Don't know what to do about AOS

[Adet 0]

Hi all

I am Nigerian but my husband is an American citizen who has been living with me in Nigeria since we got married about 19months ago.We now have a daughter who is about a year.My husband filed the I-130 for us in Oct 2009 and it was approved recently and we were advised to pay the $70 for AOS which we did.But considering the fact that my hubby has been in Nigeria for the past 3yrs and hasn't been filing his tax return,we are at a loss as to how to complete the AOS.Kindly advice us on the way forward

[Bobby+Umit 161]

Hi all

I am Nigerian but my husband is an American citizen who has been living with me in Nigeria since we got married about 19months ago.We now have a daughter who is about a year.My husband filed the I-130 for us in Oct 2009 and it was approved recently and we were advised to pay the $70 for AOS which we did.But considering the fact that my hubby has been in Nigeria for the past 3yrs and hasn't been filing his tax return,we are at a loss as to how to complete the AOS.Kindly advice us on the way forward

He will need to file his taxes or give a good reason (that the IRS accepts) before they will process the AOS.

Also - did you file for USC for your child?

You will probably need a co-sponsor in the US, since you probably haven't established US domicile.

[Adet 0]

What kind of reason can he give?He filed for our daughter too.

His parents are domiciled in the US and they are ready to sponsor us too

Just so i understand you,What is USC?

[DanielParul 50]

United States Citizen

[trailmix 77]

Hi Adet,

First thing to do is read all the instructions on the I-864.

The only reason he wouldn't have to file taxes is if he made under the cut off amount for each year. So it all depends on if he had any income, is he working?

USC = U.S. Citizen.

You should file a report of birth abroad for your Daughter, if you have not done so already. This can be done at the nearest U.S. consulate/embassy.

[NigeriaorBust 4,087]

If your inlaws are US citizens or permanent residents and make enough money then they can cosponsor you . Your child is a USC by birth and you can register that at the Abuja or Lagos locations. Is your husband making enough money that he needs to report it or is it all exempt for US taxation ? If so then he needs to write a statement to that effect and send it. If you want it notarized you can also get that done at Abuja or Lagos.

[Adet 0]

Thank you so much this has been very helpful.We don't have the AOS at hand right now cos we paid the $70 dollars early March and we are still waiting for the AOS by mail.My husband intends to go back to the US in June though so as to accelerate the whole process.His parents are US citizens.

My husband is a Nigerian trained lawyer,he isn't making so much.

[trailmix 77]

Thank you so much this has been very helpful.We don't have the AOS at hand right now cos we paid the $70 dollars early March and we are still waiting for the AOS by mail.My husband intends to go back to the US in June though so as to accelerate the whole process.His parents are US citizens.

My husband is a Nigerian trained lawyer,he isn't making so much.

No need to wait for mail, you can open and print the form right off the USCIS website here.

[Adet 0]

Thanks,i just stumbled on a piece of information.'Intent on establishing domicile'.My husband intend to go back to the US next month, how will he proof that he intends to establish domicile in the US?Then can we still use the tax return he filed in 2008 and the ones before even though his father will co sponsor my daughter and i?