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Old Nov 17th 2010, 9:01 am
  #16  
 
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Default Re: tax returns

Originally Posted by londonmale2008
Ive just spoke to my wife who is currently in America and she said after using the automated transcript request line that she has been told that the 2009 is not availiable? Is there any truth in this? Doesn't seem right to me.
When did she file 2009's return, just recently? There is a delay between submitting and having the transcript available.
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Old Nov 17th 2010, 8:38 pm
  #17  
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Default Re: tax returns

Originally Posted by meauxna
When did she file 2009's return, just recently? There is a delay between submitting and having the transcript available.
she has her dads accountant do it, so not sure when he did it. however we have ordered a copy of the tax return from the accountant and it has nil income. i understand (and from guidance from ian as above) that this will suffice.

From now on we will be doing our own tax returns, much more reliable that way.
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Old Nov 17th 2010, 8:47 pm
  #18  
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Default Re: tax returns

Originally Posted by jeffreyhy
The I-864 detailed instructions address these questions. Sound to me as though Mailing Address and Place of Residence are both in the UK, but Country of Domicile is the USA. Why, because she's in the UK temporarily for study, with every intention of returning to her principal place of residence in the USA as soon as her studies are completed.

This should be a lot easier for her than for someone who moved to the UK to work at what might be called a 'permanent' job, as opposed to a contract job or company rotation expected to last only a few years. Or for someone who moved to the UK to live with and be supported by their spouse. Such people would have a more difficult time showing that the move was only temporary, but for a young student it should be fairly easy to show that domicile remained in the USA.

Regards, JEff
thanks jeff. i just struggled a bit because when we filed the i-130 and were accepted in london we filed as the uk as her "principle residence". However turning aroud and saying domiciled in the u.s. seems to be a contradiction. i do agree and think putting u.s. as domicle is the suitable response as she is on a student visa and has so much of her life back in the u.s., it should be no problem at all to prove!
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Old Nov 18th 2010, 2:32 pm
  #19  
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Default Re: tax returns

Hmmm, I don't see where the I-130 asks for one's "principle (sic) residence". I-130 simply asks for the petitioner's address. The residence requirement for DCF isn't about primary residence either, it requires that the petitioner have been present in country with appropriate status for 6 months or more.

Also, I don't mean to imply that it will be "no problem at all" for your wife to prove that her domicile is still in the USA. I said that it should be possible for her to do so, and it should be easier for her than for others is somewhat similar situations.

The point here being, watch your language. How you say things can be as important as what you say. Semantics can be important.

Regards, JEff


Originally Posted by londonmale2008
thanks jeff. i just struggled a bit because when we filed the i-130 and were accepted in london we filed as the uk as her "principle residence". However turning aroud and saying domiciled in the u.s. seems to be a contradiction. i do agree and think putting u.s. as domicle is the suitable response as she is on a student visa and has so much of her life back in the u.s., it should be no problem at all to prove!
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Old Nov 18th 2010, 10:05 pm
  #20  
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Default Re: tax returns

Originally Posted by jeffreyhy
Hmmm, I don't see where the I-130 asks for one's "principle (sic) residence". I-130 simply asks for the petitioner's address. The residence requirement for DCF isn't about primary residence either, it requires that the petitioner have been present in country with appropriate status for 6 months or more.
I took this from the USCIS website http://london.usembassy.gov/dhs/uscis/i130filing.html

I agree with you on your point I was just pointing out where I got that quote from.

Also didn't know the Principle/principal difference. Really got to sort my spelling out...
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Old Nov 19th 2010, 6:12 am
  #21  
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Default Re: tax returns

Originally Posted by londonmale2008
I took this from the USCIS website http://london.usembassy.gov/dhs/uscis/i130filing.html

I agree with you on your point I was just pointing out where I got that quote from.

Also didn't know the Principle/principal difference. Really got to sort my spelling out...
This really is a tricky area, everyone splits the hairs differently!

Anyway, I still think you'll be alright as I discussed back in post #14. Do keep us posted.
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