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Ishmael Valdez

Living abroad but moving to the US

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Hello everyone, 

 

I'm planning to move to Florida to apply for K-1 visa for my fiancée. I'm 22 yrs old so I only have 1 tax return from the state of California due I was working online while I was outside of the country. I don't meet the income requirement but I will have a joint sponsor. In my case is it normal that people living abroad a move to the U.S just to apply for k1?
 is there a problem if a put the current address with just a 1 week or 2 of living there? is there a problem if my taxes where filled in California but I'm applying in Florida? 

 

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3 minutes ago, payxibka said:

Have you thought about marrying and petitioning for your spouse?  This bypasses the stateside adjustment required by a k1

Yes, but I have read that it takes  way more time than the k-1 and for my fiancee and I is really important to be together ASAP

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1 minute ago, Ishmael Valdez said:

Yes, but I have read that it takes  way more time than the k-1 and for my fiancee and I is really important to be together ASAP

Speed should not be your sole decision criteria.   While a k1 is faster to entry, it is NOT faster to green card, has a period of time where the alien cannot work or travel,  and is more expensive in the long term.  

 


YMMV

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Just now, Ishmael Valdez said:

Yes, but I have read that it takes  way more time than the k-1 and for my fiancee and I is really important to be together ASAP

right now it only takes a couple more months than the k-1. Plus the k-1 is much more expensive and she won't be able to work for 5-7 months after you get married in the US and file for AOS. Depending on the state she also might not be able to drive until she has her work permit. If money is tight (which having no US income and a joint sponsor points to yes) then the CR1 is probably better. She will be able to work right away when she arrives. Green cards are taking up to a year and a half to get via the AOS route so while you are together in another country i would suggest going the marriage route. 

 

Also, I'm pretty sure you have to file your US tax returns even when you are living abroad. If the income is low it won't matter too much but i'm pretty sure you have to file the taxes even if it's zero.


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4 minutes ago, payxibka said:

Speed should not be your sole decision criteria.   While a k1 is faster to entry, it is NOT faster to green card, has a period of time where the alien cannot work or travel,  and is more expensive in the long term.  

 

Thank you, I will talk to my fiancee about. 

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8 minutes ago, K & R said:

right now it only takes a couple more months than the k-1. Plus the k-1 is much more expensive and she won't be able to work for 5-7 months after you get married in the US and file for AOS. Depending on the state she also might not be able to drive until she has her work permit. If money is tight (which having no US income and a joint sponsor points to yes) then the CR1 is probably better. She will be able to work right away when she arrives. Green cards are taking up to a year and a half to get via the AOS route so while you are together in another country i would suggest going the marriage route. 

 

Also, I'm pretty sure you have to file your US tax returns even when you are living abroad. If the income is low it won't matter too much but i'm pretty sure you have to file the taxes even if it's zero.

Thanks for your comment, how long is the CR1 taking right now? is the documentation difficult to gather? If I go this route I probably get married and move to the US and we won't have much documentation together, maybe a joint bank account but I can't think of any other. 

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10 minutes ago, K & R said:

 

Also, I'm pretty sure you have to file your US tax returns even when you are living abroad. If the income is low it won't matter too much but i'm pretty sure you have to file the taxes even if it's zero.

Reasons exist why taxpayers (both stateside and abroad) are not required to file a return.  Having zero taxable income is but one.


YMMV

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