Questions before filing I-129F

[Shnoof 0]

I am a US citizen that lives and works in Greece for the time being (I have dual citizenship). My fiance is Chinese and lives and works in Shanghai. We want to move together back to the US early next year. We met at university in the States.

Because I will not be working in the US during the visa process, I have some questions regarding my Affidavit of Support:

1. Does my current Greek salary count for anything? It is above US poverty line.

2. Should I file a F-2555 IRS form (Foreign Income) for 2011?

3. Does her current Chinese salary help? It is also above US poverty line.

4. Can I get my parents to cosponsor, even though they live in Greece? They have filed US tax statements showing foreign income over the years.

5. How much savings would be good to have on the I-134 form?

Other questions:

6. Regarding the interview, will we be required to go together or can we each go to our respective consulates?

7. Is the G-325A required? The official websites have no mention of it in the K-1 process.

8. Should the opportunity arise where my fiance can apply for an L-1 visa because of her work, would that affect the K-1 process?

9. I read somewhere that, because I am not in the US, I need to show intent that I want to move back. What can constitute intent? Does anyone know what document mentions such things? I an currently filling out job applications online for major companies back in the US, if that counts.

Sorry for the barrage of questions, but I want to make sure nothing goes wrong and waste time and money.

Thanks!

Edited March 4, 2012 by Shnoof

[mimicoco 5]

Hi, i was curious to know the answer about your situation. sorry neither me know, i don't know why the VJ friends don't answer you. is a very uncommon case. may be repost your post to have help from other members.

[feli114 65]

You have to file the k1 from the US. Yes,you need the G325. Not sure about the res but I'm sure more knowledable members will chime in and help you. Good luck.

[Hank_ 9,174]

I am a US citizen that lives and works in Greece for the time being (I have dual citizenship). My fiance is Chinese and lives and works in Shanghai. We want to move together back to the US early next year. We met at university in the States.

Because I will not be working in the US during the visa process, I have some questions regarding my Affidavit of Support:

1. Does my current Greek salary count for anything? It is above US poverty line. No, your salary outside the USA does not count for anything. You will both will be residing in the USA after and the government wants proof that your fiancee will not become a public charge, so your income will need to be from work within the USA.

2. Should I file a F-2555 IRS form (Foreign Income) for 2011?

3. Does her current Chinese salary help? It is also above US poverty line. No, the government is not interested in your fiancee's salary.

4. Can I get my parents to cosponsor, even though they live in Greece? They have filed US tax statements showing foreign income over the years. Not sure about this one.

5. How much savings would be good to have on the I-134 form? If you are using saving to qualify the amount needs to be 3 times your shortage in income.

Other questions:

6. Regarding the interview, will we be required to go together or can we each go to our respective consulates? Interview is for your fiancee only, you are not required to be there. Of course some embassies like the petitioner to be there, some don't.

7. Is the G-325A required? The official websites have no mention of it in the K-1 process. Yes its listed in the instructions for completing the I-129F, page 3 (the page that haunts me... ) http://www.uscis.gov...i-129finstr.pdf

8. Should the opportunity arise where my fiance can apply for an L-1 visa because of her work, would that affect the K-1 process? I don't know about the L-1 process.

9. I read somewhere that, because I am not in the US, I need to show intent that I want to move back. What can constitute intent? That is just common sense being you are wanting a visa for your fiancee to come to the States "to marry you". Does anyone know what document mentions such things? I an currently filling out job applications online for major companies back in the US, if that counts.

Sorry for the barrage of questions, but I want to make sure nothing goes wrong and waste time and money.

Thanks!

Hope that helped some. Sorry don't know all the answers.... the calvary will arrive

Edited March 5, 2012 by Hank_Amy

[beejay 125]

I agree with Hank_Amy's answers.

I would like to add that your parents may not be the co-sponsors because they will have the same problem that you do - no US income.

Also even though your income will not qualify you still will have to fill out the I-134 so you should have been filing your US taxes while living overseas. You will also need proof of filing when you send the I-864 with your future wife's AOS packet.

[aaron2020 11,652]

US citizens are required to file US tax returns on their worldwide income. Even if their earnings are all from outside the US, US citizens are still required to file tax returns. This is a requirement for the Affidavit of Support that you must file to petition your fiancee. Have you been filing your US tax returns? If not, get started on filing your overdue tax returns.