Help! Confused about what happens after 1-130 is approved for an Aussie

[kev&ange 0]

Hi Everyone,

My husband (a US Citizen) and I have been living in Cairns since 2004 and we're now relocating to the US. We've filed an I-130 which is currently with the National Benefits Center for processing. Once the petition is approved, what happens then? I have confused myself reading all sorts of things on this VJ site and now I've got no idea. As an Aussie filing from Australia, with a husband who is also residing in Australia, do we do all of the I-864 stuff with the NVC (and therefore wate time in posting things back and forth) or is that all done through the US Consulate in Sydney? Basically, what happens for an Aussie after the I-130 petition is approved?

Does anyone have any tips for completing the I-864 when my husband hasn't earned a salary/filed a tax return in the US since 2004? We've figured that he needs to do that so sorting it out with H&R Block, but don't know how we're going to prove the financial sponsor component when he's here with me. He can go over an start his new job/set up house in November but do you think it's better he come to the interview with me, or go set up stuff over there that I can use at interview (like leases/buying cars etc)? We can totally get a co-sponsor in my sister-in-law if we need to.

What's a Packet 3?

Apologies for my ignorance. Really appreciate any advice you may have for me!

Ange

[stevie b 141]

nvc is your next step after approval.. if you listed your address abroad you will most likely be approved within three months

if you have a cosponsor for sure, then he can stay.. your biggest challenge is the proof of domicile and yes the petitioner still has to complete an 864

there is no wasting time posting things back and forth, it is one packet one time if you put aos and visa app in same envelope

[austex 42]

Hi Kev&Ange

My husband (USC) and I live in Brisbane and we decided to move to the USA also. He hasn't lived in the USA since 1999. We just filled out the paperwork like everybody else but when it came to the I-864 is where we got a little bit confused. Anyway the end result was you have to have $72K for the amount of money we had to have for the poverty guideline. We just used the sale of our house and we did it easily enough and we didn't need a co-sponsor. Your taxes - Well my husband just went to the IRS website and downloaded the tax forms he needed and we posted them away and domicile - Well my husband still had a bank account and a cousin there so he used her address for his bank account and his social security statements so that was enough for us. I was approved and we are just about to leave to move there....The Sydney Consulate are really nice and patient with all aspects of this. Your husband is not allowed to go into the interview with you... it is just you alone.

But I wish that aussie dollar would stop dropping...haha

M.

[Darnell 8,478]

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

[AshleyLCBaker 7]

Hi Ange,

I'm the USC and I've lived in Sydney with my husband since 2008, and we're almost (hopefully!) at the tail end of the NVC process. Like someone else said, if you used your Oz address on the forms, your I-130 will probably be approved somewhat quickly (I think we were like, 40ish days). A couple of weeks after that, I received the bill for the I-864 and the DS-3032 choice of agent form by email. I filled out and scanned that form and sent it back, and paid the I-864 fee. A week or so after that, I got the bill for the DS-230 and paid that. After you pay both of those, you have to print out a cover sheet with your case number and a barcode for your case, which you get from the same site you pay the fees. Once those are paid, you can send everything in, but you do unfortunately have to send them to the NVC in New Hampshire, not to the Sydney consulate, so that adds at least a week or two to the process.

We used my dad as a co-sponsor because we don't own a house and don't have $70,000+ in savings. As far as I know, that's worked out fine. The domicile thing was the trickiest part for us, because we have a 14 month old son and we really didn't want him to be separated from his dad if I had to take him to the US to get set up. For my domicile, I included evidence of my US bank account and credit card, which I've used while living abroad; evidence of shares I own in SunTrust bank; an official lease that I drafted up between us and my dad, since we'll be staying with him when we first get there; a letter from a headhunter saying that we've been in contact about finding my husband a job and quotes from shipping companies. Again, I'm not 100% sure if we have a case closed at the NVC, but I haven't yet received an RFE about any of this, so hopefully it's ok.

Anyway, that was a super long answer, but hopefully I answered your questions a little!

[kev&ange 0]

Thank you so, so much austex and AshleyLCBaker - your replies are so helpful, I really appreciate it. I have a lot more confidence that we're on the right track!

Cheers!

[VanessaTony 3,567]

Does anyone have any tips for completing the I-864 when my husband hasn't earned a salary/filed a tax return in the US since 2004? We've figured that he needs to do that so sorting it out with H&R Block, but don't know how we're going to prove the financial sponsor component when he's here with me. He can go over an start his new job/set up house in November but do you think it's better he come to the interview with me, or go set up stuff over there that I can use at interview (like leases/buying cars etc)? We can totally get a co-sponsor in my sister-in-law if we need to.

Just to confirm, he HAS been earning an income in Australia and is now filing his back-taxes with the US.. correct? This is very important if that's not what you mean.

[Xanax 349]

Just to confirm, he HAS been earning an income in Australia and is now filing his back-taxes with the US.. correct? This is very important if that's not what you mean.

^^

[kev&ange 0]

Hi everyone, sorry for my late reply. Yes, my husband has been earning a salary in Australia and paying his taxes just like any other Aussie (he's an Aussie citizen also)....just didn't realise he had to be telling the IRS about that. Looks like he'll be under the threshold so won't owe US back taxes, but we're petrified how long filing is going to take! We're going to use H&R Block to prepare them and lodge through the streamlining process with the IRS and hope for no investigation- there's nothing to find! Has anyone had success with filing the I-864 with just evidence that you've filed (rather than the return documents)?

[kev&ange 0]

Here's another question- do we even need to worry about the whole tax thing if we have a co-sponsor (which we do in my sister-in-law)? She's already prepped all her stuff for our application. We'll still do it all anyway but perhaps it won't hold us up at NVC if our stuff with the IRS isn't finalised in time?

[Xanax 349]

Here's another question- do we even need to worry about the whole tax thing if we have a co-sponsor (which we do in my sister-in-law)? She's already prepped all her stuff for our application. We'll still do it all anyway but perhaps it won't hold us up at NVC if our stuff with the IRS isn't finalised in time?

Yeah the tax thing is important, your husband as a USC is meant to file taxes no matter where he lives.

Edited June 29, 2013 by Xanax

[aaron2020 11,651]

Here's another question- do we even need to worry about the whole tax thing if we have a co-sponsor (which we do in my sister-in-law)? She's already prepped all her stuff for our application. We'll still do it all anyway but perhaps it won't hold us up at NVC if our stuff with the IRS isn't finalised in time?

It's very important.

As a US citizen, your husband must report his worldwide income to the IRS. The failure to file will result in the rejection o your visa application.

If your husband wants the benefits of US citizen by petitioning you, then the US requires he fulfill the obligations of US citizenship by filing his tax returns. No tax returns = no immigration benefits.

[kev&ange 0]

Thanks guys, great advice once again. Appreciate it.

[austex 42]

Hi ange, we didn't know that my husband had to file taxes, as he was earning AUstralian dollars. He didn't go over the threshold anyway he did it and we couldn't get the transcript back for ages and he tried to call and we got nothing. We went for a holiday over Christmas and picked it up while we were there... Finally....two months after he sent the taxes off.

We have been living in Australia together since 1999.

M.