Complicated visa situation

[Kris78 0]

Hi

 

I'm obviously new here but maybe I can find some help here regarding my situation, I'll try to add the relevant information to help. I am a US citizen born in the United states but due to tragic circumstances was forced to leave the US for Germany at the age of 10. I am now currently planning to finally relocate to the US as a US citizen and want to bring my wife and 2 children with me. None of them are US citizens. I have already started the whole application process and my/our I-130 application was approved. But this is the part where things got very confusing for me, and I have also noticed mistakes that I made in the I-864 which was just recently sent to the embassy.

1. Sadly only after reviewing the form again today did I notice that I somehow managed to create a household size of 7 (which should be 4 the way I see it.. wife, me, 2 kids). I am still quite confused about how to fill it out correctly and I have no idea how the embassy might react to the mistakes 😕

2. The other possible problem is that I can't provide the requested IRS tax returns directly. In the checklist for the required documents it is specifically mentioned to add the IRS transcript of the latest tax return should be added which can be obtained from the IRS (https://www.irs.gov/individuals/get-transcript) Due to my early departure from the US and the following loss of my remaining US family members I wasn't aware of my international tax obligation as a US citizen. This has been just recently corrected by going through the streamlined procedure (https://www.irs.gov/individuals/international-taxpayers/streamlined-filing-compliance-procedures). This is obviously handled differently by the IRS then regular tax filing. I can't even request one of these transcripts because I can't match all requirements for the online or the mail request version.

 

Currently I'm starting to wonder if this is all futile and that I might not even be eligible to bring my wife and kids with me to the US? I've been considering engaging legal help but don't really know where to turn to in these matters. Maybe some people here can save me from this insane bureaucratic maze called visa-application and point me in the right directions

 

 

[Nitas_man 3,100]

You have two choices on the tax side:

 

1 transcripts

2 copy of the complete filed tax package

 

You can attach a full and complete copy of the forms you filed with the IRS.

 

I am not sure at all how your household size reached 7?  It seems like you counted the household then added the 3 immigrants again.  So on the form part 5 line 1 the number is 3.  Under persons not sponsored you are (1) and your wife and children are NOT listed again there.  

 

So line 1 (3 persons sponsored) plus yourself (1 person NOT sponsored) = 4.

 I am (guessing) that you listed your wife and children below yourself in “persons not sponsored”.

 

Do you work for a US company and are you transferring to the US?  Unless you are, your income in Germany is discounted and  your non-US income is assumed to be zero.  You need liquid assets (preferably parked over in the US) equal to 3x the required income level to overcome that. 

[pushbrk 12,092]

7 minutes ago, Nitas_man said:

You have two choices on the tax side:

 

1 transcripts

2 copy of the complete filed tax package

 

You can attach a full and complete copy of the forms you filed with the IRS.

 

I am not sure at all how your household size reached 7?  It seems like you counted the household then added the 3 immigrants again.  So on the form part 5 line 1 the number is 3.  Under persons not sponsored you are (1) and your wife and children are NOT listed again there.  

 

So line 1 (3 persons sponsored) plus yourself (1 person NOT sponsored) = 4.

 I am (guessing) that you listed your wife and children below yourself in “persons not sponsored”.

 

Do you work for a US company and are you transferring to the US?  Unless you are, your income in Germany is discounted and  your non-US income is assumed to be zero.  You need liquid assets (preferably parked over in the US) equal to 3x the required income level to overcome that. 

The above is a good answer.  I'll add some detail.  First, If your income is not continuing from the same source once you are in the USA, then you have zero current income for these forms and unless you've got a lot of cash, you're going to need a qualified joint sponsor.

 

Complete THREE NEW and CORRECT I-864 forms (one for each immigrant) and TAKE it to the interview.  Yes, take a copy of what you filed regarding taxes or upload it, or both.  Don't count anybody twice on the forms.  Each form is only going to show a household of 4.  Do not list any other family members names as being sponsored.  Each form sponsors ONE person, and lists the others as applicable.  Count your wife as wife on the children's forms, but she is already the sponsored immigrant on her own form.  On each child's form, count only one child and one wife.  The other child is already the sponsored immigrant.  Your household size will then be correct.

 

Last, if you did not file separate I-130 forms for each immigrant, you're going to need to do that before proceeding further.  HOWEVER, if you do not qualify financially with current income that will continue from the same source and do not have a qualified joint sponsor, put a hold on your process until you go back to the US alone and get a job with qualifying income.  If you are not willing to do that, you can start over when and if you ever do.

 

Yes, you have complications.  The time to sort out how to deal with them would have been BEFORE filing, not after.  Doesn't sound like a "legal" problem or something you need a lawyer for though.  Lawyers can't change facts.  It's your facts that are causing the complications.

[Kris78 0]

I was looking for an edit button to add some info but couldn't find one

 

I added the complete filing package from the CPA, since it's 3 years of tax returns for the streamlined procedure I just added them all.

I'd have to go through the file again to find out where I exactly messed up but it's something like you said. The question is, what does USCIS say to a big mistake like that?

 

I am a dual citizen US/Germany, I've worked in Germany as a German all my adult life until last summer when I took a year off to take care of my youngest daughter. I had/have no intention of returning to that company but instead for various reasons decided to apply for a visa for my wife and kids. I am therefore primarily using assets from a recent inheritance which is in cash on my and my wife's German checking accounts. I added 2000$ yearly income which I still receive from being co-owner of land in Germany and receiving a yearly lease, this income is stated on my recently filed tax returns. The land itself wasn't added as an asset. The entered cash value of the assets resulted in ~250,000$ according to the exchange rate for June from the US-Treasury website. From what I read that should be sufficient for my wife and a 12 and 4 year old child.

 

I could take up work again here in Germany on quite short notice (electrical engineer, somewhat high demand here). But I would prefer to start actively setting up residence in the US instead.

[Kris78 0]

The legal help was referring to someone who understands this and knows how to fill out the forms correctly and can help me do that for a fee.

 

Regarding the filing, I only filed 1 I-130 which contained my wife and two children and the I-130a for my wife. I was told at the Consulate General in Frankfurt that I don't have to apply for my dependent children separately.

But since it is 2am here I will have to table this for now, I'll get back with the documents for more accurate information on the subject.

Edited July 19, 2019 by Kris78

[pushbrk 12,092]

8 minutes ago, Kris78 said:

The legal help was referring to someone who understands this and knows how to fill out the forms correctly and can help me do that for a fee.

I just told you how to complete the forms correctly.  Your liquid assets need to be documented but that should be easy and they are sufficient.

 

Did you file 3 I-130 forms or just one?  USCIS is not going to evaluate your affidavits of support.  A Consular Officer will.  Take correct affidavits to the interview or send them if requested before.

Edited July 19, 2019 by pushbrk

[Kris78 0]

see above edited post, 1 I-130 and 1 I-130a

[Kris78 0]

2 minutes ago, pushbrk said:

I just told you how to complete the forms correctly.  Your liquid assets need to be documented but that should be easy and they are sufficient.

 

Did you file 3 I-130 forms or just one?

Thanks about that

[pushbrk 12,092]

1 minute ago, Kris78 said:

Thanks about that

How many I-130 forms did you file?

[pushbrk 12,092]

Just to note a couple things you may not already understand.  Your children will receive IR2 visa and when they enter the USA with you or after you, then you simply apply for US Passports for them.  They ARE citizens at that point, even though they are not now.  Your wife will get a green card.  Citizenship for her will become an OPTION, in three years.

[Kris78 0]

My current interest in the subject allows for some overtime.

 

1 I-130 + I-130a was filed on Oct. 23rd 2018 and approved Dec. 3rd 2018.

The I-130 listed my wife and our two children, iirc the I-130a was mostly about my wife's background parents etc.

 

Our eldest daughter is not my biological daughter and has the nationality of my wife. My wife has full custody, the father is not interested in the child.

Our younger daughter resulted from our marriage and is a German national.

 

I didn't assume that they would be able to receive citizenship so easily, especially since I am apparently not eligible to pass on my US citizenship to my children upon birth. I had assumed that this would maybe be possible at a later time but on request.

 

[NikLR 13,220]

Your daughters both need I-130s.  There are no derivatives for spouses of USC. 

Edited July 20, 2019 by NikLR

[Kris78 0]

4 minutes ago, NikLR said:

Your daughters both need I-130s.  There are no derivatives for spouses of USC. 

Interesting

 

here the response from USCIS to that question:

 

Please see checklist attached.

Your wife will have to complete form I-130A. It’s not needed for your daughter.

USCIS FRANKFURT
TH

[Kris78 0]

But besides other issues, I'm still ending up with 5 family members on the I-864 when I correct the mistake I noticed.

Or do I not enter my wife at the top in part 2 either? Part 3 is where I had mistakenly added my kids.

 

Going over that file a dozen times probably made me blind for some things, I had focused mostly on the taxes and the assets part before sending assuming the rest was correct.

 

 

[Kris78 0]

1 hour ago, Nitas_man said:

You have two choices on the tax side:

 

1 transcripts

2 copy of the complete filed tax package

 

You can attach a full and complete copy of the forms you filed with the IRS.

 

I am not sure at all how your household size reached 7?  It seems like you counted the household then added the 3 immigrants again.  So on the form part 5 line 1 the number is 3.  Under persons not sponsored you are (1) and your wife and children are NOT listed again there.  

 

So line 1 (3 persons sponsored) plus yourself (1 person NOT sponsored) = 4.

 I am (guessing) that you listed your wife and children below yourself in “persons not sponsored”.

 

Do you work for a US company and are you transferring to the US?  Unless you are, your income in Germany is discounted and  your non-US income is assumed to be zero.  You need liquid assets (preferably parked over in the US) equal to 3x the required income level to overcome that. 

Yes exactly, as obviously shown in the previously uploaded pic.

Thank you!