# Jury Duty in USA



## Linuxpro

I have a California driver licsense. I am going to register to vote. I use my brothers address.

Will I get summoned by LA county? 

I am 50 now. I have been summoned just about once every two years since I turned 18. I have never bothered to answer even once.


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## BBCWatcher

I am mystified why you would do this, Linuxpro. California has one of the "stickiest" set of residence rules for income tax, and you're certainly behaving like a California resident. Do you want to be subject to California income tax? (OK with me if you want to be, but most people don't want to be if they don't actually live in California.)

You can register to vote in California as a U.S. citizen living overseas through FVAP. Unless you have a strong urge to vote in state and local elections, why would you register to vote with a local California address?

That leaves your driver's license. You can convert a California driver's license to a Singapore driver's license by taking a rather simple computer-based test after reading a "rules of the road" book. A Singapore driver's license is perfectly fine on its own for renting cars during your visits to the U.S., for example.

So what's your problem here? I don't get it.


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## Linuxpro

I am not the slighest bit interested in American politics. I just need to maintain a "domicile" in the USA. Registering to vote is a way of showing intent to return. The reason is a bit complicated, and too long to explain.

If I was local beating a jury summons is no big deal. For example, if I showed up at all, I would be wearing the two enormus hearing aids I bought off eBay.

Internal politics at work are getting unpleasant (new dress code, and policies that disrupt work) and lots of people ar leaving. The new management is completely inept. I heard about an opening back in California. I would rather not have a warrant for contempt hanging over my head first thing when I step off the plane.


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## BBCWatcher

Linuxpro said:


> I am not the slighest bit interested in American politics. I just need to maintain a "domicile" in the USA. Registering to vote is a way of showing intent to return. The reason is a bit complicated, and too long to explain.


OK, no problem. Here's what you do in these circumstances:

1. Hire a mail forwarder in South Dakota, now. That costs as little as $7.38/month. Use your favorite Internet search engine to find "mail forwarding South Dakota" and you'll get several options, including the $7.38/month one.

2. Stop by the mail forwarder's office in South Dakota during your next visit to the U.S. -- South Dakota is a lovely place to visit -- and convert your California driver's license to a South Dakota driver's license.

3. Done. You're now "domiciled" in South Dakota, and you can vote in federal elections there via the FVAP.

4. In the unlikely event you're called for jury duty in South Dakota, you will respond, promptly, and you'll simply tell them you're out of the country. That will be a reasonable, valid excuse, and you'll be excused. (Another U.S. state summoned me recently, a state where I am not domiciled -- I'm domiciled and resident in Singapore -- and I quickly and easily cleared that up with one phone call and one fax. The problems occur when you fail to respond.)

What I've described is perfectly legal in South Dakota, with state support. They want absentee residents, and you are allowed to maintain a state driver's license if you're genuinely resident overseas (or genuinely roaming the country in an RV, as another example). They exercise a bit of caution in who they allow to be mail forwarder state residents, but in your case they should allow it since you are actually physically in Singapore. The mail forwarder should be able to walk you through the requirements, but they aren't particularly onerous. South Dakota has no state income tax.



> I would rather not have a warrant for contempt hanging over my head first thing when I step off the plane.


I agree, good idea! But since you've already ignored several summons for several decades, you've already got a problem of some kind. I would discretely look into just how big a problem you've already got and clean it up. In principle you can do prison time for failure to respond/appear, though if you come clean from overseas -- now would be a good time, before visiting California! -- it's highly likely you can settle with a fine. So make a discrete inquiry and get the matter behind you.


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## Linuxpro

You are a $&@ Genius! 

I know about South Dakota, but never made the full connection. 

Back in LA I used mess with them via the post, but never once appeared. Haha

I have been back to California many times, and even got married there last year.

I did a "nexus check" on myself. I have no public warrants.

Just in case you did not know, the US state dept can suspend your passport if you ard wanted, or are pending a felony. I am not interesting enough to be wanted for anything.

From the standpoint of the government, I am not an "interesting person". I am just another guy who files his taxes every year, and brings his wife shopping regularly.


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## BBCWatcher

Linuxpro said:


> You are a $&@ Genius!


I try, not always successfully.  But yes, South Dakota is a good option for U.S. expatriates that want to maintain a formal, technical U.S. residency for whatever reason. (I'm not sure what a good reason would be, by the way, but whatever.)

It's also worth mentioning -- not for you, but for others reading this thread in the future -- that South Dakota is one of the 31 states (at last count) that permits U.S. citizen children born overseas who have never resided in the United States to vote in the state/district where their U.S. citizen parent is/was most recently registered to vote. Let's suppose there's somebody named Linuxpro2, and Linuxpro2 establishes technical residence in South Dakota (mail forwarder, "box" address, state driver's license, etc.) and votes in federal elections there via the FVAP. Linuxpro2 then has a U.S. citizen child -- born in Singapore, for example -- and that child becomes an adult but has never lived in the United States. That child is also eligible to vote in South Dakota using the parent's last address -- in this case, the "box" address of the mail forwarder, even if the mail forwarding contract has long since lapsed, and even if the parent is deceased. Strange but true, but that's how it works in South Dakota and in 30 other states.

Note that establishing residence in South Dakota requires physical presence in South Dakota. You're not a state resident until that happens. The mail forwarder can explain how that all works. But when you do "land" in South Dakota at a fixed address -- a hotel or guest house is sufficient -- you've met that state's minimum definition for residence. The mail forwarder then provides an ongoing postal address that, if for nothing else, helps the state remain in touch with you to renew your driver's license, for example. (And yes, you can change mail forwarding companies if you wish and simply notify the state of your new address for your driver's record. You can also get a non-driving state ID if you don't want a driver's license. That might actually be a reasonable option for you, Linuxpro, since you can convert your California driver's license to a Singapore license and just go for a non-driving state ID in South Dakota if you wish.) Recent changes mean that South Dakota respects other states' residence claims on other individuals, so you cannot hop over to South Dakota, establish residence, and then decamp in Virginia, say -- that doesn't work. You have to be truly nomadic (e.g. RV owners who actually move from state to state), or stay in South Dakota, or stay overseas. (Temporary visits to the U.S. and to other states are OK.)

Even though it might be OK, I do not recommend trying to claim the U.S. Foreign Earned Income Exclusion based on the bona fide residence test while you are asserting that you are technically a resident of South Dakota. That seems at least hard to reconcile. However, there's no problem claiming the FEIE via the physical presence test. So just keep your days inside the U.S. below the limit so you can pass the physical presence test (if you want to take the FEIE), and that all works.


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## Linuxpro

This is good to know. Thanx

I need to show a domicile to simplify immigration for my wife. She may be able to travel with me when I move if I play my cards right. According to the USCIS I need a domicile, and income. My tax records are enough to cover my income situation.

My wife has a USA social security card (not a tax ID). She has visited the USA on a B2 visa twice since we married. No she is not Singaporean (she is another expat).


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## BBCWatcher

Linuxpro said:


> I need to show a domicile to simplify immigration for my wife.


Eventually.

You don't need anything relating to U.S. domicile when you file USCIS Form I-130 (and related attachments). After the I-130 is approved and her case lands at the National Visa Center, and when she then pursues an IR-1 or CR-1 visa, _then_ you'll need U.S. domicile. (Which is really easy to do at that point in time, because you're going to be doing it anyway. Renting an apartment, for example.) Note that you/she can keep an approved I-130 "on ice" as long as you wish as long as somebody contacts the National Visa Center at least once every year to "touch" the file and keep it alive.

There's an exception for U.S. citizens sent overseas to work for a company's foreign affiliate or subsidiary to promote U.S. exports, so check to see if you qualify for that exception. Then you have even less to demonstrate in terms of domicile when the time comes.

A mail drop in South Dakota is not the way to demonstrate U.S. domicile. (And the word is domicile, not residence, which should be a clue anyway.) Legal residence in South Dakota with only physical presence in Singapore isn't what the NVC is going to be looking for and won't cut it, sorry. They're much more practical than that. I don't see any point in doing that for the particular purpose you describe.

Nor is the California approach going to work because the NVC is probably going to ask you for your California state income tax return. Where's that? 

In terms of being a qualified financial sponsor, you have at least _two_ options. One is the income test that you're thinking of, meaning you qualify based on your demonstrated earnings. For a two person household you'll have to demonstrate roughly $20,000 (2015) of income. The other option (that somehow people don't mention and/or forget about -- but is really important!) is that if you and your wife (combined) could demonstrate at least $100,000 (two person household, 2015) of "liquid" assets, that'd likely be enough to pass the alternate financial test and qualify. (The National Visa Center assesses whether liberating your assets -- turning them into cash -- within one year would impose an "undue hardship" on the household. That's the standard they use.)

So, to net it out:

1. File an I-130 (with related attachments) now if you think you might move to the United States with your wife at some point in the future. Don't worry about the financial test or the domicile test now. Those tests come later.

2. Keep the approved I-130 "on ice" until you're ready. Make sure you've got a solid reminder mechanism to do that, with backup.

3. If you and your wife cannot comfortably pass the asset test now, spend the time before you move building up your nest eggs.

4. Make sure you're filing your U.S. tax returns (and financial reports), as always. You'll need them at the NVC.

5. She should get caught up on any missing vaccinations. (Check the CDC's Web site.) Especially if they're less expensive to get in Singapore, which they probably are. (Well, that doesn't really matter. She can't get into the U.S. to stay without her vaccination records being complete.)

5. When you're ready to move, simply take a couple steps to move. Hire a moving company, buy a bit of furniture, whatever. All the stuff you'd ordinarily be doing anyway to move to the United States. Submit that evidence to the NVC with the rest of what they require (e.g. income or asset test information in the Affidavit of Support).

6. Get the visa, and complete your move to the United States.

That's it. Simple, really.


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## Linuxpro

Very interesting indeed. Thank you.

I was under the impression that the approved 130 form was only good for six months. 

Before we got married, we filled out a 129, and obtained a K1 in about five months total. Someone told me that if they know you are a veteran you get it faster. I have no evidence to back that up.

Some would say, "why do a K1 when you can do a B2?". Well there were several reasons:

1. I knew that the 129 and 130 process are very much the same, so why not go through the 129 once and get the feel of it.
2. Technically speaking, getting a married on a B2 is a no no, even though nobody cares if you are not planing a change of status.
3. The K1 was her first visa to a western country, and it has a 95% approval rate, and the B2 has a 50% approval rate. We did not want to miss our wedding date.
4. The K1 comes with a SSN, and that made things less complicated for banking. We now have joint accounts in both the USA, and in Singapore.
5. The cost of a B2 in Singapore dollars is about $300 total. The cost of a K1 is about $700. The $400 was worth it in my opinion.
6. She has no problem getting a B2 at any time now.

No she does not have a green card because the immigration officer misspelled her name. It took me nearly 3 months to pull up her i94. We were only in the USA for two weeks. 

The big question is this. Will the "frozen 130" cause problems for going on a holiday. As it is, they will only give her a single entry B2.

Oh, and I have about 170K in USA stocks.

Last year my gross adjusted income was about 85K.

I work in-directly for one of the big banks here. I am pretty sure I am a 329(b) other than the fact that my wife has no green card. 

I have a potential job offer next year near Sacramento. Yes, I can even fly there ahead of time, and rent a flat, as well as park a car in front of it.


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## BBCWatcher

Where are you seeing your #1 and #2 points? I don't think you'll find them at USCIS or the State Department.

The United States is one of the world's major destination wedding countries, all perfectly legally. As long as those without stay permission get out on time -- that's the requirement.



Linuxpro said:


> Will the "frozen 130" cause problems for going on a holiday. As it is, they will only give her a single entry B2.... I have a potential job offer next year near Sacramento.


The answer is probably no, but do you and your wife have a choice? The I-130 stage alone takes ~6 months. With a potential job offer in 2016, and the calendar already sitting at September, 2015, when would you like to take those 6 months? While you're with your wife, or while you're in Sacramento without her?


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## BBCWatcher

Linuxpro said:


> I was under the impression that the approved 130 form was only good for six months.


Ah, I've figured it out. You're thinking of the visa, in this case an IR-1 or CR-1 visa. Yes, once issued that visa must be "burned" within 6 months. (See here for example: "An immigrant visa is generally valid for six months from the issuance date.")

An approved I-130 is not a visa. It's a _prerequisite_ for an IR-1 or CR-1 visa, but it isn't the visa itself. As mentioned, an approved I-130 can be kept "on ice" indefinitely as long as you (or somebody) "touches" the file at least every 12 months by contacting the National Visa Center.



> 4. The K1 comes with a SSN, and that made things less complicated for banking. We now have joint accounts in both the USA, and in Singapore.


I'm not a _huge_ fan of joint accounts, for the record. I prefer setting up U.S. "Payable on Death" beneficiary accounts and low cost supplemental credit cards (with automatic monthly full balance payment), plus the usual stuff (a living will, notably). [If you get your wife a U.S. supplemental credit card tied to your account, and tagged with her Social Security number, she'll start building her credit history in the United States. Most U.S. credit card companies report supplemental credit card holders to the credit bureaus.] One reason I'm not a huge fan is that joint accounts outside the United States have some FinCEN Form 114/IRS Form 8938 reporting requirements. Also, some countries -- Japan, I'm thinking of you! -- get upset with gifts between spouses when at least one spouse is subject to Japanese gift rules. Joint accounts make it much more difficult to prove a negative, that you haven't given your spouse gifts in excess of the rather low Japanese limit. I don't think Japanese banks even offer joint accounts.



> Oh, and I have about 170K in USA stocks.


That should do for a two person household, but there are a couple caveats:

1. Stock prices can fall, even by a lot, so you could rapidly crash down below $100K.

2. You'll presumably owe some taxes on that $170K if liquidated. The National Visa Center takes taxes into account as part of the asset test, as I understand it.

3. The National Visa Center applies an "undue hardship" standard within the asset test. That is, they ask the hypothetical question, "If this household liquidates the minimum in assets within one year, would that cause undue hardship to the household?" You'd be in a reasonable position to take a guess what they'd think in your circumstances.

More is always better, of course. See if you can accumulate more, safely.


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