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Rpizarro

No taxes to file- no income!

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I have tried searching for the answer to this, but can’t find something pertaining to our situation.

 

I want to make a petition for my alien spouse. We both live abroad and have done so continuously since our marriage. I have no tax returns for the year of 2018 because I did not work. I have a joint sponsor lined up who makes beyond than the 125% guideline.

 

Will there be repercussions for this? Foreign Husband does make income, but it is very low. (He has no SSN or ITIN)  We get by, nonetheless, as the cost of living is dirt cheap.

 

Does anyone have a personal experience with a similar situation?  Please share your words!

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If your income was too low to file you just need to provide a statement to that effect when you complete the I-864. You are still the sponsor as the spouse, but you will need a joint sponsor as your earnings are not enough to count. Unless you gave substantial assets? 

 

Another thing that you need to do is demonstrate your intent to re-establish domicile in the US. Have you started looking into that?


 

 

 

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Posted (edited)
4 minutes ago, JFH said:

If your income was too low to file you just need to provide a statement to that effect when you complete the I-864. You are still the sponsor as the spouse, but you will need a joint sponsor as your earnings are not enough to count. Unless you gave substantial assets? 

 

Another thing that you need to do is demonstrate your intent to re-establish domicile in the US. Have you started looking into that?

Thanks for your reply:

 

no substantial assets, no. 

 

I’m glad you brought that up, I was wondering: Can a letter of good faith explaining my intent to restablish domicile suffice? I have maintained my us bank account, credit cards, drivers license while abroad. Planning to stay with my parents for the first couple of months if he is approved for the green card. Can I use their address as a established place of residence for the future?

Edited by Rpizarro

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7 minutes ago, Rpizarro said:

Will there be repercussions for this? Foreign Husband does make income, but it is very low. (He has no SSN or ITIN)  We get by, nonetheless, as the cost of living is dirt cheap.

You will definitely need a joint sponsor.  Even then, a Consulate Officer will make a determination regarding the public charge issue based the totality of your financial situation.  @JFH made a good point about US domicile requirements........and remember-  It is expensive to live in the US.  Many people find it easier for the US citizen spouse to move to the US, establish domicile, and start generating a US based income......good luck.

 


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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2 minutes ago, Rpizarro said:

I have maintained my us bank account, credit cards, drivers license while abroad.

In my opinion, you have the domicile issue satisfied.......next comes the practical financial issues of supporting a family in the US....


                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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1 minute ago, missileman said:

public charge issue based the totality of your financial situation

Thanks- I have heard about this public charge issue. But I don’t understand the purpose of the joint sponsor if we can still get hit with this charge? Wouldn’t the joint sponsor be legally binded to us and have to pay the cost of any ‘public charges’ we would make (We definitely don’t plan on doing this! Just wondering why give the option of the joint sponsor if they have the risk of barring us anyway?) 

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Posted (edited)
5 minutes ago, missileman said:

In my opinion, you have the domicile issue satisfied.......next comes the practical financial issues of supporting a family in the US....

I definitely hear you about the financial issues. However, Leaving my husband here, for me to reestablish US income again is just not an option for us. 😢 Are there any other suggestions? I will definitely be able to find work once I return. I am on the roster for many Online English tutoring companies and ready to sign back on at any time, once back in the states.

Edited by Rpizarro

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Just now, Rpizarro said:

Thanks- I have heard about this public charge issue. But I don’t understand the purpose of the joint sponsor if we can still get hit with this charge? Wouldn’t the joint sponsor be legally binded to us and have to pay the cost of any ‘public charges’ we would make (We definitely don’t plan on doing this! Just wondering why give the option of the joint sponsor if they have the risk of barring us anyway?) 

It's a decision by the CO if it logically makes sense that the joint sponsor would 1) actually provide said support (e.g. somebody close to you is more likely to do so) and 2) Has the financial means to do so (the I-864 only has minimum income levels for consideration, not approval).


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

12/1/16: sent

12/14/16: 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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Even with zero income you can file your taxes showing no income. I recommend this for many reasons. One is that you are doing immigration things, so being able to get a tax transcript is a good thing down the line. Another bonus is you still might qualify for a refund depending on your tax situation. I say always file, there is no harm in doing so.

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42 minutes ago, Rpizarro said:

Thanks for your reply:

 

no substantial assets, no. 

 

I’m glad you brought that up, I was wondering: Can a letter of good faith explaining my intent to restablish domicile suffice? I have maintained my us bank account, credit cards, drivers license while abroad. Planning to stay with my parents for the first couple of months if he is approved for the green card. Can I use their address as a established place of residence for the future?

I would get your parents to draw up a statement that you will be living with them until you find your own place. Have you applied for any jobs yet?


 

 

 

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Posted (edited)
3 hours ago, JFH said:

I would get your parents to draw up a statement that you will be living with them until you find your own place. Have you applied for any jobs yet?

Thanks for your suggestions. I will definitely do that. Can that just be drawn up on Word, printed and signed by them? 

 

As far as applying for jobs, does self employment count? (Working online teaching English?) I will be able to start working at once, when I am in the states with my husband. Or a few months before the interview if necessary.

 

(BTW, we are just in the very beginning stages before filing the petition. Having our marriage certificate corrected and legalizing his birth certificate back in Haiti- this will take a while 😒)

Edited by Rpizarro

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2 hours ago, Rpizarro said:

Working online teaching English?

You can teach English online now, no need to be living in the US to teach online.  And if you haven't filed a petition yet, you have a long time (7-10 months at least) to wait and start earning more US-based income.  There may be US-based organizations willing to hire you based on your US address, even if you continue to live abroad.  Then after the petition is approved you can show greater current income at the NVC stage of the process and eventually the interview.  Good luck!

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On 17/5/2019 at 13:39, Rpizarro said:

Gracias por sus sugerencias Definitivamente voy a hacer eso. ¿Puede eso ser redactado en Word, impreso y firmado por ellos? 

 

En cuanto a la solicitud de empleo, ¿cuenta el autoempleo? (¿Trabaja en línea enseñando inglés?) Podré comenzar a trabajar de inmediato, cuando esté en los Estados Unidos con mi esposo. O unos meses antes de la entrevista si es necesario.

 

(Por cierto, estamos en las primeras etapas antes de presentar la petición. Tener nuestro certificado de matrimonio corregido y legalizar su certificado de nacimiento en Haití, esto llevará un tiempo 😒 )

Greetings, I ran into your questions and identified myself as this in the same situation; Last month he deposited I-130 at the consulate of Santo Domingo. You could have done it?

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