Can my wife stay here?

[Suss&Camm 2,213]

The EAD/AP forms are free when filed with the i485... so the fees you'd pay are $1225 (i485 + biometrics fee) and $535 filing fee for i130 (i130a also needs to be filled out with the i130, forgot about that one).

Edited September 21, 2017 by Suss&Camm

[Coco8 1,039]

You are looking at a long timeline for a green card since you have nothing prepared and you are going to get a RFE for your taxes (and maybe something else). It is unfortunate you didn't prioritize this because your wife's visa waiver allows her to stay for 9 more days. Be advised that you MUST file for her as soon as possible. If she goes past Sept 29 and for some reason you decide not to file (because you are bad with papers), she will not be able to use VWP again. That means that if you have to file a spousal visa while she is back in Austria, she won't be able to come back to the US for 14 months (basically until she gets the spousal visa).

 

All this is very serious and you have to think of your wife. I get that moving is hard, but you say you've been in the US for like 9 months. And I'm guessing your wife has been in the US for almost 3 months already. You need to prioritize your wife's wellbeing. 

Edited September 21, 2017 by Coco8

[NikLR 13,220]

Obviously she lied at POE since adjusting status was her intent.  Suggest you don't babble about that one. 

Get your taxes done asap so you can file the AOS paperwork.  She should not leave but be careful after her 90 days have ended until she has her i-485 NOA1. 

[Meg&Andrew 297]

38 minutes ago, NikLR said:

Obviously she lied at POE since adjusting status was her intent.  Suggest you don't babble about that one. 

Get your taxes done asap so you can file the AOS paperwork.  She should not leave but be careful after her 90 days have ended until she has her i-485 NOA1. 

I must've missed where he said she came with the intent to stay? 

[Earth at Four 3]

Indeed, we weren't at all sure what our plans were when she arrived. 

[Earth at Four 3]

Thanks to all for the comments. 

[Dashinka 23,245]

26 minutes ago, Meg&Andrew said:

I must've missed where he said she came with the intent to stay? 

Actually, that is a good question.  Does she have the ability to stay?  Is there anything that she may need to go back to Austria for such as a job, or closing up the old home, etc before the 90-120 days it may take for the AP to be approved.  I would think she could leave while everything is processing and possibly comeback on a visitor visa/VWP, but that may be more difficult if she overstays the current visa.

[Jeanne Adil 1,651]

file required taxes as you are liabible for them even working outside the US but use the foreign earned income to adjust

this explains it

 

There are basically two methods by which you can reduce your US tax by a substantial amount. These are the "Foreign Earned Income Exclusion" and the "Foreign Tax Credit." However, neither of these methods excuses you from filing if your income was above the filing threshold.

The Foreign Earned Income Exclusion (FEIE, using IRS Form 2555) allows you to exclude a certain amount of your EARNED income from US tax. For tax year 2016 (filing in 2017) this exclusion was $101,300. What this means is that if, for example, you earned $115,000 in 2014, you can subtract $101,300 from that leaving $13,700 as taxable by the US. But beware: this $13,700 is taxable at tax rates applying to $115,000 (the so-called "stacking rule"). The exclusion applies only to earned income. Other income, such as pensions, interest, dividends, capital gains, etc., cannot be excluded with the FEIE. You are liable for full US tax on this type of income.

and as others said our wife does not have to leave / file the needed forms to USCIS to AOS

 

[Suss&Camm 2,213]

1 hour ago, adil-rafa said:

and as others said our wife does not have to leave / file the needed forms to USCIS to AOS

 

uh-oh... 

[Umka36 781]

3 hours ago, Suss&Camm said:

The EAD/AP forms are free when filed with the i485... so the fees you'd pay are $1225 (i485 + biometrics fee) and $535 filing fee for i130 (i130a also needs to be filled out with the i130, forgot about that one).

 

What about the medical as well?

[pushbrk 12,110]

4 hours ago, Earth at Four said:

So when the USCIS replies with a confirmation that they have received our application for an I-130, that definitely does not constitute permission to stay in the USA, right? 

Not exactly.  When you do a concurrent filing of I-130 and I-485, and the process is complete, the overstay will simply be forgiven.  Your wife needs to stay in the USA until process complete or she has advance parole.  That's what the I-131 is for.

 

Note those are the primary not only forms you file.  You'll need to file back tax returns but unless you made six figures abroad, you are unlikely to owe any taxes.

[myheart0628 30]

6 hours ago, Earth at Four said:

My wife is Austrian. We've been married since 2003. She lived with me in Boston for two years, 2004-6. She had a green card from December 2004 to May 2006, but it expired, as we didn't return to the USA until 2010. Our daughter was born in Vienna in 2008 and has US citizenship. 

 

She came with our daughter this year, on July 1, with a 90-visitor visa. It's expiring on September 29. 

 

We plan to file an I-130 (petition for alien relative) and an I-485 (adjustment of status) immediately, in order to get permanent residence, but I'm afraid it may be too late, and that my wife and daughter may have to return to Austria for some months. 

 

I'd been incredibly busy with moving to a new place, finding lodgings, buying a car, registering it, starting a new job, etc., and I'm terrible at paperwork, so I put this off until now. 

 

Also, I don't have US tax returns, which are requested on the Affidavit of Support, because I have only filed taxes in Austria since 2007. I plan to contact a tax lawyer immediately and move on that, and include a note to the affidavit saying we're moving on that. 

So that's where we're at. Thanks for any thoughts you might have.

I am not sure of your entire timeline, but as long as you had a foreign income and spent at least 330 days of a year outside of the U.S. , you are not required to pay taxes on the first $101,000 of your income. This is if you can prove a bonafide stay and physical presence in the country through the FEIE. Your tax lawyer should be able to help with that.

 

Edited September 21, 2017 by myheart0628

[Suss&Camm 2,213]

1 hour ago, Umka36 said:

 

What about the medical as well?

Yes they will need it also, but it's not required until the interview so they don't have to rustle it up in order to file. But good point - eventually they'll need the i693 medical, which is also another cost.

[NYCruiser 423]

7 hours ago, Earth at Four said:

My wife is Austrian. We've been married since 2003. She lived with me in Boston for two years, 2004-6. She had a green card from December 2004 to May 2006, but it expired, as we didn't return to the USA until 2010. Our daughter was born in Vienna in 2008 and has US citizenship. 

 

She came with our daughter this year, on July 1, with a 90-visitor visa. It's expiring on September 29. 

 

We plan to file an I-130 (petition for alien relative) and an I-485 (adjustment of status) immediately, in order to get permanent residence, but I'm afraid it may be too late, and that my wife and daughter may have to return to Austria for some months. 

 

I'd been incredibly busy with moving to a new place, finding lodgings, buying a car, registering it, starting a new job, etc., and I'm terrible at paperwork, so I put this off until now. 

 

Also, I don't have US tax returns, which are requested on the Affidavit of Support, because I have only filed taxes in Austria since 2007. I plan to contact a tax lawyer immediately and move on that, and include a note to the affidavit saying we're moving on that. 

So that's where we're at. Thanks for any thoughts you might have.

The IRS 'thing' is a big issue. Basically as a USC, you have to file taxes on overseas income. That might be a lot of money since 2007. Yes I would consult with a US Tax Accountant ASAP. 

Filing for your wife for a I-130 is about over a year I think. Where would your daughter be staying? With you or her? Schooling issues? 

You mention paperwork? Tax accountants could do that for you? An Immigration Lawyer could do the I-130 for you, though not necessary if you follow VJ?

[NYCruiser 423]

5 hours ago, Earth at Four said:

Cheers. The 2010 visit to the USA was only that, a visit. We all lived together in Austria until January 6 of this year, when I moved alone to Virginia. I didn't file US taxes because I didn't earn money in the USA. 

I think US Taxation Law requires you to file for any earnings/investments outside the US too