TAXES*His ARMY DUTY* QUESTIONS! HELP!

[Explorejourney 0]

Hello everyone!

My fiance is ALGERIAN and I am American. We sent out our packet and received NOA 1 MARCh 23rd. According to VERMONT processing times, we can be expecting our possible NOA2 around AUGUST 23rd, 2011 although we certainly hope SOONER! I'm also 3 months pregnant with our child and EAGER to get him here ASAP. Attempting to file an expediate request did NOT seem to make a difference. Here are my questions:

1) I am self employed and have not filed my taxes until NOW. Are they looking for proof of ONE YEAR tax return or 3 as has been suggested to me? What is the minimum you MUST show to prove "financial worthiness?" Will they require OTHER documents possibly because of this?

2) My fiance is suppose to serve a 2 year ARMY tour with the ALGERIAN army as ordered starting this SEPTEMBER. We are FIANCEd but NOT legally married in ALGERIa so unless my embassy gives him his visa by SEPTEMBER, he may be FORCED to go away to the army for 2 years. If he were to tryand stay for the visa, will the army requirements show up through the embassy checking? Will he be FORCED to stay unless we get legally married? If i must return to ALGERIa TO get married in order to keep him out of the army (and on his way to the US for his baby and i) what would change on our status process for filing a SPOSAL visa in place of FIANCE????

We're both pretty confused!

any tips on NOA expectations or experience with ALGERIa visa filing is MUCH appreciated!

THANK YOU!!!

[JimVaPhuong 4,863]

1) I am self employed and have not filed my taxes until NOW. Are they looking for proof of ONE YEAR tax return or 3 as has been suggested to me? What is the minimum you MUST show to prove "financial worthiness?" Will they require OTHER documents possibly because of this?

Most consulates want a tax return or IRS transcript for at least the most recent tax year. Since it is now after the filing deadline, the most recent tax year is 2010. If you haven't filed yet then you need to file ASAP. The consulate will usually require your income to be at least 125% of the poverty guidelines for your household size. Your household size includes you and your fiance. If your child is born by the time of the interview, then your household size will also include your child. The levels are published in the I-864P, which you can find in the "Forms" section of the USCIS website.

For two people the threshold is currently $18,387. For three people it's $23,162.

Since you're self-employed they will determine your income from line 22 of your 1040. Note that this is not your total revenues, but your income after deducting your business expenses.

2) My fiance is suppose to serve a 2 year ARMY tour with the ALGERIAN army as ordered starting this SEPTEMBER. We are FIANCEd but NOT legally married in ALGERIa so unless my embassy gives him his visa by SEPTEMBER, he may be FORCED to go away to the army for 2 years. If he were to tryand stay for the visa, will the army requirements show up through the embassy checking? Will he be FORCED to stay unless we get legally married? If i must return to ALGERIa TO get married in order to keep him out of the army (and on his way to the US for his baby and i) what would change on our status process for filing a SPOSAL visa in place of FIANCE????

The US government is well aware of Algeria's conscription policy.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fc1a361cfb98d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=d2d1e89390b5d010VgnVCM10000048f3d6a1RCRD

In addition, the government does not allow Algerians who are still eligible for conscription to leave the country unless they have been granted an exemption under special circumstances (e.g., status as a student or primary wage earner). Individuals applying for jobs or a passport are required to submit documentation proving that their military service has been completed. (Immigration and Refugee Board, 1999)

Looks like he'll need an exemption to get a passport and leave the country.

[pushbrk 12,105]

Just adding that if the couple decides to marry, the fiance visa process will be void and they'll start over again with a new spouse process.

[Explorejourney 0]

Wow. Thanks everyone for your input here.

What "circumstances" would be considered ok for an exemption to leave the country? Isn't getting a VISA to be married in the USA an exception?

What if his process for obtaining the visa does NOT happen BEFORE his army tour?

Is it true that he can get a TOURIST visa to still visit me in the USA even WHILE waiting for his fiance visa to go through?

Thoughts?

THANK YOU!!!

[Moonlight2011 13]

Hello,

there are few things here that u need to clarify before anyone can give u advice:

first u are talking about Fiance visa K1...but u put on ure profile that u guys did F1 that is a student visa...!!!!....

seconde, nothing will garantee u that ure fiance will get his fiance visa(if this what u applied for)..all is determend after at the interview and the document provided to the councelor.and this includes ure tax and income and also proofs of realationship.

third: for ure fiance and his army duties: if he has a passport and they didnt yet put him and the record of the algerian costoms, if he gets his Visa he can travel.cause if they have his name in the record of the police or military, ure fiance maybe taken to do his duties at anytime..even in his way out from algeria(by air, by car..) he can even be stoped for a routine car check and paper and can be stoped ...

unfrotunatly , if he doesnt has a passport yet: he should quickly do it, and pray that they will not come and get him.if he is in there target list of people!!!

he can still hide until he gets his visa..;-)

Good luck