i-864 - Living in Sweden - Confused

[Ari Ahokas 0]

Hi,

I've searched and searched. I've found helpful posts, but it all just seems so specific. Regardless, I need some quick advice.

Quick Backstory: I'm a dual citizen - Finland/USA. I was born in the USA and lived in the USA for 23 years, moved to Sweden 3.5 years ago, worked here all 3.5 years, got married to a Swede, now I'm dragging her back to the USA.

What's Done: i-130 package was approved, DS-3032 was completed through email, fee for i-864 is paid, and now I'm preparing the i-864 to be sent.

Question 1: I've been working, living, paying taxes in Sweden for the past 3.5 years. I haven't filed taxes in the USA for 3.5 years now (which I understand now was not ok). My wife and I have a company here in Sweden currently, and I have a job ready for me in the USA with my brother. How can I prove on the i-864 that I can support her? Since I don't have a job in the USA yet.

Any advice would be greatly helpful.

Question 2: I need to be in the USA by December/January to work. Is it possible to move us to the USA now and complete the process there?

Thanks!

/Ari Ahokas

[Penguin_ie 5,985]

1. You cannot. A job offer in the USA doesn't count. You will need to back file taxes but you won't need to pay any, as you now know. You have three options:

a) get a co-sponsior- someone to stand guarantoor for your wife. Maybe your brother?

b) Sponsor on assets. Do you have any assets in the USA (savings, property etc)? Your wife's Swedish company may count, but not all US embassies will take into account foregin assets.

c) you go ahead and start your job, as planned, in December. Once you have a few pay stubs, send those in and sponsor your wife based on your new US income.

2. You can move. She cannot until she has a visa.

[Ari Ahokas 0]

1. You cannot. A job offer in the USA doesn't count. You will need to back file taxes but you won't need to pay any, as you now know. You have three options:

a) get a co-sponsior- someone to stand guarantoor for your wife. Maybe your brother?

b) Sponsor on assets. Do you have any assets in the USA (savings, property etc)? Your wife's Swedish company may count, but not all US embassies will take into account foregin assets.

c) you go ahead and start your job, as planned, in December. Once you have a few pay stubs, send those in and sponsor your wife based on your new US income.

2. You can move. She cannot until she has a visa.

Thanks for the speedy response! Ok, so it looks like getting a co-sponsor is the best option. Even if I get my father or brother to sponsor my wife, it won't be worrying to them that I literally have no assets/income in the USA? Will it be enough is what I'm asking basically.

[LauraDP 10]

We are in a similar situation in that my husband (the USC) was not aware he should have been filing with the IRS all these years (he has been in the UK for 20 years as he is a dual US/UK national) but he found it pretty quick and easy to back-file the latest three years of tax returns based on foreign-earned income - and there is no fine to pay since he owed no tax in the US.

We will also be in a similar situation in that my husband will be having to give up his employment here to take up employment in the US. Since we need to be going through the immigration process for myself and our four kids prior to him securing a job we are using a co-sponsor. In our case it is a close family friend who is sponsoring our sons and me. The co-sponsor needs to be able to demonstrate through their own tax returns that they have the financial means to support a family of the relevant size. We have a home and financial assets in the UK and hope those might be counted but are not relying on it and feel we would still need a co-sponsor in any case.

My husband will also, in all likelihood, be moving out to the US before the children and I are in a position to do so.

Best wishes

Laura