Can my wife stay here?

[Suss&Camm 2,213]

2 minutes ago, NYCruiser said:

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? 

They would all be staying in the US.

[NikLR 13,220]

Said we "plan" on filing AOS immediately which I thought it said we "planned"

[Ning 619]

7 hours ago, myheart0628 said:

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.

 

This is exactly what my husband did during the two years he worked in S Arabia. 

[alicia98981 128]

The New York Times reported a few days ago that that it would become more difficult to adjust status in the US as a result of new legislation passed down by the Secretary of State:

https://mobile.nytimes.com/2017/09/18/us/politics/us-visa-rules-tillerson.html?referer=https://www.google.com/

 

if that’s something you want to to do I suggest you get on immediately.

 

[OlayemiLoray 172]

12 hours ago, Meg&Andrew said:

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

Yes, I must have too because I promise I read it like 4 times and still couldn't find that part in his post..

 Just glad OP and family are able to stay in the U.S. as long as he follows advice given here...

[Suss&Camm 2,213]

54 minutes ago, alicia98981 said:

The New York Times reported a few days ago that that it would become more difficult to adjust status in the US as a result of new legislation passed down by the Secretary of State:

https://mobile.nytimes.com/2017/09/18/us/politics/us-visa-rules-tillerson.html?referer=https://www.google.com/

 

if that’s something you want to to do I suggest you get on immediately.

 

Does not apply to people from VWP countries.

[Happyfamily03 29]

17 hours ago, Earth at Four said:

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. 

 

I myself have been living outside US since 2012 and i can assure you that as USC you need to file taxes, be in state tax or federal tax or whatever the law requires. 

 

With regards to the filing I-130 while wife in US maybe best to check with the experts as well.

[Suss&Camm 2,213]

35 minutes ago, Happyfamily03 said:

I myself have been living outside US since 2012 and i can assure you that as USC you need to file taxes, be in state tax or federal tax or whatever the law requires. 

 

With regards to the filing I-130 while wife in US maybe best to check with the experts as well.

The law says they can file. 

Edited September 22, 2017 by Suss&Camm

[Nitas_man 3,100]

18 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 haven't earned money in the US for years but always file taxes.  It's a requirement. Where you're going to run into serious trouble (this is your personal USC trouble, not your beneficiary) is if you've had an overseas bank account with a balance greater than $10k at any time during any of those tax years and not filed FBAR.  It's like holy %$@%$ level of trouble.  It's so bad I won't even open a bank account of any kind outside the US.

 

Here's a summary of how bad it is.

 

https://www.bing.com/search?q=reporting+overseas+bank+accounts&FORM=EDGENA

 

But: this is not a tax discussion.  I believe you can go ahead and adjust status - and probably be OK - but you really need to get 3 years of taxes prepared STAT before you file.

[Nitas_man 3,100]

7 hours ago, Ning said:

This is exactly what my husband did during the two years he worked in S Arabia. 

Hey - you guys lived in RT didnt you?

[Ning 619]

4 hours ago, Nitas_man said:

Hey - you guys lived in RT didnt you?

KKMC was his location.