Just starting this journey - some initial questions

[EastMeetsWest2018 9]

Hello All,

 

Thank you for this great community. I've been reading for the past few months through Google searches on questions regarding the process and have often found myself reading answers in this forum. I have some questions that I would like to propose initially as I prepare our documentation to submit. My wife and I have been married for almost 2 years. I've been living in Singapore 2.5 years and we knew each other before I moved here after we met on my vacation. I am a 34 year old US Citizen, she is a 35 year old Malaysian Citizen/Singaporean PR.

 

Questions:

1. Proving our marriage is legitimate - My wife and I have stayed at two residences in Singapore since I have arrived. The first was renting a room which has us both listed on the lease as tenants and we moved into our Condo we live in now that I have listed only myself as the Tenant and her as the Occupier simply because in Singapore, I get favourable treatment in regards to breaking the lease if I had to for a job transfer or losing my working visa. If my wife was a Tenant rather than an occupant, then we would be on the hook no matter what for the duration of the lease even if I had to leave. Additionally, we do not have any joint accounts simply because I do not want to introduce her to the IRS regulations until we have to. However, we do live together, and have since I moved here. We have taken 20+ trips together with plane tickets, itineraries, travel insurance, and plenty of pictures to prove so. I have gotten life insurance this past year and put her as the beneficiary, and we are trying for a baby and have proof of fertility checkups if this is something that could help? Any thoughts on if our case is strong enough or if there are additional thinks we should look to submit as evidence?

 

2. Timeline -  I know that the general rule of thumb is 1 year. However, I have seen that couples living outside the USA may be a little faster. Is that true? Singapore from what I read is very fast when it comes to getting an interview and processing once it reaches the embassy. What I'm concerned about is if my wife gets pregnant through this process. I don't want to have us packing up and moving if she is 8 months pregnant when everything is approved. Do we have time after approval before having to move back in such a case? I would imagine she would want a couple of months post-delivery to recover plus the baby may need some time before being able to fly such a long distance. Is there a grace period of 6 or 12 months post-approval before we have to move back?

 

3. Affidavit of Support - Since I am not working in the USA, I don't believe that I can sponsor my wife unless I use assets or I move back first. For the record, I am a professional who makes a good living (6 figures both here and in the USA before moving here) in Engineering Management. If I provide evidence of my earning potential and my past record of being employed helpful in anyway? Or does it come down to having 3 x 125% of the poverty level for our household size? My wife and I have about ~$40K of savings plus our substantially larger retirement savings. Would I be able to count my IRA balances? They are very large and would exceed 10x the poverty level. Or would I be needing to look at my parents having to co-sponsor my wife (they would but I'd prefer not to). Our plan is to move back with my parents initially until we are setup with jobs, cars, etc... It is possible that I could transfer within my company but by no means certain (and too early to discuss this).

 

Thanks to anyone who is able to provide me with any information and answers to my questions above. I'll be happy to provide answers to others questions as I learn more about this process in the future and giveback for the support I receive!

 

[geowrian 22,337]

Welcome!

1. Showing that you live together is the best evidence IMO. I wouldn't worry so much about the lease so much as showing evidence that both of you are actually living at the same place on a regular/day-to-day basis. Joint accounts are good to have, but aren't really that big a deal for couples living abroad. I'm not entirely sure what IRS regulations would apply here based on the limited information here, but I don't see this being an issue. The evidence of living together, trips together, life insurance, etc. are good. I personally don't see the fertility checkups being useful, but others may disagree.
2. Expect roughly 12-14 months at this point...and growing. So it may be even longer than that by the time your case comes around. I've also heard some couples living outside the US may be expedited at the NVC stage, but I would not rely on this as it's not anything official AFAIK. Expect the 12-14 months or so and be happy if it's less.
   1. The visa is valid for up to 6 months from the date of the medical. You can easily delay the case at NVC for up to a year if needed, and likely at the embassy as well. Time the medical appropriately.
3. Yes, you must complete an I-864 for your wife. Your earning potential is not satisfactory for meeting the I-864 requirements,. though. They need to see current income and/or assets. Income needs to be from a source that will continue upon return to the US. To use assets, you would need 3 x 125% of the federal poverty level for your household size if using only assets.
   1. The ~$40k is insufficient...although you have the better part of a year to save up more before the I-864 will be requested by NVC. See the required income levels here (and 3x for assets): https://www.uscis.gov/system/files_force/files/form/i-864p.pdf
   2. Retirement accounts can be considered assets. You must show the current cash value...so if it's a tax-deferred IRA, this needs to take into account the penalty and taxes (estimated).
   3. The CO will look at the totality of the circumstances to determine the public charge risk of the intending immigrant. Just meeting the minimum amounts may not be sufficient in some cases...COs at some embassies are stricter than others (idk how strict Singapore is, sorry). It's probably not an issue, but I do point this item out as many individuals believe it's a binary decision based on the minimum levels.
   4. You will need to provide at least the most recent tax year's federal income tax return with the I-864. You can optionally include the 2 years prior as well. The past 3 years' income must be noted. If you did not file because you were not required to file (USCs are taxed on worldwide income), then a letter stating so should be included in lieu of the tax return. An income tax transcript is suggested as it is simpler. Alternatively, you can send the 1040 + W-2s/1099s/other schedules.
   5. If you don't meet the financial requirements, you can use any USC or LPR living in the US as a joint sponsor.

NOTE: You didn't mention this item so I will....you must show either US domicile OR sufficient intent to establish US domicile before they will issue the visa. If you haven't done so already, I suggest doing some searches here for showing domicile / intent to establish domicile.

[EastMeetsWest2018 9]

Hello Geowrian,

 

1. I'm more referring to having to report her money in regulation of FBAR/FACTA. I see no need to expose her money and activity to the IRS when she is a NRA. I of course file my tax returns yearly and do so with her listed as a NRA and I report all of my accounts as mandated by the IRS (FBAR, FACTA, etc...).  I only mentioned fertility appointments, etc... as a way to show that we are building a life together. If it isn't necessary then I'll omit it as health records do get personal. 

 

2. Time isn't so much a concern with me. We are flexible. I think 18 months (pending any pregnancies) would actually be ideal as I just got promoted and would like some time in this role before switching jobs. However, I do not want to be returning to the USA at 40 looking for work (I know 40 isn't old but as I advance my career it becomes harder to switch jobs). Singapore is an expensive city to live in and we are both thinking that once we have kids it'll be much more affordable to live in the USA and we also would like to purchase a home and start growing equity there.

 

3. If IRAs and my wife's CPF (IRA equivalent-ish fund here in Singapore that can be cashed out when she leaves tax-free) are valid assets to use for assets, then I don't see much of an issue. I know that my income potential isn't going to allow me to just omit this, I'm just hoping that it'll give the CO more comfort in assessing the risk of my wife being a "burden" to society as I do have a track record of making decent money in a good field plus the assets that I can account for. If all works out well, I'll be able to stay in the same company so that should help. But again, I can't count on that as a certainty. 

 

To your last point, I have read that I can provide intent to establish US domicile by getting an affidavit from my parents who I plan on living with upon my return stating that I will be returning. Do you have any other suggestions of how to prove that I will be returning with my wife that people have done? If I purchased a vehicle in advance perhaps? Job application or communications with companies/recruiters? I'll appreciate any advice on this point as well.

 

Thank you again for your help! 

[geowrian 22,337]

Gotcha.

1. Right, I assumed it was due to FBAR/FACTA reporting, although as an NRA I'm unaware of how that would be an issue (then again international tax law is certainly not my main focus).
2. Sounds good...you have a plan and can adapt it as needed. Forty isn't old and career mobility is more flexible now than ever IMO. You have the ability to adjust the timings pretty easily (just not sooner than the 12+ months).
   1. Singapore is a great city, but yes....high COL. I 100% know what you mean (and I only visited, so I can imagine how living there would be money-wise).
3. Understood. Yes, you would still list your current occupation and such. They just won't consider it for the 125% income level requirement. I don't think you'll have an issue overall, though.

The letter showing housing arrangements is good to include, but likely is insufficient in itself. This item is at the discretion of the CO, but generally they want to see some hard plans that you are setting up your life in the US in a way that you can't/won't just get the visa, travel to the US with your wife, then continue living abroad (since the purpose of the visa is family reunification). There's a section on domicile in the NVC guide: http://www.visajourney.com/wiki/index.php/NVC_Process

 

You can show intent to establish domicile via registering to vote, opening and/or maintaining US bank accounts and credit cards, obtaining/renewing a driver's license, obtaining insurances in the US (if/as applicable), etc. Even things like a job offer or interviews/appointments/communications with recruiters, quotes for moving expenses, etc. are fine to include as well.

[EastMeetsWest2018 9]

1. I've always maintained my bank accounts and credit cards in the USA and actively contribute and invest with my brokerage account in the USA (and report on any capital gains in my taxes). As far as my banks and credit cards know, I live in the USA still as I never bothered to tell them and was living with my parents for a few weeks before I moved out of country and just left my address as theirs (and considering I knew that would be my return destination when I moved back, saw no need to change ).

2. I didn't vote in the last election because between the candidates, I didn't want to take a day off work (not to get political but it was the only election, mid-terms included, that I opted to just not vote). However, I thought my voter registration was still valid for the last state that I lived in 2.5 years ago? Perhaps I should register to vote then?

3. Am I able to get a driver's license when I'm not living in the USA? My current license is still valid until March 2018... In theory I could somehow renew it I imagine? I just don't know how that works with me not declaring myself as a state resident for tax purposes (considering I don't live in Michigan anymore). This might be a question beyond the scope of this forum though?

 

I'll read up on the guide. However, since my intentions are completely clear to return to the USA when we get the green card, I don't think it should be hard to show the truth to the CO . 

[pushbrk 12,977]

You don't need an affidavit from your parents.  Just indicate you have bank accounts in the US and that you are filing tax returns.  Simply the fact your NRA spouse is applying for an immigrant visa, and you stating under penalty of perjury on your I-864 that you ARE domiciled (different from "residing") in the USA is sufficient for nearly all Consular IV Units except Montreal.

 

It sounds like your documentable liquid assets (combined) will alleviate the need for any joint sponsor.

[EastMeetsWest2018 9]

Hello pushbrk,

 

Thanks for the response. Would it be helpful to have a co-sponsor form in-hand in case the CO isn't convinced? My parents are definitely fine with co-sponsoring I would just rather do this on my own and not have to drag them into the bureaucracy of all this (similar to not wanting to bring my wife into the IRS reporting fun until she has to  ). This is the part that has stressed me out the most since my IRAs, although can be easily transferred to cash with a 10% penalty, fall into a grey area in terms of assets. Now that I have finally paid off all student loans at the end of last year, my wife and I may very well save up enough to exceed the 3x125% of poverty line by the time we get to that stage... but if not, I was hoping that I can fall back on them, especially since they are of significant value.  

[pushbrk 12,977]

1 hour ago, EastMeetsWest2018 said:

Hello pushbrk,

 

Thanks for the response. Would it be helpful to have a co-sponsor form in-hand in case the CO isn't convinced? My parents are definitely fine with co-sponsoring I would just rather do this on my own and not have to drag them into the bureaucracy of all this (similar to not wanting to bring my wife into the IRS reporting fun until she has to  ). This is the part that has stressed me out the most since my IRAs, although can be easily transferred to cash with a 10% penalty, fall into a grey area in terms of assets. Now that I have finally paid off all student loans at the end of last year, my wife and I may very well save up enough to exceed the 3x125% of poverty line by the time we get to that stage... but if not, I was hoping that I can fall back on them, especially since they are of significant value.  

If your non real estate assets are 10 times the income shortfall, you should be fine, but the closer your savings are the better.  Documenting your wife's liquid assets as an intending immigrant on an I-864 form has nothing to do with the IRS.  Never the twain shall meet.

[jle2234 68]

4 hours ago, EastMeetsWest2018 said:

3. Am I able to get a driver's license when I'm not living in the USA? My current license is still valid until March 2018... In theory I could somehow renew it I imagine? I just don't know how that works with me not declaring myself as a state resident for tax purposes (considering I don't live in Michigan anymore). This might be a question beyond the scope of this forum though?

This information should be available on Michigan's DMV website. My husband and I lived together outside of the U.S. for several years prior to my immigration -- his situation was very similar to yours in that he kept his father's address as his permanent address in the U.S., and maintained his U.S. bank account and investments. He was able to renew his Texas driver's license via mail using a service for residents temporarily living abroad (students, military deployed internationally, etc.). We had to jump through a few hoops to prove his identity, but it was fine.

[geowrian 22,337]

Lots of good advice above. As stated, I think you'll be fine on the financial side with assets. And the items you have for domicile should be fine as well (although i disagree with just signing the I-864 as being domiciled is enough...I've seen too many people get a 221g for this at other embassies).

[EastMeetsWest2018 9]

Yes, there has been a lot of help from the posts in this thread. Thanks to everyone for your help! I plan to submit our application by month's end.

[TBoneTX 45,536]

A post with someone's separate situation, and a reply to it, have been split from this thread into a new thread with the title "Complexities -- Advice?  [split topic]."