Few questions

[NicoleAhmed 0]

Hey everyone!

I 'm new to the site. Been looking around, trying to gather information before filing any papers. I have a few questions, if anyone could help me out abit. Little background about us:

I'm USC who has been living out of the US for 10 years. I met my husband while on vacation 11 years ago in Turkey. We got married one year later. Now married 10 years. During this time, I've lived abroad with my husband in his home country Tunisia. I have 3 children with him also. They have US citizenship through CRBA. We'd like to return to the States since my parents are getting older. I'd had no income during my time living abroad. And after reading this site, did I come to know I still had to file taxes. I also am sure we will need a co-sponsor. My questions:

1-- We've been married for 10 years exactly this year. I've read on this site, you need to provide proof of relationship. We can provide things like marriage certificate, photos, our children's birth certificates, my residence paperwork and other offical documents. Things like phone logs, chat logs, plane tickets from when we were dating, those I have long thrown away. Are they needed? Is really that much evidence needed for people filing IR-1?

2-- Since I didn't file or pay taxes for the past 10 years, is there a chance they could deny the IR-1 visa? I ask since if not filing = automatic denial then I'd like to and save ourselves the hassle - not file.

3-- I just looked on the US government website so see how much income we need to prove for the I-864. Well, since I don't have an income. And haven't had one in about 10 years I need a co-sponsor, right? My question is does the number of people in the household reflect only on how many people in the sponsor (me, the USC) OR also my household + the number of people in my co-sponsor's household? I have 5 people: Me, husband and 3 children. My co-sponsor has 2 adults + 4 children sp 6.

4-- DCF isn't offered in the country where I live, but I've this word "expedited" being used on the forums. Does this apply for filers living abroad with their spouses, where DCF isn't available? Actually what does this expedited mean anyways?

5-- And my last question is about establishing a domicile in the States again. Do I need to actually return to the States to live, while the petition is being processed? OR is opening a bank account, promise of a job or rental agreement? I ask since looking at the timelines on this site, I see many have waited for a year or 1 1/2 year. While I can be patient, I'd like to keep the family together, not seperated.

Thank you; and I appreciate all the effort that everyone has put into this site!

Edited November 11, 2014 by NicoleAhmed

[Abby&Mario 100]

Hey everyone!

I 'm new to the site. Been looking around, trying to gather information before filing any papers. I have a few questions, if anyone could help me out abit. Little background about us:

I'm USC who has been living out of the US for 10 years. I met my husband while on vacation 11 years ago in Turkey. We got married one year later. Now married 10 years. During this time, I've lived abroad with my husband in his home country Tunisia. I have 3 children with him also. They have US citizenship through CRBA. We'd like to return to the States since my parents are getting older. I'd had no income during my time living abroad. And after reading this site, did I come to know I still had to file taxes. I also am sure we will need a co-sponsor. My questions:

1-- We've been married for 10 years exactly this year. I've read on this site, you need to provide proof of relationship. We can provide things like marriage certificate, photos, our children's birth certificates, my residence paperwork and other offical documents. Things like phone logs, chat logs, plane tickets from when we were dating, those I have long thrown away. Are they needed? Is really that much evidence needed for people filing IR-1? Don't stress too much about this. You've been married for 10 years, and that will speak for itself. The evidence you mention should be just fine. Don't worry about evidence from your dating days.

2-- Since I didn't file or pay taxes for the past 10 years, is there a chance they could deny the IR-1 visa? I ask since if not filing = automatic denial then I'd like to and save ourselves the hassle - not file. I haven't worked since 2012 and therefore haven't filed taxes since then. It was not a problem. If you have no income, there's no need to file. They will just want a statement from you about why haven't filed at the I-864 stage.

3-- I just looked on the US government website so see how much income we need to prove for the I-864. Well, since I don't have an income. And haven't had one in about 10 years I need a co-sponsor, right? My question is does the number of people in the household reflect only on how many people in the sponsor (me, the USC) OR also my household + the number of people in my co-sponsor's household? I have 5 people: Me, husband and 3 children. My co-sponsor has 2 adults + 4 children sp 6. Yes, you will definitely need a joint sponsor. The number of people in your household and the joint sponsor's household will affect things, yes. I will let someone else elaborate on this. There are plenty of I-864 experts on the forum who helped me. They will help you, too. But I will tell you that with 0 income from me and just one joint sponsor (with a six-figure salary and household of two), my AOS was approved. I was really worried that having a big fat 0 on my forms would raise red flags, but it was fine.

4-- DCF isn't offered in the country where I live, but I've this word "expedited" being used on the forums. Does this apply for filers living abroad with their spouses, where DCF isn't available? Actually what does this expedited mean anyways? That's just Visa Journey terminology. Yes, the "auto expedite" happens when you live abroad with your spouse and DCF isn't available, you are correct. I got through USCIS in two weeks thanks to living abroad in Colombia with my husband. More info here (read the first post and then skip to page 39 to see recent cases): http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

5-- And my last question is about establishing a domicile in the States again. Do I need to actually return to the States to live, while the petition is being processed? OR is opening a bank account, promise of a job or rental agreement? I ask since looking at the timelines on this site, I see many have waited for a year or 1 1/2 year. While I can be patient, I'd like to keep the family together, not seperated. This varies embassy to embassy. Sometimes rental agreements, jobs, bank accounts, etc. are enough, and sometimes they aren't. I had a bank account, a mutual fund, my voter's registration, evidence that I was studying towards an American certification, and that's about it. No property, no car, no job. But I've only been abroad with my husband a little more than a year.

Thank you; and I appreciate all the effort that everyone has put into this site!

[TeaCup 65]

Hey everyone!

I 'm new to the site. Been looking around, trying to gather information before filing any papers. I have a few questions, if anyone could help me out abit. Little background about us:

I'm USC who has been living out of the US for 10 years. I met my husband while on vacation 11 years ago in Turkey. We got married one year later. Now married 10 years. During this time, I've lived abroad with my husband in his home country Tunisia. I have 3 children with him also. They have US citizenship through CRBA. We'd like to return to the States since my parents are getting older. I'd had no income during my time living abroad. And after reading this site, did I come to know I still had to file taxes. I also am sure we will need a co-sponsor. My questions:

1-- We've been married for 10 years exactly this year. I've read on this site, you need to provide proof of relationship. We can provide things like marriage certificate, photos, our children's birth certificates, my residence paperwork and other offical documents. Things like phone logs, chat logs, plane tickets from when we were dating, those I have long thrown away. Are they needed? Is really that much evidence needed for people filing IR-1?

2-- Since I didn't file or pay taxes for the past 10 years, is there a chance they could deny the IR-1 visa? I ask since if not filing = automatic denial then I'd like to and save ourselves the hassle - not file.

3-- I just looked on the US government website so see how much income we need to prove for the I-864. Well, since I don't have an income. And haven't had one in about 10 years I need a co-sponsor, right? My question is does the number of people in the household reflect only on how many people in the sponsor (me, the USC) OR also my household + the number of people in my co-sponsor's household? I have 5 people: Me, husband and 3 children. My co-sponsor has 2 adults + 4 children sp 6.

4-- DCF isn't offered in the country where I live, but I've this word "expedited" being used on the forums. Does this apply for filers living abroad with their spouses, where DCF isn't available? Actually what does this expedited mean anyways?

5-- And my last question is about establishing a domicile in the States again. Do I need to actually return to the States to live, while the petition is being processed? OR is opening a bank account, promise of a job or rental agreement? I ask since looking at the timelines on this site, I see many have waited for a year or 1 1/2 year. While I can be patient, I'd like to keep the family together, not seperated.

Thank you; and I appreciate all the effort that everyone has put into this site!

Someone will be able to answer you better than I can but,

1. If you are married 10 years with 3 kids and have proof of living abroad with your husband, the phone logs, chat logs etc won't be necessary.

2. I don't know

3. I think your husband and 3 kids need to be accounted for, again, I could be wrong.

4. No, expedited is when there is extreme hardship from being separated, usually granted for medical reasons, extreme financial difficulties, or militiary basis, but these need to be proved.

5. My husband has lived abroad with me for 2 years, he used his bank account, absentee voters registration, updated car insurane and title saying he still owns a vehicle in the US in the care of his mother, and we had his mother write a letter stating we will be returning and living with her until we find a place of our own, this was all accepted for us, so I think a bank account, job offer and a house lease will be enough.

Hopefully someone can inform you better.

[NikLR 13,220]

Just to clarify for question 3, no your family is NOT included. A JOINT sponsor, the correct term for use with the I-864, looks at the joint sponsor, their spouse, their dependents (including children and anyone they claim on taxes or have filed an I-864 for in the past) PLUS the immigrant(s). In this case the only immigrant is the husband so the joint sponsor would only need to count one more person on their household count.

US citizens never immigrate to the USA, they move, and are always entitled to use means tested benefits which is what the I-864 is about. It's a form to protect the US people's tax dollars.

The OP's i-864 would count 5 people and the joint sponsor would count 7. If other spouse works then they would use their household income (from both spouses) not just one person's.

[NikLR 13,220]

You will need to make some effort to show you are trying to reestablish domicile in the USA, however generally speaking the effort needed for overseas countries is much smaller than you'd need for Canada for example. Most of it can be done with a single visit to the USA, get a driver's license, open a bank account (fees are needed to be paid from a US bank btw, so this may be better to do sooner than later), look for places to buy or lease, enroll the children in school, and you're done pretty much.

[NicoleAhmed 0]

Thank you everyone for replying TeaCup, Abby&Mario and NLR.

i've read about "auto-expedition" on this thread here: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad. Most of the people on here are from South America and Europe. That's where I got this idea from? I don't have any medical reason to expeditate our file. I'm just curious to know the timeframe so we can get our affairs in order. Does it matter from the USC is living in regards to this "auto-expedition"?

NLR: About the I-864. I'm sorry I must be a total idiot but I'm really not understanding it at all. My husband is the sole provider for my family here in Tunisia. We're a household of 5. I don't work or earn any income. Only my husband. My children and I are USCs. My husband is not. I am only to going to file for him. The person willing to help us with the file, the co-sponsor/ joint sponsor he has a household of 6 people one working adult with 5 dependents. So can my husband's income (in Tunisia) be counted or only income earned by me the USC or income earned in the US by the USC petitioner or joint sponsor? And again I'm sorry I'm really not understand whose household do I need to prove here? Mine, just my husband or mine and the jointsponsor's? There's a huge difference between $35,000 and $75,000.

Is there a forum just for the I-864 on this site? I'm not seeing one. Thank you again for all the help!

[Abby&Mario 100]

Thank you everyone for replying TeaCup, Abby&Mario and NLR.

i've read about "auto-expedition" on this thread here: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad. Most of the people on here are from South America and Europe. That's where I got this idea from? I don't have any medical reason to expeditate our file. I'm just curious to know the timeframe so we can get our affairs in order. Does it matter from the USC is living in regards to this "auto-expedition"?

NLR: About the I-864. I'm sorry I must be a total idiot but I'm really not understanding it at all. My husband is the sole provider for my family here in Tunisia. We're a household of 5. I don't work or earn any income. Only my husband. My children and I are USCs. My husband is not. I am only to going to file for him. The person willing to help us with the file, the co-sponsor/ joint sponsor he has a household of 6 people one working adult with 5 dependents. So can my husband's income (in Tunisia) be counted or only income earned by me the USC or income earned in the US by the USC petitioner or joint sponsor? And again I'm sorry I'm really not understand whose household do I need to prove here? Mine, just my husband or mine and the jointsponsor's? There's a huge difference between $35,000 and $75,000.

Is there a forum just for the I-864 on this site? I'm not seeing one. Thank you again for all the help!

I should have been more clear in my answer about the expedite stuff. "Expedite" is NOT just a Visa Journey term, but "auto expedite" is. Auto expedition is what you would almost certainly get get since you live abroad with your foreign spouse. USCIS has been "auto expediting" again since April of this year, but it's not something they make public or put on their web site or anything like that. As you may have seen in that link, they started in 2012, stopped for a while and then started up again. And on the last page of the thread alone I see auto-expedited cases from Namibia, Pakistan, Japan and Ghana, so I don't think you would be singled out for not living in Europe or Latin America.

Lots of people feel like an idiot when it comes to the I-864 stuff. You're not alone! I hated, hated, hated it. My joint sponsor has to do some pretty complicated tax stuff every year due to the nature of his income, and even he filled out something wrong that neither of us caught. There is no sub forum, but if you post your questions under the IR-1/CR-1 Spouse Visa Process and Procedures forum (where you posted this question), people will help you. I would also suggest using the search function before you post, because a lot of people ask the same stuff over and over and the answers are often out there floating around already.

One last thing: No one can give you a super accurate time frame for how long this stuff will take. We blew through USCIS, which was a huge surprise to us (I'm the first auto-expedited case from 2014 on the forum), but got to NVC right at the start of the backlog and were stuck there for six months. If you hang around, you could very well see people who started after you blow past you and see yourself blow past others who got their docs in before you. It can be very confusing. All you can do is prepare the best you can so you don't cause yourself delays by filling out forms wrong, and check in with the forum to stay up to date. Good luck!

Edited November 11, 2014 by Abby&Mario

[NicoleAhmed 0]

Thank you so much Abby & Mario! Feeling less of an idiot now If I have any more questions I'll search before posting and post about further I-864 questions seperately in this forum. Thank you again. And you also wishing you the best of luck !!!

[NikLR 13,220]

Thank you everyone for replying TeaCup, Abby&Mario and NLR.

i've read about "auto-expedition" on this thread here: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad. Most of the people on here are from South America and Europe. That's where I got this idea from? I don't have any medical reason to expeditate our file. I'm just curious to know the timeframe so we can get our affairs in order. Does it matter from the USC is living in regards to this "auto-expedition"?

NLR: About the I-864. I'm sorry I must be a total idiot but I'm really not understanding it at all. My husband is the sole provider for my family here in Tunisia. We're a household of 5. I don't work or earn any income. Only my husband. My children and I are USCs. My husband is not. I am only to going to file for him. The person willing to help us with the file, the co-sponsor/ joint sponsor he has a household of 6 people one working adult with 5 dependents. So can my husband's income (in Tunisia) be counted or only income earned by me the USC or income earned in the US by the USC petitioner or joint sponsor? And again I'm sorry I'm really not understand whose household do I need to prove here? Mine, just my husband or mine and the jointsponsor's? There's a huge difference between $35,000 and $75,000.

Is there a forum just for the I-864 on this site? I'm not seeing one. Thank you again for all the help!

Your husband's income cannot be counted, it will not continue in the USA.

Even if you worked in Tunisia your income would only be counted if it continued after you moved to the USA.

You must as the USC petitioner, submit an I-864. You have to have a household count on the I-864. Your household count is 5. You, the immigrant (your husband), and your 3 children.

You must have a joint sponsor because of the income/assets issue. You do not immigrate to the USA. Your children do not immigrate to the USA. You are US citizens. Your husband is the only person is who immigrating to the USA. So your joint sponsor also needs to submit an I-864, and their household count adds ONLY your husband, not your entire family. If they have 6 people already in their family, then you add the immigrant and that is 7 people for the poverty guidelines.

If your joint sponsor is NOT in the military they need to make $45037 per year, before taxes, to qualify as your joint sponsor. That figure will likely go up in March of 2015. That is minimum and a consulate or embassy can request they make more.

As per the auto expedite.

The auto expedite happens if the USC lives abroad with the beneficiary, and if the I-130 is sent to the California Service Center, but it is in no way guaranteed. The USCIS will deny it exists. You cannot request for your I-130 to be sent to a particular service center. It's luck of the draw.

Personally I would stop worrying about the I-864 until after you file the I-130.