Possible to enter US seven months after marriage abroad?

[lost_at_sea 995]

So, the interesting thing is... not all field offices have a minimum residency time requirement anymore. London removed theirs a couple years ago (it used to be 6 months, but now they don't care so long as you have a non-tourist visa in the UK pretty much).

Looking at the Beijing and Guangzhou US embassy websites, neither mention a minimum residency duration, just that the petitioner must be able to show residency (I assume through the previously mentioned residency permit). SO, that means either China also has no minimum-time criteria, or they don't list it - EITHER WAY, it is 100% worth contacting the embassy that covers the district you'll be living in and asking.

Embassies:

http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

http://beijing.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

[blanche 2]

I think if it was me, and I understand your sort of complicated situation, I would go ahead and GET MARRIED right now to help speed things up. You can always do some kind of other ceremony in Thailand or wherever later on but right now, being married to a US citizen and living abroad - your partners chances of getting an immigrant visa are much better. I'm not sure of all your details but I think that's what I'd do. Just be aware it can take such a very long time so being married from the get-go is the best, in my opinion. I applied for my foreign husband last November and between the offices in America losing one of our papers, which added 6 more weeks to our case, then me not submitting them all fast enough, we're still waiting for him to get his immigrant visa based on marriage. And we've actually been married for 20 years and he already had a green card! Just saying - it takes a very long time to do any of this - no matter what you're situation. Good luck, though! I'd get married pronto. Most people who do a direct consular filing can shave off a few extra months from the typical wait of a year or more but you can't know now what obstacles you might run into along the way - like me with them losing one of our documents for example.

[Adil & Jeanne 296]

Make sure, as a USC, you have filed all your tax returns for the time workded outside the US

transcripts of the last 3 will be required at NVC stage

and he will need most recent one at interview

also, you need US residency for this

[simsim2 50]

Hahahaha the 3 month thing only French people seemed to be required to do is actually not so required when you leave abroad.

We didn't get the authorization to marry from the French embassy (Certificat de capacite), we just did it without it and sent our mariage certificate later. Honestly they're not so stringy for a Franco-American mariage...

[quibily 2]

Make sure, as a USC, you have filed all your tax returns for the time workded outside the US

transcripts of the last 3 will be required at NVC stage

and he will need most recent one at interview

also, you need US residency for this

I haven't read this anywhere. Can you direct me to a webpage or give me something to Google?

I have been paying Chinese taxes the five years I've been working there--but you're saying that, because I want to invite my spouse to be an immigrant, I have to do five years' worth of American taxes? I don't understand why. Why not ask for all my taxes, then? Once they're filed, the US has them.

Or do you just mean I need to fill out the tax form, not file them?

Would that mean he'd have to fill out French tax forms for the past four years he's been in China?

[Penguin_ie 5,988]

I haven't read this anywhere. Can you direct me to a webpage or give me something to Google?

I have been paying Chinese taxes the five years I've been working there--but you're saying that, because I want to invite my spouse to be an immigrant, I have to do five years' worth of American taxes? I don't understand why. Why not ask for all my taxes, then? Once they're filed, the US has them.

Or do you just mean I need to fill out the tax form, not file them?

Would that mean he'd have to fill out French tax forms for the past four years he's been in China?

All US citizens are required to file taxes, whether they live in the USA or abroad. You can look up hthe IRS website for the details. But you won;t need to PAY any taxes in most cases, just file a foreign income tax return with the IRS.

[quibily 2]

I have looked up the tax thing and was confirmed by a specialist who did my taxes for me that it wasn't necessary I file since I was abroad, working for a non-American company.

Edited August 31, 2016 by quibily

[quibily 2]

Make sure, as a USC, you have filed all your tax returns for the time workded outside the US

transcripts of the last 3 will be required at NVC stage

and he will need most recent one at interview

also, you need US residency for this

I've been in China four years and this upcoming year will be number 5, so I need the last three for helping my spouse immigrate?

[NikLR 13,220]

If you make over the threshold to file anywhere in the world you must file US taxes. Pay? Probably not. File? Yes.

The NVC will not let you proceed without your taxes done or proof you didnt to file.

[quibily 2]

If you make over the threshold to file anywhere in the world you must file US taxes.

Sorry. What do you mean by this?

[lost_at_sea 995]

I have looked up the tax thing and was confirmed by a specialist who did my taxes for me that it wasn't necessary I file since I was abroad, working for a non-American company.

A US citizen anywhere in the world, no matter whether they've ever lived in the US or not, are required to file tax returns with the IRS. Many US citizens abroad don't bother (because they either don't know better or have no dealings with the USA so are unlikely to ever get caught-out), but then are surprised to find out that they needed to when they then want to do something like use the immigration system in the US.

https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad

https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

Now, this doesn't necessarily mean you have to PAY any taxes. You just have to file.

http://www.nolo.com/legal-encyclopedia/when-us-citizens-living-abroad-owe-us-tax.html

http://www.expatinfodesk.com/expat-guide/nationality-specific-information/americans/us-tax-liability/

Exceptions would be when you have had no income at all, more or less, as the threshold is rather low (links above show exclusion amounts).

Sorry. What do you mean by this?

NLR means that you've made enough that you'd have to file a tax return. Unemployed people and students, for example, with no income, wouldn't have anything to file.

Edited August 31, 2016 by lost_at_sea

[quibily 2]

I suppose we think this because Europeans don't have to file when they are abroad. My friends from the U.K. didn't even have to pay the monthly payments from student loans.

Right, I get the distinction between paying and filing. I'm not worried about paying so much as spending (pun intended) extra time on paperwork.

I'm assuming I don't have to worry about state taxes, as well?

Edited August 31, 2016 by quibily

[lost_at_sea 995]

I suppose we think this because Europeans don't have to file when they are abroad. My friends from the U.K. didn't even have to pay the monthly payments from student loans.

Right, I get the distinction between paying and filing. I'm not worried about paying so much as spending (pun intended) extra time on paperwork.

I'm assuming I don't have to worry about state taxes, as well?

Well, technically, the terms of UK Student loans say that you're supposed to pay them off in full before you leave or make a new payment deal with them - but again, a lot of people don't do this and they never notice. I had a tiny bit outstanding before I emmigrated and made a point of paying it off in full before I left. http://www.studentloanrepayment.co.uk/portal/page?_pageid=93,6678653&_dad=portal&_schema=portal

State you don't have to worry about because you haven't been resident in any state for so long, and not all states have their own tax, anyway.

Edited August 31, 2016 by lost_at_sea

[quibily 2]

Gosh, so many nice thoughts being crushed in this thread ....

State you don't have to worry about because you haven't been resident in any state for so long, and not all states have their own tax, anyway.

Baby, I'm from Illinois. It would NOT surprise me.

Edited August 31, 2016 by quibily

[lost_at_sea 995]

Gosh, so many nice thoughts being crushed in this thread ....

Baby, I'm from Illinois. It would NOT surprise me.

Well, you might want to mention it to your UK friends - wouldn't want them landed with some nasty bill for failing to pay what they're supposed to.

Anyway - you can check with Illinois.

http://www.usexpattaxhelp.com/Expat-State-Tax-Return.php

http://www.revenue.state.il.us/individuals/filingrequirements/

I don't think you need to. I don't think you'd count as an Illinois resident after 4 years away! You don't have a home there, right?