SB1 visa

[Just Paul 4,591]

5 minutes ago, Shadow Moon said:

@Paul & Mary So this means I can't file this yr anymore?

 

You can file all of the past due returns.  You just mail them in like every other citizen or LPR is supposed to.   You may also be liable for FACTA filings.

[Nitas_man 3,100]

3 hours ago, Shadow Moon said:

@Boiler with all honesty yes. They said yes it is part of the requirements but the judgement of that doesn't rely only on that statement alone. For they said they've got cases in which the LPR who applied for sb1 didnt filed any taxes nor have any properties but were able to return. Now I need to tell of these to the Immigration lawyers In order for me to get the complete professional advise. Otherwise that would be a huge headache for me.  So, yea they said that wasn't the only factor that an officer is basing at

Have you ever seen this form before?

 

 

[Shadow Moon 2]

@Paul & Mary Thank you very much for the Info. I honestly don't know any of these stuff. Kindly tell me are am I going to pay IRS or vise versa?

 

[Just Paul 4,591]

5 minutes ago, Shadow Moon said:

@Paul & Mary Thank you very much for the Info. I honestly don't know any of these stuff. Kindly tell me are am I going to pay IRS or vise versa?

 

I doubt the US owes you money.

[Shadow Moon 2]

So what is the sense of filling the tax? I don't see I owned them money cause 2017 I didn't have any work. Late 2018 I did work but the value I make money here in the Philippines are a lot lesser compared what I make in the US. So what is the sense of it? just to file my taxes that is it? I only worked for 3 months back in 2016 before I left. From JAN till 3rd week of March. Kindly explain to me how this works

 

[Just Paul 4,591]

4 minutes ago, Shadow Moon said:

So what is the sense of filling the tax? I don't see I owned them money cause 2017 I didn't have any work. Late 2018 I did work but the value I make money here in the Philippines are a lot lesser compared what I make in the US. So what is the sense of it? just to file my taxes that is it? I only worked for 3 months back in 2016 before I left. From JAN till 3rd week of March. Kindly explain to me how this works

 

well from the https://eforms.state.gov/Forms/ds117.PDF  Question 10. What continuing ties have you maintained with the United States? What efforts have you made to avoid abandoning your permanent resident status in the United States? 

 

You don't seem to have thought out keeping ties to the US.

[Nitas_man 3,100]

4 hours ago, Shadow Moon said:

@Boiler with all honesty yes. They said yes it is part of the requirements but the judgement of that doesn't rely only on that statement alone. For they said they've got cases in which the LPR who applied for sb1 didnt filed any taxes nor have any properties but were able to return. Now I need to tell of these to the Immigration lawyers In order for me to get the complete professional advise. Otherwise that would be a huge headache for me.  So, yea they said that wasn't the only factor that an officer is basing at

Taxes are required as proof you have not abandoned status.

I’m not sure you read that form?

[Unlockable 7,309]

***Posts containing inappropriate language removed.

 

VJ Moderation

[Nitas_man 3,100]

This OP,  based on shared info, does not qualify at all for SB1.  
For future readers:

If you leave for extended periods make sure you leave with a travel document.  It is de facto proof you did not intend to abandon residency

If you push it remember:  If you do not qualify for an immediate, stand alone 130 and immigrant visa you do not qualify for SB1

SB1 requires a sponsor to re-file a support affidavit.  No issue for immediate relatives but when you return your family member (think spouse) must return with you.  
Your sponsor must be in the US to sponsor you.  That rule applies to everyone.

When you are out?  Never fail to file taxes.  Foreign earned income is exempt from taxes up to $100k+ but failure to file is immediate conclusion that you have abandoned residency

Make sure you maintain US ties.  Address, Bank accounts, credit cards, property.  They will ask for evidence of everything and every bit of it should be tied to a US address that they can call right up and verify if they choose.  It can be ruinously expensive but it is definitely worth it.

SB1 is no joke.  We qualified because “accompanying USC spouse” is specifically listed, Nita was with me as “dependent not allowed to work”, and we never opened an overseas bank account or put any assets in Saudi where I was working.  I still had to file a new support affidavit and she still had to interview for the visa, added to the interview to determine if she qualified to apply for the visa in the first place.  
If you can’t just have a new I130 filed and go home ticked off by the delay you have no business pushing past a travel document expiration date.

OP can consult 100 free lawyers and all 100 will tell OP he is qualified to file an application to determine returning resident status.  OP has broken every single rule here and has a zero chance of approval.
 

 

Edited April 21, 2020 by Nitas_man

[Nitas_man 3,100]

7 hours ago, Unlockable said:

***Posts containing inappropriate language removed.

 

VJ Moderation

Well C ima post a little advice for readers who stumble on this thread if that’s OK.  I’ve been doing this immigration thing for awhile and there is almost zero info (anywhere actually) on returning resident visas and what it takes to get one.

Edited April 21, 2020 by Nitas_man

[Nitas_man 3,100]

21 hours ago, TBoneTX said:

Heed Nitas_man and jan22 in this thread.

Thanks Tex.  It’s like threading a needle getting back the easy way and to be honest I thought I was looking at several months of routine annoyance at the time.

Edited April 21, 2020 by Nitas_man

[Shadow Moon 2]

@Nitas_man Sorry for the late reply and to correct you, we can only speculate and based our opinions from our beliefs, but to pass the conclusion that there is ZERO chance? I don't think we should say that. Lawyers can not guarantee any results, now if these people who are familiar with the law and familiar with how to defend a situation can not guarantee anything, what makes you pass the conclusion that it will result in ZERO? based on your experience? based on what you've research? I do respect your opinion but again as what they said: "It ain't over till the fat lady sings". So unless you are the officer or the Immigration judge then it will just remain as a speculation.  I have read stories here in which it was ZERO but then again it went through. Situations that are worst than mine. I suggest researching more so you can see those cases.  My point is we can give our honest opinion but let us avoid if possible making a conclusion cause things happened to you that may not occur to other people. We can not pattern similarities here cause one way or another there would be differences. It is not I cant accept the fact, I do accept it!  it is what it is, but in my opinion, we can not pass a conclusion just because of our own personal exp. Otherwise, what is the sense of having an Immigration court if all circumstances are the same? I am just making my point.  

[Boiler 43,850]

The one thing I know is that there is very little certainty in Immigration matters, I have seen too many things happen that caused me to scratch your head so try not to deal in absolutes.

[Shadow Moon 2]

@Boiler   That is exactly my point!  What I've observed from other people's experiences that I've read here online was there was no certainty at all. One case, in particular, I've read 2 weeks ago was this LPR person who was gone for 2 yrs due to a medical condition. I thought " well that is a good excuse and 2 yrs is basically not that long " However, this person was denied of the SB1 and the reason was due to a long period of time. Another story I've read was this person also an LPR was gone 5 yrs taking care of his father In India. (Now this may sound similar to my story, but nop  this is not mine) he applied for sb1 visa and brought with him all his documents. Now, this is where I was really shocked, it's either this guy was telling the truth or stretching out or maybe flat out lying. He said the officer didn't even read the documents, he just asked 2 questions " Why was he gone and What is the reason coming back to the US after being gone that long " So the guy answered the questions and he got through. Now I really don't know if these stories were true, but let's assumed it was true, then that clearly shows we can not pass any conclusion to any matter on hand. Things really do have differences from one case to another. Just because it happened to you doesn't mean it may happen to the other person. Just because you've seen it happened 3 times 6 times, doesn't mean it will happen the same way in other cases. Though I've said I already sought legal advice before about this case, though it won't hurt if I decided to seek other opinions as well, in a none professional aspect. In that way I can determine clearly my next move, for all opinions professional and non-proffesional alike would be filing both hands, then I'll just going to weigh it. One of the people commented here said that my case wasn't really a " Beyond my Control situation. So I immediately spoke to a lawyer and asked that question. The lawyer said that it is beyond of my control situation because nobody asked for my father to get sick... That was also beyond my father's control.  Now, this is what the lawyer said. As far as the ties like taxes and property,  the lawyer said, though it is one of the requirements, that is not the only factor. The lawyer said the fact I still have my son, the fact that I continue my communications with him, and sent him whatever I can afford can be enough to show and prove that I still do have a social tie in the United States. Now I brought this up because I want to see your opinions about it.   

[Boiler 43,850]

One has to remember that this is the internet and one can not be certain about exactly what us being told is the truth the whole truth and nothing but the truth. 

 

I certainly have noticed inconsistencies in stories before, so tend to focus on the general trends, now is any given outlier, something that seems to counter all norms untrue, or not quite as described or did actually happen, well who knows.