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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

Jmaster911
I've been reading up what happens next in our journey to the states and I read that packet 3 will include

a) DS-230 Part 1
cool.gif I-864

I am organising getting the I-864 filled out by my spouse and her father who will be co sponsoring me but I can't find the DS-230. Is this available so that I can start getting a jump on the paperwork?

Thanks
RandyandRina
Click on this link.

Affidavit of Support Processing - [I-864]
Applicant Document Processing- [DS230]

I-864 and DS230
YuAndDan
Two BIG warnings about the I-864:
  • Domicile is an absolute requirement for the I-864, and you MUST provide an I-864 for an Immigrant CR-1 visa. So yes it is crucial that you show that you maintained domicile, or are in the process of re-establishing domicile.
  • IRS returns must be filed by the US citizen even when living abroad, the US citizen may be exempt from paying tax on foreign income, but is not exempt from filing an annual IRS return.

BOTH are requirements for the US citizen to be able to file the I-864. (This tends to be something that hangs many DCF petitioners)

Some reading to do:
http://newdelhi.usembassy.gov/domicile.html
http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html
http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

You can find DS-230 here: http://www.state.gov/documents/organization/81807.pdf
Jmaster911
QUOTE(YuAndDan @ Sep 20 2007, 09:29 PM) *
Two BIG warnings about the I-864:
  • Domicile is an absolute requirement for the I-864, and you MUST provide an I-864 for an Immigrant CR-1 visa. So yes it is crucial that you show that you maintained domicile, or are in the process of re-establishing domicile.
  • IRS returns must be filed by the US citizen even when living abroad, the US citizen may be exempt from paying tax on foreign income, but is not exempt from filing an annual IRS return.
BOTH are requirements for the US citizen to be able to file the I-864. (This tends to be something that hangs many DCF petitioners)

Some reading to do:
http://newdelhi.usembassy.gov/domicile.html
http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html
http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

You can find DS-230 here: http://www.state.gov/documents/organization/81807.pdf


Thanks, my wife (USC) has just received her tax transcripts and has US banks accounts/Credit Cards open and active. The only problem I worry about is that the tax returns were filled in her maiden name AND she filled the last return as Single and not Married, not sure if they will pick up on that or if it will matter, views ???
MargotDarko
QUOTE(Jmaster911 @ Sep 20 2007, 09:52 PM) *
QUOTE(YuAndDan @ Sep 20 2007, 09:29 PM) *
Two BIG warnings about the I-864:
  • Domicile is an absolute requirement for the I-864, and you MUST provide an I-864 for an Immigrant CR-1 visa. So yes it is crucial that you show that you maintained domicile, or are in the process of re-establishing domicile.
  • IRS returns must be filed by the US citizen even when living abroad, the US citizen may be exempt from paying tax on foreign income, but is not exempt from filing an annual IRS return.
BOTH are requirements for the US citizen to be able to file the I-864. (This tends to be something that hangs many DCF petitioners)

Some reading to do:
http://newdelhi.usembassy.gov/domicile.html
http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html
http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

You can find DS-230 here: http://www.state.gov/documents/organization/81807.pdf


Thanks, my wife (USC) has just received her tax transcripts and has US banks accounts/Credit Cards open and active. The only problem I worry about is that the tax returns were filled in her maiden name AND she filled the last return as Single and not Married, not sure if they will pick up on that or if it will matter, views ???


You were married before 31 December 2006, right? Then yes, it is a problem that she filed as single. The maiden part isn't a problem at all though. I would have her contact the IRS part of the US embassy in London and get advice on how to amend her 2006 return to reflect her married status.

QUOTE(RandyandRina @ Sep 20 2007, 09:22 PM) *
Click on this link.

Affidavit of Support Processing - [I-864]
Applicant Document Processing- [DS230]

I-864 and DS230


This is the Direct Consular Filing folder. NVC has nothing to do with this process.
daisylynn
Speaking of filing single. I think I messed up on mine. Maybe I filled in the wrong form? I filled out the 1040EZ. That's what I've always done so I, without thinking, filled out that one. But I've gone back and looked and I don't think that was the right now.

Does anyone know what we should fill out if we are living outside of the US and are married and made $0?

Thanks!
whattodo
QUOTE(daisylynn @ Sep 23 2007, 03:00 AM) *
Speaking of filing single. I think I messed up on mine. Maybe I filled in the wrong form? I filled out the 1040EZ. That's what I've always done so I, without thinking, filled out that one. But I've gone back and looked and I don't think that was the right now.

Does anyone know what we should fill out if we are living outside of the US and are married and made $0?

Thanks!


If your income was really $0 from all sources, you are not required to file. This is not a question of living in the US or abroad, but a question of minimum filing requirements for all US citizens.

From Publication 54 of the IRS, Tax Guide for U.S. Citizens and Resident Aliens Abroad at www.irs.gov/publications/p54/ch01.html#d0e466 :

Filing Requirements

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and for paying estimated tax are generally the same whether you are in the United States or abroad.

Your income, filing status, and age generally determine whether you must file an income tax return. Generally, you must file a return for 2006 if your gross income from worldwide sources is at least the amount shown for your filing status in the following table.
Filing Status* Amount
Single $8,450
65 or older $9,700
Head of household $10,850
65 or older $12,100
Qualifying widow(er) $13,600
65 or older $14,600
Married filing jointly $16,900
Not living with spouse at end of year $3,300
One spouse 65 or older $17,900
Both spouses 65 or older $18,900
Married filing separately $3,300

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

Gross income. This includes all income you receive in the form of money, goods, property, and services that is not exempt from tax.

For purposes of determining whether you must file a return, gross income includes any income that you can exclude as foreign earned income or as a foreign housing amount.

If you are self-employed, your gross income includes the amount on line 7 of Schedule C (Form 1040), Profit or Loss From Business, or line 1 of Schedule C-EZ (Form 1040), Net Profit From Business.
Self-employed individuals. If your net earnings from self-employment are $400 or more, you must file a return even if your gross income is below the amount listed for your filing status in the table shown earlier. Net earnings from self-employment are defined in Publication 334, Tax Guide for Small Business.
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