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albertoavena

Question about I-130 and I-864

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My wife and I are filing the I-130 but realized that I was following the checklist for the following:

US Citizen lives in the US & Spouse lives overseas:
----- Option 1: to_post_off.gifCR-1 / IR-1 Visa and I-130 Petition Guide

We both live overseas (Japan) and I don't live in the US and haven't for many years. We don't have a place we can call our own and we were planning on using a family members house for the time being in the application.

Japan doesn't have or offer Direct Consular Filing (DCF) services and have been told to send all the paperwork to the Chicago lockbox.

Is this OK? Can I continue using this checklist?

About the I-186, based on the checklist this website offers, I will need the I-864 for the interview and this is also written. "I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required."

I've been living here before and after marriage (in Japan) and haven't worked in the U.S. for many years. I also don't have a job in the U.S. yet and wasn't thinking about looking for work until after the interview and the OK from immigration to move.

Will this be a problem? I have no idea where to get my U.S. tax returns.

Please advise.

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I'm also a spouse living overseas while applying for a cr1 visa.

For the I130 I used my Turkish address as that's where I physically am. I also included my residence permit to show I am legally living here. (Because I had been here longer than 6 months, some people have told me that this made the petition approved faster as it was sent to California. I don't know if that's really the case, but we were expecting it to take 6 months and it only took a few weeks after delivery. So I'd recommend you using that as your address on i130 petition.

While that's in process at USCIS, you could start looking at the I864, for this you will need to have an address in the states, which could be a friend or family member, whoever is okay with it.

You can find tax transcripts on the IRS website. You'll have to know the address of your last filed return. (If it's one from abroad you might have to have them faxed to you by calling a not so helpful help line... This took me about four phone calls to finally get what I needed. International faxing seems a bit difficult for them...)

You will probably need a joint sponsor for the i864, unless your income in Japan will continue after you've arrived in the USA. This can be a friend or family member, but they are making a large commitment of supporting your spouse if you are unable to.

You will need to prove your domicile in the US for the NVC process. I did this by creating a lease with my father. He is agreeing for us to stay with him until we have our own place to live as long as we help with certain utilities and what not. He created a doc and the three of us signed it. I also included a letter explains numerous possessions in a rental unit waiting our return (like furniture). I also included bank statements showing I continued to have money in the USA, and proof that I have been keeping up with my financial responsibilities in the USA like student loans. Other ideas are enrolling your children in an American school, finding a job and a place to live.

Good luck!

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