I-864 pain in the arse

[Sean Irish 0]

Ok, i'll try explain this as clear as I can, hopefully somebody knows exactly what the answer is.

I married my wife in April, She is a US citizen by birth and I am Irish. My wife has Irish parents and they left the States and returned to Ireland when she was 5. She hasnt lived there since only visited on holidays (vacation) since. Also she has been in college in Ireland up until May 2012 hence not working full time.

So basically now we are at the stage where we want decide what to do next and moving to the States is what we want to do. My wife's sister is also a US citizen and now living there as his her Aunt she though is a LPR.

So I know we (I) meet all the criterea for the first part of the CR-1 application my problem lies with the I-864 affadavit of support. She wont be able to be my sponsor on that for a few reasons, She hasn't filed a tax return with the US IRS before we only just found that out she might have to! She doesnt have a job there yet, but she should get one easily enough once we get there, and the domincle issue, we probably will be living in a hotel or with her sister when we arrive before we get a place sorted.

So I need a Co-Sponsor? Her sister and aunt both pass the 125% min poverty guideline and they both have said they would sponsor me. So is there any point in my wife going true all the hassle trying to back date her taxes etc if her aunt will be the one financially supporting me? I also think there is an excemption from filling with the IRS as long as she can prove she has earned below $90,000 and has being paying taxes to the Irish goverment.

Thanks for taking the time in reading my rambling post.

Sean.

[Darnell 8,479]

petitioner doesn't meet the 125 percent of the poverty level guidelines, so petitioner must secure a 2nd sponser, a joint-sponser, a co-sponser.

petitioner WILL BE the primary sponser, even showing 0 income on the I-864.

petitioner MUST show proof of re-establishing domicile into the USA - the deadline for showing this proof is interview day at the IV Unit.

so, with no timeline at http://www.visajourney.com/timeline/profile.php?id=160467 i can't give you any further advice for what to do and when, but the end-game is to have all, show all, by interview day to a Vice-Consul during the interview.

[Sean Irish 0]

petitioner doesn't meet the 125 percent of the poverty level guidelines, so petitioner must secure a 2nd sponser, a joint-sponser, a co-sponser.

Im aware of that.

petitioner WILL BE the primary sponser, even showing 0 income on the I-864.

Im aware of that aswell

petitioner MUST show proof of re-establishing domicile into the USA - the deadline for showing this proof is interview day at the IV Unit.

Would appointments with real estate count? Or do we actually need to show a signed lease?

[Darnell 8,479]

there are 2 paths.

1. proof of domicile or

2. proof of re-establishing domicile.

she will be on 2nd path.

you claim this is a pain the backside, but i ask you - just how important is it, to solve this problem, today? you don't have a timeline, is no way to figure out how much time she has to handle this, at all.

ultimately, she has to show proof of re-establishing domicile by the day of the interview at the IV Unit.

Edited May 27, 2013 by Darnell

[Boiler 47,536]

Will she be moving back in advance of you?

You say she will be able to get a job easily, not many people can say that.

[Penguin_ie 6,001]

Yes you will need a co-sponsor, unless your wife has plenty of assets; either the sister or aunt can do it, whichever is willing and better qualified. Since your wife was a student, if she didn't work at all/ had no income, she was not required to file with the IRS and can just submit a short explanation why she was not required to file. If she did have an income, she needs to file but not pay taxes, and back-filing should not be too difficult. Yes, she needs to back-file even if you have a co-sponsor, as it is about following the rules for the government- your visa will not get approved without it.

In terms of domicile, you'll be wanting to go for "re-establishing domicile", rather than "having maintained domicile". Your wife can do this by registering with some job agencies, emailing estate agents and keeping the emails (though yes, a signed lease would be better if you can swing it), that sort of thing. It may be worth going over for a few weeks and scouting out some jobs (trying to get an interview or two), seeing some flats, maybe try to get her a drivers license etc closer to interview time, it will help you hit the ground running when you arrive and also be great to show your intent as a couple. If you have kids, enroling them in school/ daycare is a great proof. It will be kind of difficult because she has had no adult time in the USA, so be prepared for some questions as to why you two want to move, will it be a permanent move etc.

[Darnell 8,479]

So, ya married in April 2013 and haven't filed anythin yet.

You have a butt-load of time for HER to get her I-864 stuff sorted .

First intake is at NVC, and it's adjudicated on interview day.

Since the I-130 isn't even filed yet - I want you to study the timelines section in yer country's portal, and get a decent idea of what's transpired before you and yours - this will give you a great idea of time and timing.