K-1, income taxes, expedite request

[Josh_Beck 0]

Hi,

I lived and worked full time in Holland for the past five years. During this time period i paid Dutch income taxes but did not file in the US. I returned to the US in August '09 and after looking for work for several months I decided to open my own office. Business wise things are happening very slowly and with little financial return at this point.

My fiance 'moved' with me from Holland to the US (she is Portuguese). She lived with me in the US utilizing the VWP for three consecutive periods of 89 days with one week breaks between each entry. On her fourth entry to the US she was denied entry. The officer said she had not done anything wrong but that she was abusing the VWP and needed a different visa to 'live' in the US. She now has 212 (a)(7)(A)(i)(I) written in her passport. (she is not banned)

I filed for a K-1 in May this year after her denied entry. I applied for expedited processing due to my mom having advanced stage Alzheimer's. Our intention is to marry while she can still comprehend her only son's marriage. Another reason for the expedited processing request was that my fiance and I are invested in opening the office and our ability to collaborate and execute the few contracts we managed to get is greatly jeopardized by her not being in the US with me. (As part of this expedite processing I submitted financial info - which reveals a very limited base of potential support if no new work comes in). We were denied expedited processing and told our I 129f application will be date processed.

We want to get her back to the US as quickly as possible. Will my limited financial means jeopardize our application? In hindsight revealing my financial situation was not the most strategic thing to do. Could they deny our K-1? Should I go to Portugal, marry there, and do a K-3? Should I send in a I-134 with my father as sponsor?

Thank you for any advice,

Josh

1-129f received May 13 2010

NOA1 May 25 2010

Request for additional material for expedited processing June 7 2010

Denied expedite processing June 18 2010

...waiting...

[Dan J 277]

Hi,

I lived and worked full time in Holland for the past five years. During this time period i paid Dutch income taxes but did not file in the US. I returned to the US in August '09 and after looking for work for several months I decided to open my own office. Business wise things are happening very slowly and with little financial return at this point.

My fiance 'moved' with me from Holland to the US (she is Portuguese). She lived with me in the US utilizing the VWP for three consecutive periods of 89 days with one week breaks between each entry. On her fourth entry to the US she was denied entry. The officer said she had not done anything wrong but that she was abusing the VWP and needed a different visa to 'live' in the US. She now has 212 (a)(7)(A)(i)(I) written in her passport. (she is not banned)

I filed for a K-1 in May this year after her denied entry. I applied for expedited processing due to my mom having advanced stage Alzheimer's. Our intention is to marry while she can still comprehend her only son's marriage. Another reason for the expedited processing request was that my fiance and I are invested in opening the office and our ability to collaborate and execute the few contracts we managed to get is greatly jeopardized by her not being in the US with me. (As part of this expedite processing I submitted financial info - which reveals a very limited base of potential support if no new work comes in). We were denied expedited processing and told our I 129f application will be date processed.

We want to get her back to the US as quickly as possible. Will my limited financial means jeopardize our application? In hindsight revealing my financial situation was not the most strategic thing to do. Could they deny our K-1? Should I go to Portugal, marry there, and do a K-3? Should I send in a I-134 with my father as sponsor?

Thank you for any advice,

Josh

1-129f received May 13 2010

NOA1 May 25 2010

Request for additional material for expedited processing June 7 2010

Denied expedite processing June 18 2010

...waiting...

As a US Citizen, you must file taxes even if you are residing abroad. Although the first $85000 of income or so is exempt from any US income tax.

You will have to show assets or income as financial support, if you cannot meet that requirement yourself, you can file the from with a co-sponsor.