I am a american citizen but I don't live in the US

[eme 0]

I need some help, i'd be pleasure if somebody knows how can I do...

 

I am a citizen of the US because I was born there, but I've had never lived there more than few years when a I was a baby. I've been living in Venezuela since (almost) ever, so no taxes at the U.S by far. Now that i want to return to the United States to live there and work and study a Master, and also apply for the K1 visa for my fiance. I'm gonna use a Co-sponsor... So, i want to know if I still can apply the k1 visa for my fiance knowing that I have not paid any taxes yet. 

 

Thanks. 

PD: I am 25, and I'm an architect graduated in Venezuela. 

Edited January 13, 2018 by eme

[geowrian 22,344]

It depends...did you earn income requiring you to file taxes? If so, then you need to settle that before the visa can be issued. If not, then a letter stating that you were not required to file because xyz (i.e. you made below the filing thresholds) needs to be provided.

 

I'd suggest marrying (anywhere) then doing a CR-1 instead. The timeline to be together in the US is a couple months longer, but a CR-1 is superior (and cheaper) in every way, and avoids having to file for AOS.

K-1: ~9-12 months, CR-1: ~12-14 months.

 

In either case, you can start the process by filing the petition (I-129F for a K-1, I-130 for a CR-1). It will likely be the better part of a year before that is approved and the affidavit of support (I-134/I-864) comes into play.

[Hypnos 6,579]

If you're employed in Venezuela then you'll need to file back taxes, probably three years worth of them. You're unlikely to actually owe any taxes due to the reciprocal provisions of federal income tax law, but you would have to actually file before a visa could be issued.

 

If you aren't employed and haven't been in three years then, as stated, you'd need to provide a letter stating as much, and would also need a joint sponsor.

Edited January 13, 2018 by Hypnos

[eme 0]

I understand. Maybe k1 visa is not possible to us right now, so we are searching everything about the CR-1. 

 

The facts are:

- I'm a citizen (have my social security)

- I've never paid taxes at the US because I've been living in Venezuela since almost all my life

- My boyfriend doesn't have ANY visa to go to the US (he has never asked for one)

- We want to move out to the US, legally of course

- We want to get married

- I'm an employee here in Venezuela, I work as an architect. 

- My boyfriend just got his degree, he is a musician 

- An aunt of his could be our sponsor but she lives and work in Switzerland, she doesn't have anything to do whit The US. (We found that the sponsor has to be a citizen of the US, is that correct?)

- We can't or we don't want to stay longer in Venezuela (things here are very hard) that's why we are planning to go to another country where my boyfriend could stay a while until the residence arrived 

 

So, know that we now that we can't apply for the K1 visa. We  are now focusing on the CR-1, and we still have some questions for that:

 

- If we get married in anywhere not in the US, we have to ask for the CR-1 in whichever country or just in Venezuela? 

- Do I have to move to the US to ask for the CR-1 for my (then now) husband?

- Should I start to filled taxes before the C-R1?

- Is it reliable to use a Sponsor Company (I don't know if that exists) to make it possible?

 

Thanks you very much for your time. 

 

 

 

[geowrian 22,344]

2 hours ago, eme said:

I understand. Maybe k1 visa is not possible to us right now, so we are searching everything about the CR-1. 

The hurdles you have apply to both a K-1 and a CR-1. I still suggest a CR-1, but it's not because one is easier to obtain than the other.

 

2 hours ago, eme said:

- I'm a citizen (have my social security)

- I've never paid taxes at the US because I've been living in Venezuela since almost all my life

You were still required to file taxes if you earned over the minimum IRS income thresholds. USCs are taxed on worldwide income.

Most likely all the income can be excluded via the FEIE (up to ~$100k/year), but filing was still required. You should start resolving those tax issues as they will not issue either a K-1 nor CR-1 visa until this is resolved.

 

2 hours ago, eme said:

- An aunt of his could be our sponsor but she lives and work in Switzerland, she doesn't have anything to do whit The US. (We found that the sponsor has to be a citizen of the US, is that correct?)

She cannot be a sponsor then. A joint sponsor must be a USC or LPR with US domicile. A USC living abroad doesn't qualify. Part of the I-134/I-864 is showing proof of US domicile.

 

2 hours ago, eme said:

- We can't or we don't want to stay longer in Venezuela (things here are very hard) that's why we are planning to go to another country where my boyfriend could stay a while until the residence arrived 

That's fine. So long as one has legal residence (no tourist visa/status), they can interview at the embassy in that country.

 

2 hours ago, eme said:

So, know that we now that we can't apply for the K1 visa. We  are now focusing on the CR-1, and we still have some questions for that:

You can apply for a K-1 so long as you don't marry until after entering on the K-1.

 

2 hours ago, eme said:

- If we get married in anywhere not in the US, we have to ask for the CR-1 in whichever country or just in Venezuela? 

- Do I have to move to the US to ask for the CR-1 for my (then now) husband?

- Should I start to filled taxes before the C-R1?

- Is it reliable to use a Sponsor Company (I don't know if that exists) to make it possible?

1. Where you marry doesn't matter. It can be anywhere. You are not limited to apply for the visa from that country.
2. The CO will require US domicile OR sufficient intent to establish US domicile before they can issue the visa. So you can return to the US a little before the interview (i.e. a couple months probably) to establish domicile first. Or you can take actions to show that you intend to live within the US. Some examples are in the NVC wiki: http://www.visajourney.com/wiki/index.php/NVC_Process
3. You can settle the tax issue before filing the I-130 or afterwards. It needs to be resolved before they can accept the I-864, which is requested at NVC (after I-130 approval). The I-130 approval is taking ~6-9 months for approval right now.
4. I'm not entirely sure what that is, but the sponsor mus the a USC or LPR living in the US (not a company).