ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Do I need joint sponsor if 2010 and 2009 my income is LESS than 125% poverty?

Hello VJ family,

I have a question about Form I-864. I will be a sponsor for my wife.
Do I need second/ joint sponsor if last year my income from the IRS tax transcripts is only 50$ more than 125% ($18912) poverty, and 2010 and 2009 my income is LESS than 125%?

Any advice would be highly appreciated.
Thank you in advance.


As long as CURRENT income can be proved to be 125% above the poverty guidelines you should be okay. USCIS does like to see a trend if showing the last three years, but it is more important that the current income level can be shown to be above the 125% level. This is done with recent pay-stubs and a letter from your employer. If you are below then you will defiantly need a co-sponsor.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-23 12:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresGot RFE

Got RFE today at 10 am . Can anyone tell me what RFE it would be?


How the hell should we know!?! Sorry, but you will have to be patient and wait for the RFE to arrive and then you can tell us what it says and then we can help. Right now it is just a guessing game and if you cannot think of what might be missing how are we?

Relax. Wait for the RFE and then respond to it. If you need help ask and we will be more than willing to assist.

Good lcuk,

Dave
Dave&RozaMaleKazakhstan2012-07-18 14:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 Income Tax Question

I see people posting all the time that they do not have tax returns for some past year because they were not REQUIRED to. And now that they are in the process of immigration it is causing all kinds of problems.
So I recommend to file. It can make things easier then explaining why you don't have a tax return.
Also, Unless her employer did something funny she is likely entitled to a full refund of taxes that were withheld by her employer. So file and get the money back.



:thumbs:

The USCIS is under the premise that every USC must file a tax return each and every year since becoming an adult. To me it is easier to file a return and pay zero in taxes, or maybe get a refund due to some tax credit that is out there, then to have to scramble to explain why I did not have to file. For me, I have had to file since the age of 14 and I have always used to long form so I guess I am just used to filing taxes.

The only problem with late filing is if you owe you will have the penalty and interest, but you would have that anyway if the IRS comes after you at some point as not filing a return is tax evasion and there is no limit to the time to be audited, but that is not her case so no worries there.

So just file a return and then get the transcript of that return to give to the USCIS as your life will be much easier in the end IMHO.

Good luck,

Dave

Edited by Dave&Roza, 30 July 2012 - 11:37 AM.

Dave&RozaMaleKazakhstan2012-07-30 11:36:00
IR-1 / CR-1 Spouse Visa Process & ProceduresW2 VS. 1099

is it required to have 2010 and 2009 copy of Tax transcripts for the interview? I only asked 2011 from my joint sponsor.

How can you compute the adjusted gross income? My husband only has w2 and 1099 for the year 2010.

another question, how do you attach the tax trancripts or explanation that my husband is not required to file taxes? is has to be stapled together with 1-864 during the interview?





My husband only has W2 and 1099. he had no job. there was no 1040



This will depend on the person reviewing your case and the co-sponsor's income level. If the co-sponse is significantly above the required income amount then the current income tax return should suffice. It sounds like your husband did not file a tax return as that is where the adjusted gross income amount comes from. If he did not file a tax return, he should put the amount he can prove which is the W2 plus the 1099 and attach a letter explaining why he was not REQUIRED to file an income tax return. Make copies of the W2 and 1099 to include as proof of income along with the letter. Then the support for the I-864 falls to your co-sponsor.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-31 15:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresW2 VS. 1099

What amount of income we have to put in 1-864 form? is it the amount is W2 or 1099?

Thanks everyone.


If you are not self employed, it is your adjusted gross income which is a combination of the W2s and 1099s. I put down my gross income from my current employer and had an employment letter and pay-stubs backing that number up as current income. I then put my income from my tax returns for the next two years using the adjusted gross income number and attached tax transcripts as proof. Whatever numbers you use, you must be ble to prove that you actually make that amount of money. The closer to the 125% of the poverty level the more the USCIS will examine the evidence.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-07-31 14:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffadavit of support do I make enough?

I know I keep asking questions on here but I'm just nervous and want to know all of the answers before hand. :) I am planning to sponsor my husband by myself. I do have two children and I know how much I am supposed to make according to the 2012 poverty levels (125%) anyways I was wondering if they will let me be the sponsor if I'm supposed to make (it's somewhere between 28 and 29,000) and I make 30,000 a year between both of my jobs. I really don't have anyone to co-sponsor and I am working sooo hard to make what they require, just hoping that they will consider it enough or do they want you to make significantly more? I've been making the 30,000 since April before it was less. Also who looks at my affadavit to determine if I make enough, is that done in the US or at the embassy?


If you are under the amount, you do not qualify. If you are over you SHOULD qualify. Do you have any cash or other assets you could use to help get the number a bit higher?

Dave
Dave&RozaMaleKazakhstan2012-09-05 16:52:00
IR-1 / CR-1 Spouse Visa Process & Proceduresnot having TAX return forms and Pay Stubs

hey everyone;

I have a simple question!
I have paid the AOS fee, and it is showing PAID as the status of payment! now I want to mail my documents to NVC! there is this problem, that I have came to the USA just 6 months ago; therefore, I don't have any TAX return forms or Pay Stubs! what should I do?! should I just attach a note that I don't have them, or there is some documentation that I need to provide?!
also my joint sponsor, has forgotten to send me his Pay Stubs! and he is not available for a while! do I really need to have his Pay Stubs?! or his W-2, TAX returns, and employment letter will do the work?!

thank you guys for you answers in advance...


You could (should) have filed an income tax return every year you earned money even if that money was earned outside the USA. Now you have to dig up the IRS code that states that foreign income is not taxable if below X and show you made less than X and that you were not required to file a tax return. FYI: All USC are required to file a tax return and that is why the USCIS asks for them of the USC, however; the IRS does not go after people that do not owe taxes and most people earning an income from a foriegn source do not owe taxes, but life would be much easier if you would have filed a tax return each year.

Get thee to the IRS website and dig thru the tax code so you can write a letter stating why you were not requiired to file a tax return for the last year or two or three and then prove that you meet that requirement. Other than filing your returns now that is about all you can do. Your co-sponsor must prove income sufficient to cover his household size plus your spouse. Personally I would have him order tax transcripts from the IRS as there is a chance the information he gives you is not a complete tax return--a tax transcript is a complete tax return in and of itself. The more you have to show his income the better. I would at least get his last two or three pay stubs, but that is up to you.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-09-28 17:41:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan my husband travel to the US before his interview?

So I just got the first NOA saying the CR1 visa I applied for my husband is receieved. It's November now and we are having a wedding ceremony in May 2013 for our whole family. After seeing what other people have gone through and their timelines on how long it takes to get an interview, it seems close. So my question is, can my husband travel to the US (just for the wedding reception for our families then he will return to New Zealand) before he gets an interview?
My other question is do I have to stay in the US while the CR-1 is being processed because I planned on going back to NZ next month and stay there until April. I can't seem to find any answers on the USCIS page or in any other forms. Any help would be appreciated!



Given that NZ is part of the VWP, he should have an easy time coming to the US and you should have an easy time going to NZ. He still may want to bring along copies of items showing he has ties to NZ and a copy of the NOA1 for the CR-1 visa might help too. Why would he stay in the US with a pending immigrate visa? Just make certain you do not miss any of the steps in the CR-1 process, check out the Guides at the top of this page, while visiting him in NZ and you both should be fine.

Good luck,

Dave

Edited by Dave&Roza, 07 November 2012 - 05:30 PM.

Dave&RozaMaleKazakhstan2012-11-07 17:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen can my husband travel after POE

QUESTION: Once my husband gets his Visa will he be able to travel back to Nigeria anytime or does he have to wait until he gets his green card in hand before he can leave the states? We will be married under the 2 years when he arrives. I have heard that he can't leave until the process is over but not sure.
Also if he can travel back isn't there a limit to how long he can be away and how many times a year he can go or something.


Hello everyone,

This is my first post. I'm a US citizen who applied for a green card for my father. All the procedures went well; and now my father has an immigrant visa on his passport with many words which contain [IR-5],and [Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year].

I share with the OP the same question, and I would just like to be reassured if i may. Is it a 100% okay that we can travel back to Dubai any day after we cross port of entry to the states?

We will be booking a return after 10 days of entry. The green card will be mailed to a family friend who resides in the US. Their address is on file.

Your help and clarification is very much appreciated.

PLEASE fill in your timeline!!





When he arrives on the IR-1/CR-1 he should receive a stamp in his passport that has the number I-551. The I-551 is the same as the GC and he can travel on it. As a LPR he must remain in the US more than he is outside the US or risk loosing his LPR status. This is something both you and he need to read up on and be absolutely clear on before he remains outside the US for an extrneded period of time--i.e. more than 6 months at a time.

Good luck,

Dave

Edited by Dave&Roza, 11 November 2012 - 01:59 PM.

Dave&RozaMaleKazakhstan2012-11-11 13:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMoving to other country while your case under process

Dear All,

We applied for IR-1 and my American citizen wife filled in I-130 petition.
Now, we both are living in Spain as student. Last week my I-130 petition is approved and they sent the case to NVC on 16 of November.

But now our situation is changed and I got research position in Sweden for 4 years and I should start my study there from 1st of January 2013.

My questions are:

1. If we move to Sweden how we can inform NVC that our address is changed? is it also necessary to inform USCIS about it?

2. Can I get my immigration visa in Sweden and travel to USA for short time about 1-2 months (during summer vacation) for Green Card and social Security Number and then come back again to follow my study?

3. Is it compulsory to stay in USA after I receive the green card? for how long? (or I can come back and follow my education in Sweden?)

Actually, I wan to finish my education and then we are going to move to USA. But I don't want to lose what I have done for our immigration so far.

Thanks for your help, :help:

BCN-CAL


This is one of those sticky situations. You must maintain US RESIDENCY as a GC holder. RESIDENCY and physical presence can be two seperate things. Of course if you are in the US then you are also maintaining your residency. Being a student outside the US is possible as long as your intent is to be a US resident. Where will your USC spouse be residing while you are in Sweden? If she is not in the US, then your claims to US residency are not valid. I would look at it this way: Where do you intend to live after the 4 years of study? If it is not the US or you have not decided, then I would recommend you not get the GC until you are done studying. If your wife is going to move to the US and begin living there, then you can maintain residency by showing that you are studying in Sweden, but have a perment home in the US with ties and all that. It is more complicated, but doable. If you come back to the US during the long breaks, that will show you are only in Sweden for school and not living there and coming back to the US just to keep the GC.

You may want to go o the USCIS website and look at the resposibilities for a LPR and decide if/when you want to get the GC.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-11-26 15:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Returns

Heloo Everyone,

I just want to know my wife has lived in the U.S for the last 6 years and has never worked so she has no tax returns, my uncle is my joint sponsor who will be attaching his tax returns pay stubs etc, so will my wife just have to fill and sign I864 and send it with no other documnet should she also include a covering letter stating that she never worked and does not have no financial history in the U.S



Thanks in Advance



She must submit tax returns OR a letter explaining why she was not required to file a tax return. This is the one that bites a lot of people. My brother does not earn any money, yet I file a tax return for him every year. He pays no taxes and has a record of filing. The USCIS may or may not accept that she has no income and thus no need to file a tax return. If there is time, she could file the last three years worth of tax returns and get the transcripts from the IRS. Please remember that FILING a tax return is different than PAYING taxes.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-11-28 10:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE: Filed I-864 with Joint Sponsor..

No, I submitted my i-864 as well as my joint sponsors'. I just included forgot my letter of employment (my bad) and included only one year's tax returns instead of multiple years--which shouldn't be a problem.

Also replying to say: oops! It seemed that I misunderstood the RFE? By checking ONLY 2011 here:



It seems that they only want more information about 2011? That is an entirely different problem! :oops:

I included my W-2 for my work in the US, but most of my income (listed on the tax return) is from working abroad. The government here doesn't issue W-2s. What should I do? Sign a statement saying as much, and account for the other income via the letter of employment?



Go to the IRS website and order a TAX TRANSCRIPT for that year. This is considered a complete tax return and is accepted by the USCIS and the you do not run the risk of the USCIS employee not finding a piece of paper they think should be part of every tax return and if it is not then they claim your tax return is not complete. A TAX TRANSCRPT is a complete tax return. Get one now and send that in.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-11-30 10:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSSN & Green Card

Hello All,

I'm a US citizen and my wife arrived in US last week on CR1 visa. We are planning to go to Social security office next week to apply for SSN. However, we are not sure about the process to get the conditional green card. What's the process to get the green card?

Thanks,
Siva


You already went thru the process. Your wife should have a stamp in her passport that acts like the GC until the actual card arrives--it might take a month or a bit more give the holiays. That stamp is an I-551 stamp which is the GC and is valid for 1 year. You may want to wait on the SSC if you ticked 43a and 43b on the DS-230 form to have them send you a SSC automaticaly, but some times the SSA does not send it and a trip to the local office is required. I would wait until the new year before worrying about the GC or about going and getting a SSC.

Good luck,

Dave

Edited by Dave&Roza, 13 December 2012 - 03:52 PM.

Dave&RozaMaleKazakhstan2012-12-13 15:51:00
IR-1 / CR-1 Spouse Visa Process & Proceduresis tax return important?

please i would like to know if its important to submit my 3yrs tax return documents since i have a co-sponsor.
i am about to file for my wife next month but did not file taxes because i have not worked in the last 3years.

can someone tell me if this is important.Is my co-sponsors tax return okay to my wife and I?

Thanks
Wenthworth


Just because you did not work does not mean you did not need to FILE taxes. FILING taxes and OWING taxes are two completely different things. The USCIS expects every USC and LPR to file a tax return every year unless you can cite specific IRS legal language as to why you were not required to file. In the end it is easier to file a tax return to have on record then to try to expalin why you were not required to file. Inverstment income--dividends, capital gains--interest of more than $400, having a 401(k), or IRAs makes you required to file, but you will not owe any taxes if your earned income was zero. I would go back and file at least last year's income tax return and get a tax transcript from the IRS to give to the USCIS. I have been filing the 1040 form since I was 14 years old as I have had earned income, investent income or retirement accounts. I should point out that the SSA uses your tax return information as reported by employers for your income used to compute your retirement benefits. If an employer reports the wrong income on a W-2 the SSA and the IRS will have the wrong information. So taxes have a far reaching impact then just whether you owe money to the government--as you are finding out with the USCIS excepting the most recent tax return from you for the visa process.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-12-23 21:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTax Filing - filing status?

Forget where you are in regard to your filing status. Your married. That's all the IRS needs to know. Where she is living does not matter. She has no income so you will be putting only yours down. But you really want to claim both her ( and her daughter) as dependents. So get the ITIN numbers and include them. Filing married gives you the most tax breaks and returns.


The daughter is a dependant, the spouse is never considered a dependant (just a pet peeve I have about calling a spouse a dependant). I agree with everything else.

Dave

Edited by Dave&Roza, 25 December 2012 - 06:06 PM.

Dave&RozaMaleKazakhstan2012-12-25 18:04:00
IR-1 / CR-1 Spouse Visa Process & Proceduressalary on I864?

My husband is trying to fill out the I864 and get all the supporting documents. He got an employment letter but they said they could only put what he earns per hour. They couldn't give a yearly salary as he is paid by the hour so if he is sick, takes a shift, works overtime etc it will change. So, what do we put for the salary on this form? Just his $/hr amount? Thanks!!



Take the hourly amount and multiply by 2080--the number of work hours per year and put that number on the form. Your employer's letter and the pay stubs will back that number up.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-12-31 11:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresP.O.E Question! (checklist)

Hey ya'll,

Well my husbands P.O.E date is January 7th, USCIS and NVC usually give us a handy checklist for things but I CANNOT find a checklist for the P.O.E

What he has is:

1) Passport (obv.)
2) Packet mailed to him via US Embassy
3) His ESTA is expired but he's applying for a new one tonight (last time it was approved in minutes)


.........So thats what we have so far.

Anything else????



He is coming on a spousal visa correct?! Then he does not need to complete the ESTA as that is for travellers arriving on the VWP and he does indeed have a visa. Make certain his passport is stamped witht the correct notation that he has a CR-1/IR-1 visa--they should give him an I-551 stamp on the visa to act like the GC until it arrives. He will not need to complete the I-94 on the airplane, only the Customs Declarations form. He should bring documents that are hard to obtain from afar--i.e. birth certificate, etc. He should receive the actual GC shortly after arrival so travelling back to to the UK will not be a problem.

Congratulations on getting to this point,

Dave
Dave&RozaMaleKazakhstan2012-12-31 16:29:00
IR-1 / CR-1 Spouse Visa Process & Procedurestax return!!! please help

Sorry for bumping up this post, but it's the most relevant topic I could find to my situation. Maybe someone can help?

How do I file form I-864 if I am unemployed and have no previous tax returns?

I'm filing on behalf of my spouse. I'm currently unemployed with technically $0 income. I'm 21 years old and I studied abroad from 18-20 years (working part time concurrently). I returned to the US last year, and only worked for 6 months. Since then, I have been unemployed. I have never filed a tax return in the United States. I don't know how to access my W2's from my very brief employment. How do I explain this to the USCIS and fill out form I-864? I am planning to have a joint sponsor in order to prove I can support my spouse. I'm just concerned about my lack of tax reports.

I got to section 6 on the i-864:
Question# 22. I am currently unemployed since 03/2012.
23. My current annual income is $0.00.
24. Income I'm using from any other member of my household - None.

When I get to question 24 d) and e) ask about the person listed above filing a completed i-864a, but I don't need to check either box because I answered 'none,' right?

then question 25 - federal income tax return information is currently completely blank because I cannot fill it out. I have not reported my income for any of the last 3 years :/


You should have FILED a tax return for last year's work whether you owed taxes or not. Now you can file a return so you can get a tax transcript for the USCIS or you need to find the legal terms from the IRS as to why you were not REQUIRED to file a tax return and give that to the USCIS and hope they accept it. Your co-sponsor must include their tax returns to prove they make 125% of the poverty level and you need to prove they are a LPR or USC. Again I would ask the co-sponsor to get tax transcripts as those are a complete tax return and is less subject to an RFE.

What are you filing for a K-1 or spousal visa and with which Embassy/Consulate? If it is a K-1, I would check with the Embassy/Consulate to make certain they accept a co-sponsor as there are several Embassy/Consulates that do not--the PI comes to mind as one that does not accept a co-sponsor for the K-1.

Good luck,

Dave
Dave&RozaMaleKazakhstan2012-12-30 01:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling Taxes

Hi I am a US citizen who is about to file my I-130 petition for my husband, I have a question about the taxes. I will be filing married jointly my husband who resides in Italy has a ssn there do he use that ssn for when we file or do I still fill out a W7 form to get a ITIN? Thank you for any response.



SSNs are for life, so if he has a SSN use that to file your taxes and consider yourself lucky that he does have a SSN and does not need to file for an ITIN. The only other question is whether to claim him as a legal resident for tax purposes or not. That one is up to you to decided based on income and tax consquences. Please read the IRS information carefully.

Dave
Dave&RozaMaleKazakhstan2012-12-25 21:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTaxes

Hello, this is Jason , in 2012, I have been putting in Single Zero for my work to have taxes taken out. Now, I married Yalee this last May 2012 in Philippines. Shouldn't I have changed my work to Married and something even though she is still in another country? I need to know this before I file for my Tax Return, because I don't want to get in trouble for Tax Fraud or something. Please Help, Thank You.


What you have withheld is up to you as long as you do not unwithhold and get hit with a penalty. When you FILE your tax return you will file as married filng jointly or married filing separately--that depends on your tax situation and whiich gives you a better tax break. I am still claiming single and 1 deduction and I have been married for 2 years.

Dave

Edited by Dave&Roza, 06 January 2013 - 11:24 PM.

Dave&RozaMaleKazakhstan2013-01-06 23:23:00
IR-1 / CR-1 Spouse Visa Process & Proceduresapplying for turist visa after applying for CR1

Hello,

My wife is Bolivian and we are currently living in Bolivia.
About one year ago we applied for the CR1 visa, and we are still waiting for the interview. We were hoping to be able to go to the states by the beginning of this year, but seeing as we still haven't received anything that looks promising to be able to finish the visa soon, I was wondering if it would be possible to apply for a tourist visa while we wait, and if doing so would interrupt the process at all?

thank you


Yes you can apply for a tourist visa and no it will not interrupt the process. Her chances of getting the tourist visa are the same as any person from her home country and she must show strong ties that she will return and not immigrate to the US. Having a pending immigrant visa may actually help in this case. You will never know unless you try. Your only risk is the time involved to file and the visa application fee which is not refundable.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-01-14 10:24:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStamped copy of marriage cert needed?

Uhhhh... I'm pretty certain the original signed during the ceremony is supposed to be sent to the county clerk.
Not only am I thinking that because they made copies of it to SEND me mine, but my parents have a fake one... because they couldn't keep the real one.

The officiant of your ceremony is supposed to send it there.




As I said not ever state/county does things the same way. We took the marriage license to the courthouse and got married and the judge, myself, my wife and the witnesses signed the document. The Clerck of the Recorder was still open so I went there paid $2 per copy and got 6 certified copies of this document right then and there and they put a sticker on it to record it into the system. Three days later I received the original back after it was recorded--scanned into the system. So actually the county has a copy of the document I have at home as I have the ORIGINAL with all the original signatures. So yes, I have the real original marriage certificate and marriage license AND I have certified copies as well.

OP: Send in a copy of the document you have and then when you get the recorded one have it ready. This process taks too long to wait 8 weeks for the recorded copy and then several weeks for th e USCIS to do anything. Use the delay in the USCIS system to your advantage.

Dave
Dave&RozaMaleKazakhstan2013-01-23 18:01:00
IR-1 / CR-1 Spouse Visa Process & ProceduresStamped copy of marriage cert needed?

Hi, sorry to bring an old topic up but I am in the process if putting my application package including the I-130 together and I am supposed to submit a marriage certificate along with my I-130 but it will take 6-8 weeks for my certified marriage certificate (with the county stamp) to arrive and reading from here, it seems like I do not need the a copy of the county stamped marriage license for the I-130 submission?



Not sure how your state/county does it, but I still have the original marriage certificate and marriage license that my wife and I signed along with the judge and witnesses. I can go to the county courthouse and request certified copies of this document or I can make a copy of that document. I will never give up this document to anybody. They can see it and make a copy of it, but it stays in a safe place. You can send in just a plan copy, but I would have a certified copy or two around for when you need them. These are like Birth or Death Certificates, you never know when you will need one so having them on hand to quickly produce is important. So order several certified copied if it take 2 months to get them--not for the USCIS but just to have.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-01-23 16:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAffadavit of Support - how strict are they?

Hello,

I am new to (and very confused by) this whole visa process. I never expected it would be so complicated. :)

My story in 30 seconds: I am a US citizen who lived in the US from birth (71') until 2002. In 2002 I sold a small computer firm I owned and went to live on a beach in Thailand, seeking a simpler life. I did some real estate investments and ran a dive shop and always lived within my means. In 2011 I got married to a lovely French girl I met in Thailand. In 2011 also, I sold my assets in Thailand and bought/rehabbed a 2-unit house (duplex) with my wife in Philadelphia (she entered under the visa wavier). We used the rents from this investment property to fund a 1-year stay in France where we did volunteer projects and I learned more about my wifes country (we are still here). It was something I said I'd do before our planned move to the USA.

Now, I have not filed US taxes since 2002. Legally if you have no US income and your international income is low enough, you do not need to file. I did file in Thailand, but Thai wages are incredibly low (less than $10,000/yr).

I have no job lined up for my return to the USA, but have some informal offers from old co-workers. I also plan to continue rehabbing properties. I own our current investment property free and clear and it's value should be about $110,000. We also have about $8000 in bank accounts which will last us until I find work.

Reading over some other posts here, I fear that I may not qualify. My wife and I both live by simplistic ideals. We don't buy things we cant afford, we grow our own food, and we always live within our means. However, these types of things don't count when filing forms. I've found that out the hard way trying to get a mortgage. I don't want to own my house free and clear, I just can't get financed despite excellent credit.

Do you think with a $110,000 investment property (not my primary residence) and no job and no tax returns for 3 years I will qualify? If not, what are we to do?

Thanks. I am glad I found this forum. It's so much easier to relate to real people than the recorded messages at the USCIS. ;-)

-Rick


Assets can be used but they must be 3X the required amount, so if your rental property is actually appraised at $110,000 then you have $36,666.66 in assets which is well above the 125% poverty level. I would go and file your last three years worth of income taxes as the USCIS expects to see an income tax return unless you can quote the IRS code which states your are not REQUIRED to file an income tax return. It might just be easier to file the return so you have it and order tax transcripts from the IRS. Yes, you do not owe any taxes, but in the eyes of the USCIS you are still REQUIRED to file a tax return. Or you can try to find a co-sponsor willing to sign the I-864.

Legally you are required to FILE a tax return every year as a USC or LPR on worldwide income. You may not OWE taxes unless you make a lot of foreign income or have a large income from investments. It is this requirement to FILE that the USCIS will insist you provide your tax returns.

Good luck,

Dave

Edited by Dave&Roza, 22 January 2013 - 05:51 PM.

Dave&RozaMaleKazakhstan2013-01-22 17:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling status on 2012 taxes

Hello, I'm preparing to file my 2012 taxes to be able to include as part of the last 3 tax years i have to provide.
I was married in April 2012 and my husband lives in Mexico. He has no SS# or itin#.

I have called IRS and they said to file "Married, filing separately". Does this sound correct? Has anyone with the same situation filed like this?

Thanks



You could file as jointly and get your husband an ITIN. Just remember that once he becomes a LPR he must file income taxes on world wide income. I would look at your tax situation and see which gives you the least amount of taxes paid--filing seperately or jointly.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-02-04 20:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUS offices for answering questions / CR1

What US offices answer questions from applicants going through the application process. Is it generally hard to have questions answered or are there offices whose job it is to really help with the process?



We don't call it the mis-information line for nothing. It is usually a big waste of time to call the USCIS about your petition. As the previous poster mentioned, you are better off reading the guides on this website or posting your question here on VJ and tap the wealth of knowledge of those that have gone before you.

Good luck with the process,

Dave
Dave&RozaMaleKazakhstan2013-02-28 22:16:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPhotocopies of the passport.

Hello Friends,

Do we really have to submit photocopies of all the pages of the passport to USCIS for I-130 processing?
Wouldn't the biographic page of the passport and/or the Naturalization Certificate would be enough to establish the citizenship?

Thanks,


The instructions state a copy of an unexpired US passport OR the naturalization certificate. So if you do not want to spend the time and money to copy your US passport (they must have a reason for wanting to see all pages of your passport or they would just ask for a copy of the biopage) then just send them a copy of the Naturalization Certificate. You will discover that the instructions do not seem to make sense, but this is the government and if you want the benefit you seek, then you will provide them what they ask for and not question the stupidity of the request :whistle: .

Good luck,

Dave

Edited by Dave&Roza, 04 March 2013 - 08:08 PM.

Dave&RozaMaleKazakhstan2013-03-04 20:07:00
IR-1 / CR-1 Spouse Visa Process & Proceduresif you have USA its not mean u can Enter USA

hi every body no one Understand my question i have cr1 visa my case its was in Qatar and i got married also in Qatar my country now has bad situation Security in general is very very bad now i have to go to usa from Qatar or from my country coz i want to visit my country before go to usa

thanks.,


You can travel anywhere you want before arriving in the US. As you are arriving on a CR-1 visa, once you enter the US your visa will be stamped and will act like a GC until the GC arrives, so you can travel back to your country or Qatar or Russia if you so desire after entering the US.. I really do not know what the question is--I am taking the shotgun approach and hope I hit someting :D .

Hope this helps,

Dave
Dave&RozaMaleKazakhstan2013-03-13 16:42:00
IR-1 / CR-1 Spouse Visa Process & Proceduresif you have USA its not mean u can Enter USA

Hi every body i took Visa Cr1 and i life in Qatar my case its was there also i i did not come back to my country around 2 years Ago and when i got married it was i also in Qatar . now my country has hard situation Security in general is very very bad now if i go to my country and from there i go to USA maybe in airport i cant enter because i came from my country ??? and it will be better if i go to usa from Qatar


and i want to tell that for every body if oyu have US VISA it not mean u will enter USA I read that before


Thanks and Gob bless you



You had a CR1 visa from Qatar after getting married two years ago? Sounds like you have lived in Qatar all this time and now want to come to the US. You will need to file for that CR-1 visa again unless you have managed to keep your LPR status valid being outside the US for so long. You are correct that having a visa or even a GC does not guarantee you entry into the US. Only USC must be allowed back in as it is their country of domicile. If you never used the CR-1 visa to enter the US, it is expired by now.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-13 15:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresShould I Include a CD (for photos) In my I-130?

Is it ok to include a CD in my I-130 package?
I will contain the following photos:

-Our Photos when we first started dating
-All my Gifts to her
-Some Skype Screenshots
-Pre-Wedding Photos
-Church Ceremony
-Wedding Reception
-And A Short Clip of our Wedding
-Images showing our daily emails from each other (At least 20 e-mails almost everyday) up to now (And some dating back in 2010)



Is this overkill?
I am only doing this because I don't know how else I would prove our marriage because we just got married last Nov.

Please let me know what you guys think.

Thank you guys in advance for your reply. Magandang Gabi sa Inyong Lahat!


Put yourself in the IO shoes. Would you go to the trouble of placing the CD into the disk drive and then looking at all that information? The CD most likely will be tossed or ignored. Go through it and print out a few pages of the photos, and screen shots. You may want to include a few of the e-mails that span the years. You just got married so you do not have a lot. No one does so relax. Now in 2 years when you file your ROC you will need more fiancial stuff like tax returns (do not forget to file 2012 as married and either filing jointly or seperately which ever gives you the best tax advantage--you may need to get her an ITIN to file jointly. If this will take beyond April 15th then file an extension), joint bank accounts, joint credit cards, etc.

My recommendation is to send only paper evidence.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-04 20:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSo I called the USCIS today..

And they couldnt give me the answer I was looking for.. kind of weird. Not weird at all. They know less about what is going on than most people on this forum. Most of them do not know the difference between a hole in the ground and their .....If the information is not on the piece of paper in front of them, they will either tell you that they cannot give you that information or make something up. It is not called the mis-information line without good reason.

I need 2 direct answers that they said they don't have, they told me to go look up an i864p which didnt give me what I wanted. You need to look up the I-864 Affadavit of Support form as that is where they tell you about the poverty level, the 125% requiement, the usage of assets and all that.

I need to know 2 things:

1) If we cant find a co sponsor, how much money needs to be in the bank account, and I dont mean assets, I mean pure cash, I need an exact amount and the source of this information. Cash is an asset as it is easily converted into cash and does not cause an undue hardship in doing so. It than falls under the asset used catagory which is that it is taken at 3X its value for a spouse or 5X for a non-spouse sponsor. So if you want to use all cash and the poverty level is $20,000 (for easy math) than you would need $30,000 in the bank to sponsor a spouse or $100,000 to sponsor someone else.

2) I understand for 2 people the %125 poverty line is $18,933 or something close to that, but lets say I cant find that person who meets the requirements, can we have more than one co-sponsor if they are under the $18,933? Not likely unless they are in the same household. It would be better to come up with the cash and have that in the bank rather than trying to get several people to complete a form.

For example, lets say I find 4 co sponsors who make 15k/year that totals to $60,000 a year between the 4 of them, Can I send in 4 co sponors who are under the $18,933 limit but together they make over the limit?

Thanks for your time.


Edited by Dave&Roza, 25 March 2013 - 04:58 PM.

Dave&RozaMaleKazakhstan2013-03-25 16:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - Asset only, no income

It is actually on the bottom right corner of page 5 the i-864 form!

In the little box it says:
"The total value of all assests, line 29, must equal 5 times (3 times for spouses and children of USCs, or 1 time for orphans to be formally adopted in the U.S.) the difference between the poverty guidelines and the sponsor's household income, line 24c."



Thanks, but you do realize that I posted this almost a year ago.

Dave
Dave&RozaMaleKazakhstan2013-04-07 15:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - Asset only, no income

Slog through the Adjudicator's Field Manual to section 20.5 ( Adjudicator's Field Manual - Redacted Public Version \ Chapter 20 Immigrants in General \ 20.5 Enforceable Affidavits of Support ) and you will find it.


http://www.uscis.gov...190aRCRD&CH=afm


Thanks for that. I just wish the instructions had the correct amount listed as they state 5X whereas in 2006 the amount was reduced from 5X to 3X. I guess the person assigned to edit the instructions did not read that part. :( . If more people read thru this the number of question on VJ would go down, but it is a typical government document making it a very dry read.

Again thanks for giving me the correct information and teaching me something today.

Dave
Dave&RozaMaleKazakhstan2012-05-31 16:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - Asset only, no income

The multiplier is 3X for a spousal petition, not 5X.



Please help me find that part as I could only find the example under #29 about value of assets and it mentions 5X. Where does it state 3X for any type of immigrant? As I say, I only see where it says for a parent the value of the assets must be 5X. I have not found where it is 3X for a spouse and 5X for everybody else. Can you help me so I give out correct advice in the future?

Thanks.

Dave
Dave&RozaMaleKazakhstan2012-05-31 15:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - Asset only, no income

Can I show asset only (401k funds), no income for the last three years while completing the I-864 (more than 125% x 3). - All of them can be readily accessible without any penalty. There is no monthly steady income. Can I go without the help of a Joint Sponsor? Thank you for your positive feedback and comments.



Your answer is contained within the instructions of the I-864. It states that assets can be used if they can be converted readily to cash within one year and not harm the household. The value of the assets must be 5X the amount needed to reach the 125% of the poverty guidelines. The net value of a home can be used which is the appraised value minus any liens. Find it in the instructions and read it carefully as you are depending on this to avoid a co-sponsor. I only glanced at this part as my income was well above the 125% threshold of the povery guidelines. Your assest should be well over 100K for a family of two to consider this option IMHO.

Good luck,
Dave

Edited by Dave&Roza, 31 May 2012 - 02:44 PM.

Dave&RozaMaleKazakhstan2012-05-31 14:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOld passport

sorry I know I keep making more and more topics....

since my husbands passport expires in 2016 we were thinking of re-newing his passport before filing for the I-130. If we do this though the place will take his old passport and we wont get it back. Do we need the old passport (the one that shows his entry to and exit of the united states) for filing ? Or will this all be ok with the new passport?

thanks everyone for all the help that I've been getting here. I hope to one day return the favour. :)



You may want to make a complete copy of it just so you have it. Just wondering why you are going thru the process to renew it now given that it is still valid for 3 more years. You might see how hard it is to renew in the US and keep it until it is about to expire or see about planning a trip to Italy to renew it before it expires. For the Spousal visa, you do not have to prove meeting within the last two years like with the K-1, so I see no real need for the stamps to prove he entered the US other than photo copies.

Good luck,

Dave
Dave&RozaMaleKazakhstan2013-04-13 13:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWrong address on marriage license

I'm || this close to sending out my I130 for my husband and I when I realize that on our marriage certificate it has him listed as being from my hometown in the USA. Instead of where he is actually from- Costa Rica.

Do you think this is going to cause a problem? We don't live where we got married and I'm worried it'll be difficult to get this fixed, if it needs to be. We both plan to live in my hometown in the USA eventually. But for now I guess it's technically wrong since it says he's from the USA.

What is says exactly is: "Mr. (his name) of (my hometown, USA) and Mrs. (my name) of (my hometown, USA)"


If it is just were he was living at at the time the marriage license application was completed it is not a problem. My wife is listed as being from our city which is correct as she was considered a resident of that city and not her home country. I did ask about this at time of the appication just to be sure it was correct.


Good luck,

Dave
Dave&RozaMaleKazakhstan2013-03-06 09:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS - filed for tax return extension - will that cause a problem?

First, I comfortably meet the income requirement.  I have been a public school teacher for over 10 years so have my employment letter, paystubs, excellent job security.  I have my tax documents for 2011 and previous years.  

 

BUT I had to file for an extension for 2012.  I will get a refund so the extension was no problem as far as the IRS is concerned.  But I got my NOA2 on April 25th and am now moving to the NVC stage.  WIll I be able to move forward or will the NVC not accept the extension that I filed with the IRS and require that I include my 2012 return?  [The reason i needed to file for the return is to get my husband a tax-payer id number.]

 

Immigration is one government agency and the IRS is another.  The USCIS is using the fact that USCs and LPRs are required to file a tax return every year on all world-wide income.  Now the IRS does allow you to file an extension before April 15th.  Will the USCIS accept this?  Who knows.  It depends on the person that gets your file.  If you get an RFE for the 2012 tax return, you have two options: 1) file the return and include a copy of it with the RFE reply, or 2) copy the extension form you submitted to the IRS and hope it is accepted.  This is what happens when one government agency uses another's requirements for requesting information.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-04-28 17:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFilling fee for K3 for a spouse.,

Time Line: For a Friend of Mine. 

US citizen.  Married to my sweetheart in Nigeria

Filed the I-30 for spouse who is in Nigeria. (Married)

April 29th Receipt arrived.

Filed up form for I-129F --K3 confused on the fee.

Can someone explain this to me please

 

"The filing fee for a Form I-129F is
$340.
What Is the Filing Fee
There is no fee for Form I-129F petitions for K-3 (non-immigrant)."
Does this no fee apply to me:  Please help clarify.
 
Thanks all.

 

 

 

File the I-129F for a FINACE(E) visa.  File the 1-130 for a SPOUSAL visa.  Do not file a K-3 visa as it is basically dead and a waste of time and money 

 

So your friend should file for a spousal visa using the I-130 form like he did.  Information about that process can be found here on VJ using the Guides.

 

Dave


Edited by Dave&Roza, 13 May 2013 - 04:15 PM.

Dave&RozaMaleKazakhstan2013-05-13 16:13:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsMailing to fiancé in Russia

Hi, anyone have experience mailing documents to Russia? I'll have to sen my noa2 step 2 soon. I have mailed things before through USPS and while it's fine leaving the country, it isn't very reliable on their end. Ups is extremely expensive. It would have been $300 to ship my gift to her. And I hear dhl in this area is closed. sad.png anyone help?

 

You are faced with the age old problem that if it is cheap it may not arrive and to guarantee that it arrives costs some coin.  I sent the documents to my then fiancée via FedEx at the cost of $100 each way.  I sent a small gift to the tune of $300.  Do you want it to pass customs?  This process is expensive and you need to decide what's important.  For a few hundred dollars more, you could fly to Russia and deliver the package in person with the added benefit of seeing her again.  Airfare to Kazakhstan is around $2,200, so I opted for FedEx at $100.  Just remember that the adjustment of status (AOS) is $1070 after you get married in the US--to put things into perspective.

 

Good luck,

 

Dave


Dave&RozaMaleKazakhstan2013-12-17 00:24:00