What to do if one has no W-2 or US tax records for CR1 interview in China?

[Yeti_Ball 0]

Hi all,

First time poster, long time reader. I have a question. I'm an American who has been living in China for the past 4.5 years, during which time I married a Chinese woman. A few months ago I filed a I-130 form and we have recently received the first notice that it has been passed along to the Visa office in Guangzhou.

I never filed US taxes while living abroad in Shanghai and I do not have any W-2 forms from my Chinese employer. I recently moved back to the US and began a new job last week.

My question is, would an "employment letter" from my current new employer stating my current salary etc. be sufficient in proving during the interview that I have the financial resources to warrant my wife's green card?

My wife feels I should file taxes for the past 3 years (something I should probably do anyway) but I'm afraid it will take too long.

Another option might be to use my parents tax info and use them as a co-sponsor or whatever (any links to information about how this works?).

Basically, my question is, would a signed letter explaining that I did not (but intend to) file taxes in the past 3 years along with a letter from my employer outlining my current salary be enough to satisfy the financial requirement as far as the immigration people are concerned?

Any advise would be greatly appreciated. Thanks in advance.

Best,

YB

[The Mean Lady 604]

http://www.uscis.gov/files/form/i-864instr.pdf

Page 8, bottom left and continuing to top right.

Will not let me copy paste.

[Yeti_Ball 0]

THANKS!

[bigdog 376]

You could file next week and provide a letter from your employer, also check with a tax professional.

[Yeti_Ball 0]

You could file next week and provide a letter from your employer, also check with a tax professional.

Yeah I think I might just do that. Also, just for the record, I've found this on the IRS website for anyone in a similar situation, should prove to be awesome!

irs (dot) gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

[Lara826 2]

I was in a similiar situation, as I had been living in Spain the three years before I came back to apply for the K1 visa. I called the IRS and it did not take me long at all to file back taxes. They basically told me that know that foreign countries don´t always keep records like we do so just to fill out my best guess. IF you were living there at least 330 days of the year and made less than 90,000 (I don´t remember the exact amt) you shouldn´t have to pay anything and just file form 2555 foreign earned income exclusion along with your 1040 for each year. It didn´t take me long at all, it´s just a formality. I just called the IRS and the guy I talked to was seriously so nice about, he said things like, yeah we understand that when you go abroad you don´t think about it. I just started my job when I applied and had been working there less than a year when he got approved. I had a co sponsor just in case but they didn´t even want those. You may want to consider a co sponsor to be on the safe side, but I think as long as you show you have steady employment or can take care of your spouse you should be ok.

[bigdog 376]

Great find, hopefully you fit in the categories listed. Save that one for the next guy/gal who needs it.

[Darnell 8,478]

you could back file with a 1040X (include a w-7 for an itin for yer lass if you want) with f2555 on your prior 3 years. No W-2s needed from your chinese employer.

but - where are you in the process? If you just filed the I-130, it won't matter at the moment - you have some time nowish to get this fixed . It matters at NVC, when submitting the I-864.

If you've already submitted the I-130 - please fill out yer timeline at http://www.visajourney.com/timeline/profile.php?id=150741

Ultimately, for the I-864 headed to Guangzhou IV (They do the final evaluation, btw, and are hard-asses for 3 years o prior tax data) it's best you show 3 prior years o tax data with your current employment info.

Good Luck! (if you change yer country to China in yer profile settings, we can find you in the portal and you'll get other answers from members with Chinese Spouses who have been in yer situation)

Edited January 13, 2013 by Darnell

[Yeti_Ball 0]

you could back file with a 1040X (include a w-7 for an itin for yer lass if you want) with f2555 on your prior 3 years. No W-2s needed from your chinese employer.

but - where are you in the process? If you just filed the I-130, it won't matter at the moment - you have some time nowish to get this fixed . It matters at NVC, when submitting the I-864.

If you've already submitted the I-130 - please fill out yer timeline at

Ultimately, for the I-864 headed to Guangzhou IV (They do the final evaluation, btw, and are hard-asses for 3 years o prior tax data) it's best you show 3 prior years o tax data with your current employment info.

Good Luck! (if you change yer country to China in yer profile settings, we can find you in the portal and you'll get other answers from members with Chinese Spouses who have been in yer situation)

Thanks for the reply. Right now I'm filling out my 1040 forms for the past 3 years along with corresponding f2555-EZ forms.

What I'm not clear about is, when my wife goes for the interview, I'm assuming that she will need to bring along a form that proves that I have filed, something that I will receive in the mail from the IRS once they process my 1040 and f2555 forms. If I send these forms out tomorrow, I'm just worried that it will take a long time to get anything back (possibly so long that they will not arrive until after the interview).

Is that correct? What exactly does my wife need to bring to the interview that proves I've filed taxes? If I were to somehow file online (although I don't think I can due to the nature of my situation) would I be able to print out a "receipt" off the internet that shows I filed?

[Darnell 8,478]

tax data intake occurs at NVC, not Guangzhou IV, if the I-130 was submitted to a lockbox address in the USA.

Tax Data is reviewed at Guangzhou IV and is evaluated on the totality of the casefile.

Maybe review this -> Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

and get the exact steps.

Where are you in the immigration process? Also, did you file the I-130 to a lockbox address in the USA,

or are you a DCF filer, filing the I-130 to USCIS in BeiJing or Guangzhou ?

re: getting anything back from IRS - wait a mo - here's some speed. Make 3 copies of everything. Walk into the local IRS office, have them STAMP all 3 copies. They keep one (you just filed via walkin) you keep one for yer records, one goes in with the I-864 (somewhere, NVC or Guangzhou IV, depending on where you filed the I-130)

Edited January 13, 2013 by Darnell

[Yeti_Ball 0]

tax data intake occurs at NVC, not Guangzhou IV.

Tax Data is reviewed at Guangzhou IV and is evaluated on the totality of the casefile.

Maybe review this -> Loto's Wiki Page - How_to_bring_your_foreign_spouse_to_live_in_the_US

and get the exact steps.

Where are you in the immigration process?

Thanks, I'll take a look at that guide. Currently, I have filed the I-130 package in Beijing. Last week I received approval notice from the USCIS in Beijing and that they have sent the case on to the Immigrant Visa Section of the US Consulate in GZ. That is all I know.

You said "tax data intake occurs at NVC" ... what does this mean exactly?

EDIT: Just to be clear, I was living in China when I filed the I-130, in person, in Beijing. I have since moved to the US after accepting a new job. Are the steps in the guide relevant to people who submitted the petition IN China?

Edited January 13, 2013 by Yeti_Ball

[Darnell 8,478]

Aha - wait a mo.

Reread my post, I edited it a lot. Refresh this screen, la.

So, yer a DCF filer. No NVC intake at all. Disregard that guide, Loto's wiki page,in it's entirety.

The I-864 and tax data goes in to Guangzhou IV.

It's collected with the DS-230 set on document collection day, which is the official interview date given in the official interview letter. The actual interview is the next day.

Apologies for my confusion - I'll get this sussed out eventually (tell me more, tell me more, la)

Warmest Regards..

Edited January 13, 2013 by Darnell

[Yeti_Ball 0]

Aha - wait a mo.

Reread my post, I edited it a lot. Refresh this screen, la.

So, yer a DCF filer. No NVC intake at all. Disregard that guide, Loto's wiki page,in it's entirety.

The I-864 and tax data goes in to Guangzhou IV.

It's collected with the DS-230 set on document collection day, which is the official interview date given in the official interview letter. The actual interview is the next day.

Apologies for my confusion - I'll get this sussed out eventually (tell me more, tell me more, la)

Warmest Regards..

Aha... I've seen your edits. Cheers, that sounds like great advice going directly into an IRS office. Only thing is that they specifically ask you to send an office in Austin TX if you want to take advantage of the "New Streamlined Filing Compliance Procedures" for expats like me who did not file for the past few years. Still I think it's worth a shot. Thanks!

Edited January 13, 2013 by Yeti_Ball

[Darnell 8,478]

Ya, the local IRS office will accept it, stamp yer stuff, and send it on where ever it needs to go.

If you get a copy with the original stamp, I say not filing to IRS Austin will not hurt you at all, and in fact gives you a set of 'filed' tax documents that you'll be using with Guangzhou IV.

Are you including the W-7 form, chasing after an ITIN for yer lass, or no ?

Edited January 13, 2013 by Darnell

[Yeti_Ball 0]

Ya, the local IRS office will accept it, stamp yer stuff, and send it on where ever it needs to go.

If you get a copy with the original stamp, I say not filing to IRS Austin will not hurt you at all, and in fact gives you a set of 'filed' tax documents that you'll be using with Guangzhou IV.

Are you including the W-7 form, chasing after an ITIN for yer lass, or no ?

I guess I probably should, yeah. Another question, since you seem to be rather knowledgeable about this whole process, you mentioned 1040X forms; are these the forms need to file for previous years that had never been filed for, or would one simply download the 1040 for each corresponding year? Would it make any difference?