Questions about proving domicile for CR-1 visa

[ana34]

Hey everyone, I am new here. I have already researched a lot and pretty much know the process that we need to go through for CR-1 visa. But I have some questions about domicile. My husband is an American citizen, we got married 3 years ago and are planning to move to the States in around 2 years. We have been living in Hong Kong for the last 8 years, so when we move to the States it will be 10 years that he has not been living there. He does still have a permanent mailing address there, which is his sister's house (this is also the address on his american driver's licence), a bank account, and a public storage unit which he has maintained all these years. The thing is, our plan is to just go together and then find a place to rent, and maybe after a year or two buy a house. We are both self employed and work online, which we will continue to do over there, so there is no job offer that he will have or a rental agreement because like I said we plan to find a place together when we get there.

So do you guys think this is enough for him to prove domicile? Also, his sister lives in California and we are planning to move to Colorado (fly directly to Denver), so we will not even be staying at his sister's house at all. What do you guys think?

Also (slightly unrelated), he hasnt been filing taxes all these years cause of low income exemption, but owns an apartment here which he bought for really cheap with savings when we first moved here, and which is now very valuable cause the housing market over here skyrocketed in the last 5 years, so he will use this asset for the sponsorship part. Do you think this is good enough for proving means for sponsorship? the apartment is worth well over the required minimum amount.

Thanks a lot in advance!!!

[rayb]

Ana,

There are often several different answers to any immigration-related questions which come up, and your message is a good example.

1. Your husband doesn't have to "prove" a U.S. domicile. All his paperwork for your visa can show his sister's address, and he is considered to have a U.S. address. If challenged during your actual Embassy interview for your visa, your husband's stated intention should be to return to the U.S. before or at the same time as you get your visa.
2. Unless your husband has proof of income generated from the U.S., he will either have to return to the U.S. in advance and obtain such proof, or have a co-sponsor for you.
3. You say that he has not filed income tax returns because of a "low income exemption" on income earned while living outside the U.S. That doesn't sound right, as all U.S. citizens and Green Card holders are required to report worldwide income. While it is true that there is an annual exemption on earned income being taxable (while living abroad), the tax return filing is still a requirement. If his income actually came from the U.S., that income and copies of his tax returns would serve to sponsor you.

--Ray B

Hey everyone, I am new here. I have already researched a lot and pretty much know the process that we need to go through for CR-1 visa. But I have some questions about domicile. My husband is an American citizen, we got married 3 years ago and are planning to move to the States in around 2 years. We have been living in Hong Kong for the last 8 years, so when we move to the States it will be 10 years that he has not been living there. He does still have a permanent mailing address there, which is his sister's house (this is also the address on his american driver's licence), a bank account, and a public storage unit which he has maintained all these years. The thing is, our plan is to just go together and then find a place to rent, and maybe after a year or two buy a house. We are both self employed and work online, which we will continue to do over there, so there is no job offer that he will have or a rental agreement because like I said we plan to find a place together when we get there.

So do you guys think this is enough for him to prove domicile? Also, his sister lives in California and we are planning to move to Colorado (fly directly to Denver), so we will not even be staying at his sister's house at all. What do you guys think?

Also (slightly unrelated), he hasnt been filing taxes all these years cause of low income exemption, but owns an apartment here which he bought for really cheap with savings when we first moved here, and which is now very valuable cause the housing market over here skyrocketed in the last 5 years, so he will use this asset for the sponsorship part. Do you think this is good enough for proving means for sponsorship? the apartment is worth well over the required minimum amount.

Thanks a lot in advance!!!

[ana34]

Thanks for your answer! So that's all good on the domicile then.

As for the sponsorship, the income HAS to be generated from the U.S.??? He obviously doesn't have that cause he hasnt even been living there for all these years. And even when he comes back at first we were planning to sell the apartment he owns here and use some of that money to live and buy a house. So he wont be getting any regular job or anything. So not sure how he can even have proof of income generated in the U.S. I was under the impression that if he has an asset that is valuable enough that can be turned into cash within 1 year, that this could be used to prove means of sponsorship. But if the asset is not in the U.S. it doesnt count?

Does cash in savings accounts count?

I guess if it has to be income generated in the U.S. we will have no other choice except a co-sponsor. Friends or family are ok for this, is that correct? (as long as they make enough money for the requirements). In which case my husband would not need to show any proof of assets or taxes or anything?

If his income was 0, would he still have to have filed taxes?? he was under the impression that he didnt have to file. Do you know if there will be any problems with the visa process if he hasnt filed taxes? (the irs is a different story I am sure, and not the right forum for that hehe). We still have 2-3 years to go, so he should probably file those 3 times, but we have basically been living off of savings and the money I earn lately that his income is literally 0 at the moment. So it's not like that will help with the sponsoring part at all anyway.

Thanks for your help btw.

Ana,

There are often several different answers to any immigration-related questions which come up, and your message is a good example.

1. Your husband doesn't have to "prove" a U.S. domicile. All his paperwork for your visa can show his sister's address, and he is considered to have a U.S. address. If challenged during your actual Embassy interview for your visa, your husband's stated intention should be to return to the U.S. before or at the same time as you get your visa.
2. Unless your husband has proof of income generated from the U.S., he will either have to return to the U.S. in advance and obtain such proof, or have a co-sponsor for you.
3. You say that he has not filed income tax returns because of a "low income exemption" on income earned while living outside the U.S. That doesn't sound right, as all U.S. citizens and Green Card holders are required to report worldwide income. While it is true that there is an annual exemption on earned income being taxable (while living abroad), the tax return filing is still a requirement. If his income actually came from the U.S., that income and copies of his tax returns would serve to sponsor you.

--Ray B

[rayb]

Ana,

If your husband had no income, then he had no requirement to file U.S. income tax returns.

Money in the bank can be used to meet the sponsorship requirement, if it is 3-5 times the annualized income requirement.

In theory, value of assets can be substituted (at a ratio of 3 times income requirement), but in practice, very credible evidence of "fast sale" value must be provided, and assets outside the U.S. and their value would be difficult to pass muster with USCIS.

Many U.S. citizens/petitioners working abroad are actually working for U.S. companies, and I assumed that might be the case with your husband. I do tax returns and sponsorship packages for both expats and guys working in Iraq and Afghanistan, as well as foreign location oil platforms, but I guess your husband would not be included in those categories, whose income is highly visible for income tax reporting.

My advice is twofold: show money in the bank on your husband's sponsorship package, and enlist the help of a relative or friend in the U.S. to be a co-sponsor.

--Ray B

Thanks for your answer! So that's all good on the domicile then.

As for the sponsorship, the income HAS to be generated from the U.S.??? He obviously doesn't have that cause he hasnt even been living there for all these years. And even when he comes back at first we were planning to sell the apartment he owns here and use some of that money to live and buy a house. So he wont be getting any regular job or anything. So not sure how he can even have proof of income generated in the U.S. I was under the impression that if he has an asset that is valuable enough that can be turned into cash within 1 year, that this could be used to prove means of sponsorship. But if the asset is not in the U.S. it doesnt count?

Does cash in savings accounts count?

I guess if it has to be income generated in the U.S. we will have no other choice except a co-sponsor. Friends or family are ok for this, is that correct? (as long as they make enough money for the requirements). In which case my husband would not need to show any proof of assets or taxes or anything?

If his income was 0, would he still have to have filed taxes?? he was under the impression that he didnt have to file. Do you know if there will be any problems with the visa process if he hasnt filed taxes? (the irs is a different story I am sure, and not the right forum for that hehe). We still have 2-3 years to go, so he should probably file those 3 times, but we have basically been living off of savings and the money I earn lately that his income is literally 0 at the moment. So it's not like that will help with the sponsoring part at all anyway.

Thanks for your help btw.

[ana34]

Thank you so much Ray! That helped me understand things a little better. I am glad I started researching all this stuff early cause it seems to take a long time to get the visa application processed. Just one more quick question...on all the necessary applications will my husband be putting his permanent address in the U.S. or our current address here? For all the correspondence that they send back to him as a petitioner would be then sent over there, is that right? It's no big deal if so, his sister can always send us things from there if needed. Just wondering. Thanks again

Ana,

If your husband had no income, then he had no requirement to file U.S. income tax returns.

Money in the bank can be used to meet the sponsorship requirement, if it is 3-5 times the annualized income requirement.

In theory, value of assets can be substituted (at a ratio of 3 times income requirement), but in practice, very credible evidence of "fast sale" value must be provided, and assets outside the U.S. and their value would be difficult to pass muster with USCIS.

Many U.S. citizens/petitioners working abroad are actually working for U.S. companies, and I assumed that might be the case with your husband. I do tax returns and sponsorship packages for both expats and guys working in Iraq and Afghanistan, as well as foreign location oil platforms, but I guess your husband would not be included in those categories, whose income is highly visible for income tax reporting.

My advice is twofold: show money in the bank on your husband's sponsorship package, and enlist the help of a relative or friend in the U.S. to be a co-sponsor.

--Ray B

[rayb]

The process works best if your husband uses his U.S. address as his permanent address on the petiition paperwork, and that he makes arrangements for his sister to open and email immigration-related mail to you.

--Ray B

Thank you so much Ray! That helped me understand things a little better. I am glad I started researching all this stuff early cause it seems to take a long time to get the visa application processed. Just one more quick question...on all the necessary applications will my husband be putting his permanent address in the U.S. or our current address here? For all the correspondence that they send back to him as a petitioner would be then sent over there, is that right? It's no big deal if so, his sister can always send us things from there if needed. Just wondering. Thanks again

[ana34]

Thank you!!!

The process works best if your husband uses his U.S. address as his permanent address on the petiition paperwork, and that he makes arrangements for his sister to open and email immigration-related mail to you.

--Ray B

[rayb]

Mark,

I think you are somewhat confused. A visa applicant does not need a U.S. domicile to receive a visa.

The petitioner (her spouse) needs to have at least a U.S. destination and can petition before he returns to the U.S., or can return to the U.S. with his spouse when she receives her visa.

--Ray B

You must have a domicile (residence) in the United States before you are eligible to receive a CR-1 Spouse Visa.