Any problems filing AOS for future wife (just found she is pregnant)?

[genetrust 0]

I just came to the USA with my Finnish girlfriend (both of us were living continuously in Cambodia for the past year doing business, I lived there for the past 4 years).

We came on the 23rd of Dec, and I just found out yesterday that she is pregnant... almost 4 months now according to the doctor... this is strange as she has had her periods, and it wasn't until she starting feeling wierd and showing that we realized something was wrong and got the pregnancy test.

She came to the US on the VWP, before we knew about the pregnancy. It was probably the flight that triggered the feelings that led to the discovery.

Anyways, we now want to stay in the US. I can't believe all this BS that the immigration puts you through for something that should be simple.

Finland has a hell of alot more to offer her than the US, we only want to stay here because I already own a home and was planning to work here in the US to take care of the baby...

Her staying in Finland until all the paperwork is processed is stupid and is not an option, ecspecially now that we know she is pregnant.

I have to get to work to pay bills and don't have the time to learn Finnish to work there, so going there is not an option.

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

We need to get back to Finland to have the baby in June 09, as the USA has no damn healthcare system, and Finland is pretty much free, so the Advanced Parole looks like something we need. We plan on coming back within a month or so after the delivery, with the baby, of course.

What can I expect from immigration on a case like this? I mean, we came here with no intent to marry, only to spend Christmas, New Years, my dad's birthday and my best friend's wedding next month, then go on our way...

Now with the baby, I need to work, there is no way we are going back to Cambodia or wait for months or years in Finland while they poke around with the case...

I am planning just to go to Vegas after New Years and get married and submit the AOS paperwork...

Any input would be appreciated

Thx,

Gene

[john_and_marlene 162]

The only problem I see is that you have not been filing taxes. You have to file taxes even if you are not living/working in the U.S. Depending on the amount of income, you may be able to exclude most or all of it because it was from outside the U.S., but you still have to file. You will need to bring your tax returns up to date.

[jula 0]

Hi Gene and congrats on a baby...

Well, I understand you but I have to say that you can't expect everything and everybody to adjust to your personal circumstences. Take the facts and you'll be able to explore possibilities... And lose the attitude. It wan't help when it comes to dealing with immigration.

You have 2 options.

1. to get married, start the petition for your wife to adjust status (AOS) in the USA. Problem: she plans to travel to Finland.

If she leaves without a proper authorisation called Advanced Parole, the petition will be considered abandoned. If you file in January, it is unlikely that she will receive it by March (when is the lates date she can travel as a pregnant women). If the petition is abandoned and she leaves after her authorised stay (90 days from entry?), she will overstay, and that may be held against her when she want's to return.

You may explore possibilities to have a baby in the USA insted.

2. get married, file for an immigrant visa immediately but to be processed in Finland. She leaves before I-94w expires, gives birth and waits in her home country to get a proper immigrant visa. Even if that means you guys will be separated for a while...

Just calm down... and it will work out somehow

Edited December 30, 2008 by jula

[rmncm 0]

Having a baby abroad has some other issues you need to consider. The baby will be a US citizen based on your citizenship but it can take several months to get a passport for the baby so the baby came come into the US. Also the consulate can request a dna test to verify that you are in fact the father of the baby adding a few more months to the process. Your best bet would be to suck it up and and resign your self to the fact that you need to get married here, file your AOS and have the baby here. Hard choices to make but you need to do whats best for you guys.

[Mint518 0]

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction. You might want to check whether your house is a quafilied asset for purpose of poverty line test. Also, assuming you had some income in Cambodia, you may want to find accountants who have experience in "foreign earned income exclusion" and/or "foreign tax credit" as you need to file tax returns for the last 3 years.

"How Can I Use Assets to Qualify? -- Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and

converted to cash within one year without undue harm

to the sponsor or his or her family members."

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so,

you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support

. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach awritten explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return.

See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

[Old Dominion 26]

Advice: Get married and then file the AOS along with her work permit and also AP. The AP will allow her to travel to Finland to give birth, and re-enter the U.S. while the AOS process is under way. Without recent tax records and American bank statements (both) to verify your ability to support her and the baby, you should find a cosponsor and that will alleviate any worry on your part. Or, perhaps you have investment income equal to $17,500 a year?

Meanwhile, get your act together with the IRS -- you should have been filing tax returns all that time, even though you would have paid no taxes on overseas income.

Good luck! It will be easier than you think, I hope. Don't fault the USCIS too much -- it is a victim of U.S. politics.

[Mint518 0]

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction. You might want to check whether your house is a quafilied asset for purpose of poverty line test. Also, assuming you had some income in Cambodia, you may want to find accountants who have experience in "foreign earned income exclusion" and/or "foreign tax credit" as you need to file tax returns for the last 3 years.

On the second thought, I think there is no doubt that you can use your house to supplement your income, and it is a matter of supporting documents (how to prove the market value and how to prove the house can be sold within one year, if needed). --- But it would be easier to get a co-sponsor, instead.

Also, I forgot to mention that "foreign earned income exclusion" and/or "foreign tax credit" are relevant only if you paid income taxes in Cambodia. If you did not pay taxes while in Cambodia, experience/knowledge in "foreign earned income exclusion" and/or "foreign tax credit" is not be necessary in preparing your tax return.

[Eric-Pris 1,609]

We need to get back to Finland to have the baby in June 09, as the USA has no damn healthcare system, and Finland is pretty much free, so the Advanced Parole looks like something we need. We plan on coming back within a month or so after the delivery, with the baby, of course.

2 round-trip plane tickets to Finland will cost less than the fees to have a baby in the US, but what about all the time you waste and the hassle of having to get the baby registered with the US embassy abroad and get them to issue a passport. Isn't it a lot of headaches to save a few bucks?

[pushbrk 13,803]

We need to get back to Finland to have the baby in June 09, as the USA has no damn healthcare system, and Finland is pretty much free, so the Advanced Parole looks like something we need. We plan on coming back within a month or so after the delivery, with the baby, of course.

2 round-trip plane tickets to Finland will cost less than the fees to have a baby in the US, but what about all the time you waste and the hassle of having to get the baby registered with the US embassy abroad and get them to issue a passport. Isn't it a lot of headaches to save a few bucks?

From the OP's descrition of their circumstances, I agree that a rapid marriage and AOS filing is the best solution. Nobody has mentioned emergency AP but I don't see a problem obtaining it once the NOA1 (receipt) is in hand for the I-130 and I-485. When you weigh all the costs, you may find that using our excellent non-socialized healthcare system will be more convenient and economical than travel cost and lost income going to Finland but both are definite options, IMO. The further complication, not yet mentioned is that the timing could work against you in that the AOS interview could be scheduled while she's in Finland. Not attending the interview can get the underlying case denied, requiring her to stay in Finland. USCIS is terrible about rescheduling interviews. This is a common thorn.

You'll want as much documentation as possible that you learned of the pregnancy after your US arrival, as you'r marriage is likely to be very soon after arrival.

[genetrust 0]

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction. You might want to check whether your house is a quafilied asset for purpose of poverty line test. Also, assuming you had some income in Cambodia, you may want to find accountants who have experience in "foreign earned income exclusion" and/or "foreign tax credit" as you need to file tax returns for the last 3 years.

"How Can I Use Assets to Qualify? -- Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and

converted to cash within one year without undue harm

to the sponsor or his or her family members."

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so,

you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support

. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach awritten explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return.

See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

I have another property that I can rent now that makes aprox. 1500/mo income, and my father could joint sponsor, he already agreed, his retirement income is over 7500/mo.... I'll late file the taxes, it's not that hard to enter 0 for everything.

No, I had no overseas income. That was a total loss.

Income tax in Cambodia, hahahaha, that was a joke right? There is no such thing, it's what you pay-off to the police/government. you report 10X the amount of course, and they give you the docs.

I don't have an attitude, well maybe a bit, I have finished this process before. It is frustrating. I actually got the IR1 visa and cancelled it before my ex could use it... the paperwork is stuck in Cambodia to this date... which will cause even more problems... (they may have lost it!)

The embassy says it is in transfer... for 7 months... I've been divorced for that time (to a Cambodian girl -- never marry one ).

Divorce certificate is the same as the Marriage certificate, it was 80bux and 15 minutes to get it. But now im in the US...

I am going to see an immigration lawyer today... see what he says... I don't want to have to file for divorce in california and wait 6 months because the embassy has lost my divorce paperwork, but that is yet another possibility.

I DO have the original stamped and sealed document from the embassy, signed by the counselor, that dates when I dropped the documents off... that might be helpful.

2 round trip tickets to Finland = free (120,000 points on skymiles)

It would be 10,000US+ to have the baby here... in Finland it is 280EU and they pay her for up to a year if she is not working, while she is taking care of the baby, plus her family has a house there...

After just having a baby I doubt many would want to be separated from their spouse, really good of our country to take care of its citizens...

DNA test... oh that is nice, they treat everyone like a Jerry Springer trailer trash.

We've been working together for a year, and I can definitely prove that. Just didn't expect a baby this soon, we were planning on saving some money first and starting another business overseas... not going to happen now.

So this is what am I looking at:

Get married in Vegas

Trying to get the AOS right away and arguing about where my ex's lost paperwork is -- which will delay everything.

File for divorce in California in the case they can't find the paperwork. (this takes 6 mo maximum -- I am sending summons today to Cambodia)

Even if I do that, I will probably have to stay in the states so we can get the interview in a timely manner.

Doing this I will have to have the baby here, which will cost alot of money, but at least we get to stay together, hopefully.

By some remote chance we may get the AP and a later interview date, or earlier so we can have the baby in Finland (unlikely).

The embassy cleared me, they know I am divorced, and I have copies of the email communications, as far as they are concerned I am single and free to marry who I want, they told me to contact the USCIS to get it cleared on this end, but this end has no paperwork, it's a runaround... The embassy took all my original docs when I cancelled the IR1 visa, and was supposed to forward them to the USCIS... 7 months ago.

or

Get married in Vegas

Well, I don't know what comes after, I don't want to have to go ealier than necessary back to Finland, but we would have to get her more time, another 3 months, maybe travel to Canada or Mexico and get another VWP entry for 90 days...

Then leave to Finland, have the baby and finish the paperwork there, which would take who knows how long...

It took over 2 years from the time I filed the I-130 to the time I got the IR1 visa for my Cambodian ex-wife. Thats why she got the IR1 visa, otherwise it would have been the CR1.

Anyways, thanks for the input.. I gotta run to the lawyer, I'll let you know what he thinks later... probably just tell me everything is fine and ask for money... I know this is going to be difficult...

Thanks,

Gene

[pushbrk 13,803]

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction. You might want to check whether your house is a quafilied asset for purpose of poverty line test. Also, assuming you had some income in Cambodia, you may want to find accountants who have experience in "foreign earned income exclusion" and/or "foreign tax credit" as you need to file tax returns for the last 3 years.

"How Can I Use Assets to Qualify? -- Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and

converted to cash within one year without undue harm

to the sponsor or his or her family members."

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so,

you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support

. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach awritten explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return.

See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

I have another property that I can rent now that makes aprox. 1500/mo income, and my father could joint sponsor, he already agreed, his retirement income is over 7500/mo.... I'll late file the taxes, it's not that hard to enter 0 for everything.

No, I had no overseas income. That was a total loss.

Income tax in Cambodia, hahahaha, that was a joke right? There is no such thing, it's what you pay-off to the police/government. you report 10X the amount of course, and they give you the docs.

I don't have an attitude, well maybe a bit, I have finished this process before. It is frustrating. I actually got the IR1 visa and cancelled it before my ex could use it... the paperwork is stuck in Cambodia to this date... which will cause even more problems... (they may have lost it!)

The embassy says it is in transfer... for 7 months... I've been divorced for that time (to a Cambodian girl -- never marry one ).

Divorce certificate is the same as the Marriage certificate, it was 80bux and 15 minutes to get it. But now im in the US...

I am going to see an immigration lawyer today... see what he says... I don't want to have to file for divorce in california and wait 6 months because the embassy has lost my divorce paperwork, but that is yet another possibility.

I DO have the original stamped and sealed document from the embassy, signed by the counselor, that dates when I dropped the documents off... that might be helpful.

2 round trip tickets to Finland = free (120,000 points on skymiles)

It would be 10,000US+ to have the baby here... in Finland it is 280EU and they pay her for up to a year if she is not working, while she is taking care of the baby, plus her family has a house there...

After just having a baby I doubt many would want to be separated from their spouse, really good of our country to take care of its citizens...

DNA test... oh that is nice, they treat everyone like a Jerry Springer trailer trash.

We've been working together for a year, and I can definitely prove that. Just didn't expect a baby this soon, we were planning on saving some money first and starting another business overseas... not going to happen now.

So this is what am I looking at:

Get married in Vegas

Trying to get the AOS right away and arguing about where my ex's lost paperwork is -- which will delay everything.

File for divorce in California in the case they can't find the paperwork. (this takes 6 mo maximum -- I am sending summons today to Cambodia)

Even if I do that, I will probably have to stay in the states so we can get the interview in a timely manner.

Doing this I will have to have the baby here, which will cost alot of money, but at least we get to stay together, hopefully.

By some remote chance we may get the AP and a later interview date, or earlier so we can have the baby in Finland (unlikely).

The embassy cleared me, they know I am divorced, and I have copies of the email communications, as far as they are concerned I am single and free to marry who I want, they told me to contact the USCIS to get it cleared on this end, but this end has no paperwork, it's a runaround... The embassy took all my original docs when I cancelled the IR1 visa, and was supposed to forward them to the USCIS... 7 months ago.

or

Get married in Vegas

Well, I don't know what comes after, I don't want to have to go ealier than necessary back to Finland, but we would have to get her more time, another 3 months, maybe travel to Canada or Mexico and get another VWP entry for 90 days...

Then leave to Finland, have the baby and finish the paperwork there, which would take who knows how long...

It took over 2 years from the time I filed the I-130 to the time I got the IR1 visa for my Cambodian ex-wife. Thats why she got the IR1 visa, otherwise it would have been the CR1.

Anyways, thanks for the input.. I gotta run to the lawyer, I'll let you know what he thinks later... probably just tell me everything is fine and ask for money... I know this is going to be difficult...

Thanks,

Gene

Until you can include an actual divorce decree with an I-130 filing, absolutely no progress will be made toward this immigration process.

[aravis227 1]

(to a Cambodian girl -- never marry one ).

That was completely unnecessary.

[Mint518 0]

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction....

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so,

you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support

.

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach awritten explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return.

See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

I have another property that I can rent now that makes aprox. 1500/mo income, and my father could joint sponsor, he already agreed, his retirement income is over 7500/mo.... I'll late file the taxes, it's not that hard to enter 0 for everything.

No, I had no overseas income. That was a total loss.

If you did not have any income (US and overseas), it is not necessary to file tax return with IRS (sorry - since you noted you have an asset with a value of over $500K, I assumed you worked even overseas) All you need to do is to explain in a separate sheet (dated and signed) that you did not file tax return for the last 3 years because you did not have income, and attach it to the Form I-864.

[wackodacko 0]

Hi Gene,

If in California, they have something called MEDI-CAL. All pregnant women are entitled, regardless of their immigration status (you dont even need a social security number) As long as you're pregnant, and have low or no income, they take care of the expenses. My friend's nanny was an illegal alien and got pregnant and used MEDI-CAL to deliver her baby at a reputable hospital and they covered everything. In case you cant get back to Finland before your wife can fly, then perhaps you can use the Cali system.

Also, yes, its NOT NECESSARY to file a tax return if you're unemployed and had zero income worldwide. My accountant confirmed this, as I have been living overseas and unemployed (just a "housewife" technically hahaha) for the past 4 years. You do not need to file "0".

Edited December 31, 2008 by wackodacko

[Dakine 26]

"Until you can include an actual divorce decree with an I-130 filing, absolutely no progress will be made toward this immigration process.''

You have to be free and clear to marry to FILE!! I imagine also to marry even in Las Vegas!