Filing an I-130 - no domicile or residence

[yairzick 0]

Hi all,

I recently received an offer to work at a university in the US (postdoc position), and I'll need to apply for a visa for my wife and two kids. I understand that the only option that I really have is to apply for an IR-1/IR-2 visa, which requires me to submit an I-130. However, I do not qualify formally to sponsor my family to go to the US, since I do not have a permanent US address (I have never lived in the US past the age of 14, and have lived there for a total of about 2 years, right after I was born).

So, from what I understand, right now I have one option: go to the US before my wife and kids, get a domicile (i.e. rent an apartment), and then apply. This seems like a really weird thing to do.

I read somewhere that I can apply without having a current US address, but showing INTENT of having one (say, an offer letter from my employer). Is this true? If so, how do I do that? There's no section in the I-130 for this.

Thanks, I'm a bit lost, so I'd appreciate a quick reply if anyone knows.

[mza001 15]

Check if Singapore has DCF -Direct Consular filing and if so, that might be faster and easier route since you are there and your wife is there as well?

[yairzick 0]

@mza001,

thanks for the reply. However, what you're saying is not relevant. If I apply from Singapore and do not have a permanent residential address in the US then my application (as far as I understand) will be declined.

[mza001 15]

if you have stayed more than 6 months in Singapore you become a permanent resident of that country and you "file internationally". That applies to DCF. In India, if people have lived there for more than 6 months, they can apply there itself and put the Indian address etc. That way your i-130 is processed at the local office and you kind of skip the NVC process. And i am sure you can find a way to rent a po box or something that can work as your address too in the US

[yairzick 0]

Ah, I see what you mean... Yes, it seems that I'll need to petition via the nearest USICS office, which is in Thailand. Thank you very much!

[dwheels76 5,459]

Ah, I see what you mean... Yes, it seems that I'll need to petition via the nearest USICS office, which is in Thailand. Thank you very much!

Go here o the NVC filers thread a good read about setting up domicile (read post #1 and #2). With children and such will be easy to run ome and setup or do from there.

You also have to consider a co-sponsor for the I-864 (Affidavit of Support).

http://www.visajourney.com/forums/topic/468369-nvc-filers-december-2013/page-1

Here also is an information read on Singapore DCF

http://www.visajourney.com/forums/topic/279218-dcf-singapore/

[milimelo 4,167]

Take into consideration that you're supposed to register for selective service as a USC male.

As a USC, you're also supposed to file taxes on your worldwide income.

[aaron2020 11,651]

You do not need to come to the US to establish a US domicile before your family can immigrate. You can show the intent to reestablish a US domicile and your family can immigrate when you return to the US.

Here are some issues you may run into.

First, US citizens are required to file US tax returns on their worldwide income even if they live abroad and earn nothing in the US. There is an $90,000 foreign income exemption, so you probably owe nothing in taxes. You will need 3 years of US tax returns or a legal reason why you are exempt from filing US taxes in order to petition for your wife.

Second, the I-864 Affidavit of Support. Since you have no current US income and the current income that you have will not continue when you move (future income from the post doc does not count since it's not current), you will need a Joint Sponsor in addition to the 3 years of US tax returns (or a legal reason you were exempt from filing). A Joint Sponsor must be a US citizen or Legal Permanent Resident who earns a certain amount over the poverty line. Without a Joint Sponsor, the US Embassy can not issue a visa to hour wife.

Third, your kids are exempt from the I-864 Affidavit of Support requirement because under the Child Citizenship Act once they immigrate to the US and receive their green cards, they will be US citizens automatically. So you would file form I-864W for them to waive the I-864 requirement.

Fourth, you must petition your wife and children separately. So, that's 3 separate I-130s. Three separate fees. By the time you are done, it's about $1000 in fees for each person.

Good luck.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[yairzick 0]

You do not need to come to the US to establish a US domicile before your family can immigrate. You can show the intent to reestablish a US domicile and your family can immigrate when you return to the US.

Here are some issues you may run into.

First, US citizens are required to file US tax returns on their worldwide income even if they live abroad and earn nothing in the US. There is an $90,000 foreign income exemption, so you probably owe nothing in taxes. You will need 3 years of US tax returns or a legal reason why you are exempt from filing US taxes in order to petition for your wife.

Second, the I-864 Affidavit of Support. Since you have no current US income and the current income that you have will not continue when you move (future income from the post doc does not count since it's not current), you will need a Joint Sponsor in addition to the 3 years of US tax returns (or a legal reason you were exempt from filing). A Joint Sponsor must be a US citizen or Legal Permanent Resident who earns a certain amount over the poverty line. Without a Joint Sponsor, the US Embassy can not issue a visa to hour wife.

Third, your kids are exempt from the I-864 Affidavit of Support requirement because under the Child Citizenship Act once they immigrate to the US and receive their green cards, they will be US citizens automatically. So you would file form I-864W for them to waive the I-864 requirement.

Fourth, you must petition your wife and children separately. So, that's 3 separate I-130s. Three separate fees. By the time you are done, it's about $1000 in fees for each person.

Good luck.

Ok, wow, this is getting bleaker by the minute... Thanks everyone for the very fast replies!

So, just to be clear, I CAN FILE THE I-130,

the main issue seems to be not with the I-130, but rather with the I-864.

So, since I have not lived in the US ever, I wasn't even aware of the fact I need to file tax returns. Now I'm in touch with an accountant in the US. Thanks for that tip! Just to be clear, if I just put my Singapore address on the I-130, the correspondence will be with my Singapore address?

Regarding the the co-sponsorship part, how does it work? Will this be required with the original submission of the I-130?

I will file an I-130 for my children as well, that's for sure.

Thanks guys, and God bless America...

[yairzick 0]

So, when exactly do I file the I-864? with the I-130, or only after I have received the NOA?

[aaron2020 11,651]

Ok, wow, this is getting bleaker by the minute... Thanks everyone for the very fast replies!

So, just to be clear, I CAN FILE THE I-130,

the main issue seems to be not with the I-130, but rather with the I-864.

So, since I have not lived in the US ever, I wasn't even aware of the fact I need to file tax returns. Now I'm in touch with an accountant in the US. Thanks for that tip! Just to be clear, if I just put my Singapore address on the I-130, the correspondence will be with my Singapore address?

Regarding the the co-sponsorship part, how does it work? Will this be required with the original submission of the I-130?

I will file an I-130 for my children as well, that's for sure.

Thanks guys, and God bless America...

You can use your Singapore address.

You need a Joint Sponsor. A Joint Sponsor must be a US citizen or Legal Permanent Resident over the age of 18. The JS could be a family member or a friend. This person must make enough to fulfill the I-864 requirements for his family and your wife. The I-864 is required at the NVC stage which occurs about 6 months after you file the I-130.

When does your post doc start?

The immigration process will take about a year.

Edited December 18, 2013 by aaron2020

[yairzick 0]

My postdoc starts in April 2014. As far as I understand, my family can come on a K-3/K-4 visa even if they do not have an immigrant visa yet. So, by the time I need to deal with the NVC, I will probably be in the US working, which means that I won't need a joint sponsor, is that correct?

[lost_at_sea 995]

My postdoc starts in April 2014. As far as I understand, my family can come on a K-3/K-4 visa even if they do not have an immigrant visa yet. So, by the time I need to deal with the NVC, I will probably be in the US working, which means that I won't need a joint sponsor, is that correct?

K3/4 takes just as long as the I-130 path, so we're not seeing anyone get those types of K visa for spouses anymore on VJ (the I-129fs get joined with the I-130 and then closed).

http://www.visajourney.com/forums/topic/463739-k-3-visa-is-it-still-an-active-or-an-obsolete-visa/

Edited December 18, 2013 by lost_at_sea

[aaron2020 11,651]

My postdoc starts in April 2014. As far as I understand, my family can come on a K-3/K-4 visa even if they do not have an immigrant visa yet. So, by the time I need to deal with the NVC, I will probably be in the US working, which means that I won't need a joint sponsor, is that correct?

No. That is not correct.

There is no way that your family will get either immigrant visas or K-3/K-4 visas by April 2014. US immigration can not get anything done in 3 months.

The K-3/K-4 requires an I-130 be filed first. Once the I-130 is in the system, the K-3/K-4 will be closed and you must go the immigration visa route.

------------

This is your ONLY OPTION with your timeline if you want this post doc.

You file the three separate I-130s for your wife and children TODAY (or as soon as possible.)

You enter the US by yourself in April 2014. You will start your post doc and have a current US income. Hopefully, you will make enough for a household of 4 which is around $28,000 per year.

By Summer 2014, the NVC will ask for the I-864 for your wife.

After another 3-5 months, your wife and children will get immigration visas.

Sorry for the bad news, but this is your only option.