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US sponsor moving to US during K-1 process

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Hey guys, 

 

I searched the forums but haven't found many similar cases to mine, at least not close enough.

I am a US citizen and I have been living with my now fiancee in Brazil, for 3 years now. So I have been living abroad and outside the US for the whole time. In 2018 I didn't even go to the US.

But now I want to move back to the US with her because I miss it a lot and because of my professional life and career. 

We already filed a few months back and now at NOA1, waiting for NOA2. 

 

What is not clear to me is how to present our case. My questions are:

-Is it okay to say I have been out of the US for a long time and now we are planning to move back together? I read similar cases but never understood how to present the case properly during the interviews.

-I haven't had income in the US for about 3 years but this year I have some descent income as a freelancer (I have just started an LLC). Does that work for the affidavit of support?

-I am moving back a few months before her, in January 2019. So I can set up, fina an apartment etc... Does that help in any way, does it make any difference?

 

thanks in advance

 

 

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It is ok to move back to the US.   You need to pay and file US taxes for the time you were gone.  US taxes are collected on worldwide income.  The rest of the stuff doesn't matter.   You have to be a US Citizen and  show you can support yourself and fiancee.  Your current income is most important.  Go look at the guide at the top of the page and see what is needed.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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In order for your income to be counted, it needs to continue form the same source upon returning to the US.

As a freelancer - assuming this means self-employed - they will use your most recent year's income tax return to determine in your current income.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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31 minutes ago, brazilk1visa said:

Hey guys, 

 

I searched the forums but haven't found many similar cases to mine, at least not close enough.

I am a US citizen and I have been living with my now fiancee in Brazil, for 3 years now. So I have been living abroad and outside the US for the whole time. In 2018 I didn't even go to the US.

But now I want to move back to the US with her because I miss it a lot and because of my professional life and career. 

We already filed a few months back and now at NOA1, waiting for NOA2. 

 

What is not clear to me is how to present our case. My questions are:

-Is it okay to say I have been out of the US for a long time and now we are planning to move back together? I read similar cases but never understood how to present the case properly during the interviews.

-I haven't had income in the US for about 3 years but this year I have some descent income as a freelancer (I have just started an LLC). Does that work for the affidavit of support?

-I am moving back a few months before her, in January 2019. So I can set up, fina an apartment etc... Does that help in any way, does it make any difference?

 

thanks in advance

 

 

the most important  thing is you proving your are domicile in the U.S. ones that is done you dont have any other problem. you just have to follow the normal procedures

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9 hours ago, Mr Genuis said:

the most important  thing is you proving your are domicile in the U.S. ones that is done you dont have any other problem. you just have to follow the normal procedures

I agree. We are in the same situation.

My Fiancé (US Citizen) is actually in a process of moving back to US from Poland. He will establish US domicile & set up a place to live and start working. 

 

As it comes to presenting the case (I assume at the Embassy) you guys should be able to explain/prove how you ended up in Brazil and prove your thighs to US. The last part will be easily demonstrated via your moving back earlier (tickets, passport stamps, apartment lease/contract).

 

good luck & safe travels!

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Thanks for the replies.

 

I guess I am mostly worried about the proof of income for the affidavit of support.

I was going to start another thread even, since it is pretty complex.

Being self-employed is a little different but would you agree that establishing residence and having self-employment based income in the last year is the priority in my case?

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8 minutes ago, brazilk1visa said:

Thanks for the replies.

 

I guess I am mostly worried about the proof of income for the affidavit of support.

I was going to start another thread even, since it is pretty complex.

Being self-employed is a little different but would you agree that establishing residence and having self-employment based income in the last year is the priority in my case?

If you did not make up to the USCIS required amount for the previous year. i advice you to do a joint affidavit of support with someone who is willing to co sponsor the immigrant to and in the U.S. meaning your immigrant will have to submit an affidavit with two sponsors and their tax return to reach the amount above the minimuim poverty level of the state he/she plans to stay. I will advice you to check affidaavit of support rquirement under uscis website

Edited by Mr Genuis
Added more information

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21 minutes ago, Mr Genuis said:

If you did not make up to the USCIS required amount for the previous year. i advice you to do a joint affidavit of support with someone who is willing to co sponsor the immigrant to and in the U.S. meaning your immigrant will have to submit an affidavit with two sponsors and their tax return to reach the amount above the minimuim poverty level of the state he/she plans to stay. I will advice you to check affidaavit of support rquirement under uscis website

I actually made the minimum amount. What I am worried about is showing USCIS that I am capable to having a steady income as a self-employed freelancer. I know it says in a lot of places that all you gotta do is to show previous year's tax return if you are self-employed but how do I show I will have future contracts and steady income? I am sure I will but there is no way of proving that.

Edited by brazilk1visa

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4 minutes ago, brazilk1visa said:

I actually made the minimum amount. What I am worried about is showing USCIS that I am capable to having a steady income as a self-employed freelancer. I know it says in a lot of places that all you gotta do is to show previous year's tax return if you are self-employed but how do I show I will have future contracts and steady income? I am sure I will but there is no way of proving that.

Current income and historical trends is key.  Predictions of future events is not.   We all can quit our jobs at anytime

Edited by payxibka

YMMV

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2 minutes ago, brazilk1visa said:

I actually made the minimum amount. What I am worried about is showing USCIS that I am capable to having a steady income as a self-employed freelancer. I know it says in a lot of places that all you gotta do is to show previous year's tax return if you are self-employed but how do I show I will have future contracts and steady income? I am sure I will but there is no way of proving that.

The minimum amount may not satisfy the CO at the interview, especially since it was in Brazil and self-employed.  Lots of examples here on VJ of denial in similar circumstances.  Put yourself in the CO's position--trying to decide if you have the financial means in the US to support yourself and your fiancee/future spouse.  They look at the totality of the evidence.  You will need to show evidence of sufficient income from US sources, and I would recommend much, much more than the minimum amount, to satisfy the CO.  You could include affidavits or future contracts as evidence of future income to strengthen your case.  Or get a joint sponsor as others have said.  And make sure you have filed US income tax returns for all years you were living in Brazil, whether you owe taxes or not to the IRS.  In recent months there has been a much greater scrutiny of the"public charge" risk, so showing more US-based income for the petitioner/sponsor is becoming more of an issue.  Good luck!

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22 minutes ago, carmel34 said:

The minimum amount may not satisfy the CO at the interview, especially since it was in Brazil and self-employed.  Lots of examples here on VJ of denial in similar circumstances.  Put yourself in the CO's position--trying to decide if you have the financial means in the US to support yourself and your fiancee/future spouse.  They look at the totality of the evidence.  You will need to show evidence of sufficient income from US sources, and I would recommend much, much more than the minimum amount, to satisfy the CO.  You could include affidavits or future contracts as evidence of future income to strengthen your case.  Or get a joint sponsor as others have said.  And make sure you have filed US income tax returns for all years you were living in Brazil, whether you owe taxes or not to the IRS.  In recent months there has been a much greater scrutiny of the"public charge" risk, so showing more US-based income for the petitioner/sponsor is becoming more of an issue.  Good luck!

I understand and agree. My income was generated 100% in the US, though my US company ( an American LLC, hence my "freelancer" designation).

I could potentially claim what is called the "foreign income exclusion exemption" ( since I have been out of the US for over 330 days), but I guess that would make my return look weird. 

So I am considering not claiming the exemption and simply declaring I earned that money in US soil and pay extra taxes.

 

This is where it gets complicated, not sure how many people were in the same situation. I look through the forum and not many mentions of that.

Anyone?

 

 

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1 minute ago, brazilk1visa said:

I understand and agree. My income was generated 100% in the US, though my US company ( an American LLC, hence my "freelancer" designation).

I could potentially claim what is called the "foreign income exclusion exemption" ( since I have been out of the US for over 330 days), but I guess that would make my return look weird. 

So I am considering not claiming the exemption and simply declaring I earned that money in US soil and pay extra taxes.

 

This is where it gets complicated, not sure how many people were in the same situation. I look through the forum and not many mentions of that.

Anyone?

 

 

Do lots of research on the foreign income tax exemption and make sure you have filed US tax returns with the IRS every year, including the years when you were not a US resident.  Or hire an experienced tax accountant who knows US and Brazilian tax laws.  It's not "weird," I have done it many times before when I lived outside the US, it just takes some study to understand all the complexities of tax law for US citizens who live abroad.  Where you earned income does not matter to the IRS, they tax you on your world-wide income.  Chances are you will not have to pay back-taxes unless your income was $100K or more.  But it is important to file a return with the IRS every year as you will need this for the interview in Rio. 

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5 minutes ago, carmel34 said:

Do lots of research on the foreign income tax exemption and make sure you have filed US tax returns with the IRS every year, including the years when you were not a US resident.  Or hire an experienced tax accountant who knows US and Brazilian tax laws.  It's not "weird," I have done it many times before when I lived outside the US, it just takes some study to understand all the complexities of tax law for US citizens who live abroad.  Where you earned income does not matter to the IRS, they tax you on your world-wide income.  Chances are you will not have to pay back-taxes unless your income was $100K or more.  But it is important to file a return with the IRS every year as you will need this for the interview in Rio. 

Exactly , the tax exemption is around 100k. I used it for 2017 but I really don't if I should use it or not this year, since it will affect the gross income reported on my tax return. And doing my research, I realized that is what the officers look at during the interview. Some accountants will say that it is US income regardless, with or without the exemption. But my understanding is that the exemption affect your gross and net income in the tax return. 

 

That stuff is driving me crazy. My lawyer simply recommended I report all the income in the US but didn't mention any specifics.

 

I am still not sure whether or not I should claim this exemption...

 

 

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3 minutes ago, brazilk1visa said:

Exactly , the tax exemption is around 100k. I used it for 2017 but I really don't if I should use it or not this year, since it will affect the gross income reported on my tax return. And doing my research, I realized that is what the officers look at during the interview. Some accountants will say that it is US income regardless, with or without the exemption. But my understanding is that the exemption affect your gross and net income in the tax return. 

 

That stuff is driving me crazy. My lawyer simply recommended I report all the income in the US but didn't mention any specifics.

 

I am still not sure whether or not I should claim this exemption...

 

 

Big difference between total income and income subject to tax .  You should not penalize yourself for immigration purposes .  Other option is to amend at a later date 


YMMV

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8 minutes ago, brazilk1visa said:

Some accountants will say that it is US income regardless, with or without the exemption. But my understanding is that the exemption affect your gross and net income in the tax return. 

Accountants don't (well, shouldn't) provide advice about immigration matters. The income itself, sure, but how it is treated for immigration, no.

 

I can't speak as to how they will treat the FEIE specifically in terms of the I-864, but they use line 22 of the 1040.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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