is it ok to check both checkboxes on Part 6, Question 22?

Thanks!

You can translate it and then put a paragraph indicating that you are certified to translate because you are fluent in both languages. Search in VJ for certify translation. Good luck!

As I understand, it doesn't need to be on official paper or notarized. However, do you have a marriage certificate? If so, it's not necessary for you to do a spousal affidavit.

Hi,

So did you check both "Employed" and "Self-Employed"? I am in the same situation...

Congrats!

Pushbrk, agreed. I sent a copy of my Certificate of Nat. AND all pages of my passport to the USCIS. Since I read somewhere that you must bring all original documents to the interview, I am wondering if the original Certificate of Nat. and passport will be necessary at that stage. Thanks again.

Thanks, Laure&Colin and VisaJourney2011.

Pushbrk, thanks as well! Just one thing - perhaps I wasn't very clear...I am the USC, but I live in Santiago, Chile with my Chilean husband. We are filing from abroad to the Chicago Lockbox. So in that case, might the Naturalization Certificate be necessary or do you think my passport would be sufficient?

Thanks again for all of your answers. Does anyone know anything in regards to the questions I was asking about original versus not original documents?

Laure&Colin and/or anyone else that may know...what happens if you don't have the some specific document that the Embassy needs at the interview? For example, if they want tax transcripts and I only have W2s and 1040s or if they want three years and I bring one year.....do they just flat out deny you? Do they reschedule the interview and give you another shot?

Thanks!

Thanks, everybody for your answers. A follow up: is there any way to find out before I have the interview scheduled what the Santiago specific requirements are? I have tried finding out from people who have gone through Santiago, but to no avail.

Pusbrk (or anyone else) - do you know if for the interview it is necessary to have the joint sponsor's and my ORIGINAL tax returns? My joint sponsor is in the US, as are my tax originals, so getting them would be a bit of an ordeal.

And, I realizing I'm sort of hijacking my own thread, but on the topic of originals, do I/my husband need to bring my ORIGINAL Certificate of Naturalization to the interview? That paper is also in the US....

Thanks!

Hi everybody,

I am starting to think about the I-864 (I am the USC applying for CR1 for my foreign husband), and I am wondering if I'd be ok with just sending last year's tax return (and not sending the other two). I definitely do not have enough income to be a sole sponsor, so my mother will be the joint sponsor and I will DEFINITELY send all three years of her tax returns.

I am realizing that I did my taxes taxes wrong in previous years becase of the foreign income exemption, and it might take quite a few months for me to able to fix it. I am still planning on fixing it, but in the meanwhile I'd like to wait until I file my taxes for 2011 and send in ONLY that tax return, since I will make sure to do it right this time. Will this be a problem? Could they request the other 2 years? It says that only one year is mandatory on the form...

Thanks!

HI jken....try this: http://www.irs.gov/pub/irs-pdf/p54.pdf

Thanks for responding! Yes, I definitely meet the Bona Fide Residence test. So you don't have any problems with the tax home issue? Do you also make money in the US or only in Peru?

Thanks

Hi everybody,

I am starting to get everything in order for the AOS (I am applying from abroad for a CR1 for my foreign husband), but I have come to a little problem:

I have been filing taxes in the US my whole life, including the last 5 years, during which I have been in Chile. While I have been in Chile, I have done some part time consulting work for US companies, so I have been filing taxes as self employed.

Throughout this time, I have also been working in Chile, where I have filed my taxes locally. I knew that in the US, the foreign earned income exclusion applied to me, since I earned much less here in Chile than the threshold of $92,500. However, I didn't realize that I had to file the 2555 Foreign Earned Income in order to have the exlusion. Now I think I will try to do an ammendment to my previous taxes with the 2555.

However, my issue is the following: in order to quality for the Exclusion, according to this document: http://www.irs.gov/pub/irs-pdf/p54.pdf , my tax home must be in a foreign country. I have read the description of a tax home, but am still confused. If I still filed in the US and had some income in the US...can I have two tax homes...one there and one here? And more importantly, if I say that my tax home is HERE in Chile, can I still try to prove that my DOMICILE (for the AOS) is in the US? Or are those two options mutually exclusive?

The PDF says that "Having a “tax home” in a given location does not necessarily mean that the given location is your residence or domicile for tax purposes" so I am assuming this means that I can keep my domicile in the US even thought my tax home is in Chile?

Any suggestions on what to do in this case? Has anyone gone through anything similar?

Oh, and by the way, I am trying to prove domicile for the AOS rather than reestablish.

Thanks so much!

Leana

Thanks so much, everybody, for your feedback!

So it sounds like the best thing is to send all of the documents I mentioned above, and then when it is time for the interview, provide some more concrete evidence of "reestablishing." However, I don't think I'll have the lease termination or job termination letters yet, seeing as how we were planning on taking about 4 months after the visa is ready to actually get up and go.

Thanks again!

Hi,

Thanks to both of you for your responses. As you both mentioned, I do need a co-sponsor, and that will be my father, who fulfills all of the requirements.

I also realize that proving domicile and re-establishing domicile are different, but I am trying to figure out what is most convenient to do at this point. I think re-establishing domicile would be much more difficult for me, because I don't plan on getting a job or signing any leases until we are back in the US.

But I am wondering if 5 years is too long to "prove domicile in the US" and to say that I have been abroad only "temporarily." Also, as you can see, I don't have any property/housing in the US, so I think that may make it more difficult as well.

So, Darnell, you are saying that to the NVC I should send my documentation for #1 (proving US domicile) and then when I go to the interview have more documents for "re-establishing"?

Thanks again!

I'm a bit late to this post, but I totally agree with your proposal, Harpa!

Hello dear VJers,

You have been so helpful up to now, so I'm hoping you will be able to help me out with another issue.

I am starting to look ahead to the form I864, Affidavit of Support, and am a bit unclear on the issue of the domicile requirements. I have been living in Chile for the past 5.5 years; first do to a Masters Degree and then working.

If I try to prove that I have been living abroad temporarily, I have the following documents:

1. 2 bank accounts (can provide statements)

2. A credit card (can provide statements)

3. My valid US Drivers License

4. A car title in my name

5. Tax returns I have filed in the US for all of the years I have been abroad

6. Mail received at a US address (my parents' address)

I DO NOT, however, having a voter registration card. Now, would all of these documents be sufficient to show that my leave has been temporary? And how many years can "temporary" be?

I realize that the other option is to show that I am taking steps to reestablish my domicile, but I really don't see how I would do that. Our plan was to leave whenever we got the visa, stay with my parents while we looked for jobs and got stable incomes, and then rent an apartment and live on our own.

Any thoughts on what to do in my case? We will be going to an interview at the Santiago, Chile Embassy, and I haven't seen anything on how they deal with that issue here. I've seen that in Montreal for example they are VERY picky about this, but have no idea about our circumstances....

Thanks!!

Thanks for all of your responses!

Perhaps I have found an answer. I found these glossary terms:

Applicant (Visa): A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa. The visa applicant may also be referred as a beneficiary for petition based visas

Beneficiary: An applicant for a visa as named in a petition from the DHS, USCIS.

There is no definition of Petitioner. S0 based on this, my understanding is that Applicant and Beneficiary are one and the same and that Petitioner is different.

Which means, I am the petitioner and my husband is both the applicant and beneficiary. Can anyone corroborate this?

Thanks!