K1 Visa I 134... No tax forms, no income!

[Pantera Negra 0]

I'm going to try and make this as quick and to the point as possible, but it seems to be a complicated topic.

I have been living outside of the US for about 10 years. I've been back and forth to visit, but have only filed for taxes once in all that time. It was brought to my attention recently that I was responsible to report all income (as a US citizen) regardless of where I lived and made money. It's a little late for that now.

Currently I'm living in Mexico, but visiting the US to kick-start the K1 visa process. My fiancée is Mexican and we have been living together there for about 3 years. Now we want to move to the US, get married, and make a life here. I'm 35 and she is 31.

I have no income to show for. No paper trail, that is. Nor does she. We've been working in tourism and getting paid cash. I have a little savings in a Mexican bank account. I have no tax returns, W2's, or anything tax related to show for the last 3 years. I CAN file for 2012 now, but I don't know what I would claim. 0's and unemployment, maybe.

I do have plenty of friends and family who would be willing to present co-sponsorship. I can pick up work in the States if need be, but I prefer to file and return to my work, fiancée, and life in Mexico. She has already been offered a job here in the US once we arrive.

My question at this time is: Can anyone recommend that we follow through with the K1 filing or would it be smarter to get married in Mexico and file for the Spouse Visa?

I've heard the K1 is quicker. Of course, we want to take the quickest, least complicated, most successful route. Money IS an issue. And we hope not to waste time. Personally, I would prefer to marry in the US.

Thank you for taking the time to read and respond.

[Alaska2012 462]

You can still file taxes for the last 3 years, if you made under a certain amount while living abroad you don't have to pay taxes in the us but you still file. Look at form 2555 from IRS

With no income you will definitely need a co- sponsor, but you will still be the main head sponsor and you will have to provide various documents, taxes is a part of that.

Choosing K1 or Cr1 these days there really isn't much of a time difference. The benefits with the Cr1 is that once you are in the country you are done! At least for two years. With the K1 you got more paperwork and waiting after you are married before green card is in hand...

[KayDeeCee 4,893]

If you want your fiancee to be able to work after she arrives, then do not go for the K-1. She will not be able to work for a few months after arriving, After you get married, she will need to file for AOS, and at that time she would file for her EAD(employment document). She cannot work without the EAD or a green card.

If you were legally required to file the last 3 years, then you need to back file your taxes. There is no way around it. For AOS(or a spousal visa) you will need to supply the I-864 and you need to provide your most recent tax transcript and list the amounts from the last 3 years.

You can get married in Mexico and file for a spousal visa using DCF. It is cheaper, faster and she would enter the US as a permanent resident green card holder and be able to work right away. http://www.visajourney.com/content/dcf

[Pantera Negra 0]

Thanks guys.

Well, I can file now for the last 3 tax years here in the US.

Looking into the CR1, it seems like the better option. I have had an FM3 for the past 3 years in Mexico. I believe that makes me eligible for DCF???

As I see it, I can file taxes here, marry there, apply for CR1 via DCF there, use a co-sponsor, and go for it.

Jay, you mentioned cheaper... I see that the CR1 filing fee is about $80 more. Would the rest of the process be less? Also, we're much closer to Mexico City than Juarez. The travel time and cost could be saved if all this could be processed in Mexico DF.

Cheers!

[JimVaPhuong 4,863]

Thanks guys.

Well, I can file now for the last 3 tax years here in the US.

Looking into the CR1, it seems like the better option. I have had an FM3 for the past 3 years in Mexico. I believe that makes me eligible for DCF???

As I see it, I can file taxes here, marry there, apply for CR1 via DCF there, use a co-sponsor, and go for it.

Jay, you mentioned cheaper... I see that the CR1 filing fee is about $80 more. Would the rest of the process be less? Also, we're much closer to Mexico City than Juarez. The travel time and cost could be saved if all this could be processed in Mexico DF.

Cheers!

A K1 has to apply for a green card after arriving in the US and marrying the US citizen. Total cost for the I-485 is $1070. That makes the CR1 a lot cheaper.