I-130 petition without income, or having lived in the US for many years

[MJ Woo 0]

Hi, I was born and lived in the US until about 10, then moved back to my home country (japan). I am now married with 2 kids, and am considering living in the US in the near future. 

 

I have only sparingly spent time there as an adult, in college, traveling etc. and have never worked there, therefore no tax return or income to speak of. (my husband and I can prove financial solvency, but only in our country).

 

What are the chances of successfully petitioning my husband (a Malaysian) and kids for I-130? And if if i intend to do it, what are the obstacles that need to be resolved? 

 

Thank you in advance!

[Chancy 6,233]

17 minutes ago, MJ Woo said:

I was born and lived in the US until about 10, then moved back to my home country (japan).

 

Please clarify -- you say your home country is Japan, so does that mean you are a Japanese citizen and have a Japanese passport?  Also, I assume you're older than 22?

 

[payxibka 10,044]

20 minutes ago, MJ Woo said:

Hi, I was born and lived in the US until about 10, then moved back to my home country (japan). I am now married with 2 kids, and am considering living in the US in the near future. 

 

I have only sparingly spent time there as an adult, in college, traveling etc. and have never worked there, therefore no tax return or income to speak of. (my husband and I can prove financial solvency, but only in our country).

 

What are the chances of successfully petitioning my husband (a Malaysian) and kids for I-130? And if if i intend to do it, what are the obstacles that need to be resolved? 

 

Thank you in advance!

Petition is not a problem.   Financial ability isn't demonstrated until visa interview some many months after petition approval 

[Chancy 6,233]

2 minutes ago, payxibka said:

Petition is not a problem.

 

Assuming OP is a US citizen.  Waiting for clarification from OP as Japan does not allow dual citizenship.

 

[Chancy 6,233]

US may not care, but Japan cares very much.  Citizens are required to formally renounce other nationalities when they reach 22 years old if they want to retain their Japanese citizenship.

Edited July 19, 2021 by Ryan H
Reason for edit: to remove quote of removed content

[payxibka 10,044]

1 minute ago, Chancy said:

 

US may not care, but Japan cares very much.  Citizens are required to formally renounce other nationalities when they reach 22 years old if they want to retain their Japanese citizenship.

 

Should I choose one nationality over the other after reaching 22 years old?
Answer: For information on U.S. policy on dual nationality, please read our website section on Dual Nationality. U.S. law does not contain any provisions requiring U.S. Citizens who are born with dual nationality to choose one nationality or the other when they become adults. Choosing Japanese nationality has no affect on U.S. citizenship.

[Chancy 6,233]

1 minute ago, payxibka said:

Should I choose one nationality over the other after reaching 22 years old?
Answer: For information on U.S. policy on dual nationality, please read our website section on Dual Nationality. U.S. law does not contain any provisions requiring U.S. Citizens who are born with dual nationality to choose one nationality or the other when they become adults. Choosing Japanese nationality has no affect on U.S. citizenship.

 

OP says her home country is Japan so Japanese law applies -- http://www.moj.go.jp/ENGLISH/information/tcon-01.html

 

"A person who possesses Japanese and a foreign nationality (a person of dual nationality) shall choose one nationality before he or she reaches twenty two years of age (or within two years after the day when he or she acquired the second nationality if he or she acquired such nationality after the day when he or she reached twenty years of age). If he or she fails to choose his or her nationalities, he or she may lose Japanese nationality."

 

If OP chose Japanese nationality, then the law requires formally renouncing her US citizenship.  Hence the need for clarification on the OP's choice of nationality at age 22.

 

[payxibka 10,044]

4 minutes ago, Chancy said:

 

OP says her home country is Japan so Japanese law applies -- http://www.moj.go.jp/ENGLISH/information/tcon-01.html

 

"A person who possesses Japanese and a foreign nationality (a person of dual nationality) shall choose one nationality before he or she reaches twenty two years of age (or within two years after the day when he or she acquired the second nationality if he or she acquired such nationality after the day when he or she reached twenty years of age). If he or she fails to choose his or her nationalities, he or she may lose Japanese nationality."

 

If OP chose Japanese nationality, then the law requires formally renouncing her US citizenship.  Hence the need for clarification on the OP's choice of nationality at age 22.

 

OP was born in the US and there had both upon birth.  Choosing Japanese nationality is quite different than formally renouncing.  Japanese law does not determine if a person loses citizenship of another country.   The only law that governs is the law of the country conveying citizenship,  therefore as it relates to US citizenship,  US law GOVERNS.

Edited July 17, 2021 by payxibka

[JeanneAdil 6,195]

Obsticles

Need US residency before the interview  / an actual place to live would be great

Income to support the Petition (at this point a joint sponsor who is LPR or USC)

Children should be USC to aid you so did you apply for their citizenship when born

Do you have a US passport?

US birth certifcate?

[payxibka 10,044]

4 minutes ago, JeanneAdil said:

 

Children should be USC

She may not meet the physical presence requirements to convey at birth, so it is not a given. 

[MJ Woo 0]

Hi, I've retained my US passport and citizenship. I don't live in Japan now, but in my husband's home country in Malaysia.  

Valid US passport, and US birth cert = yes. 

Children don't qualify automatically because I have not spent 2 years as an adult in the US. So need to go through similar process. 

regarding a joint sponsor, can a friend who is not a green card holder and not a citizen be a sponsor? 

US residency: can i just use a friend's address or would i need to show proof of a rental place, etc.?

[Chancy 6,233]

1 minute ago, payxibka said:

OP was born in the US and there had both upon birth.  Choosing Japanese nationality is quite different than formally renouncing.  

 

My point is that Japanese law requires formally renouncing other nationalities if the choice is to remain Japanese.  It is specified in that Ministry of Justice page I linked above.  If she did not formally renounce her US citizenship yet has a Japanese passport, then that means she did not comply with Japanese law.

 

That said, you are right that the US does not care whether she complies with Japanese law concerning her nationality.  So technically, this will not be an obstacle to her family immigrating to the US.  Even so, it would still be a violation of law, though not US ones.

 

[jan22 2,898]

16 minutes ago, Chancy said:

 

OP says her home country is Japan so Japanese law applies -- http://www.moj.go.jp/ENGLISH/information/tcon-01.html

 

"A person who possesses Japanese and a foreign nationality (a person of dual nationality) shall choose one nationality before he or she reaches twenty two years of age (or within two years after the day when he or she acquired the second nationality if he or she acquired such nationality after the day when he or she reached twenty years of age). If he or she fails to choose his or her nationalities, he or she may lose Japanese nationality."

 

If OP chose Japanese nationality, then the law requires formally renouncing her US citizenship.  Hence the need for clarification on the OP's choice of nationality at age 22.

 

What is done to choose Japanese nationality may or may not have an effect on US citizenship.  If the renunciation of US citizenship is only done in front of a Japanese official, it has no effect on US citizenship.  If it is done under oath in front of a US consular officer, with a clear intent of relinquishing US citizenship, it results in the loss of US citizenship.  I don't know about Japan specifically, but in most countries it is the former (i.e., a process only with the foreign official).

 

Likely of more concern is the statement that there's never been a US tax return because she's never worked in the US.  It looks like the OP is unaware of the need to file US tax returns on worldwide income (may or may not actually owe taxes, but must file).  

 

 

Edited July 17, 2021 by jan22

[Lucky2Lucky 2,526]

51 minutes ago, MJ Woo said:

Hi, I was born and lived in the US until about 10, then moved back to my home country (japan). I am now married with 2 kids, and am considering living in the US in the near future. 

 

I have only sparingly spent time there as an adult, in college, traveling etc. and have never worked there, therefore no tax return or income to speak of. (my husband and I can prove financial solvency, but only in our country).

 

What are the chances of successfully petitioning my husband (a Malaysian) and kids for I-130? And if if i intend to do it, what are the obstacles that need to be resolved? 

 

Thank you in advance!

If you are a US citizen you have to file taxes. Doesn’t matter if you haven’t worked in the US. If Japan is your home country and you aren’t a US citizen you can’t file I-30. One doesn’t necessarily call a country they were not born in a “home country”. Please clarify.

 

Will your income continue in the US? If not, you either need to move here first and obtain a job or find a joint sponsor who lives in the US that can support your family size. You don’t need this portion to submit the petition, however, it comes later on but definitely things to think of. If you are a US citizen, your obstacles would be that you’ve never filed taxes, income and proof of US domicile. Again, this wouldn’t be needed/an issue for when you first submit the petition.

[payxibka 10,044]

4 minutes ago, Chancy said:

 

My point is that Japanese law requires formally renouncing other nationalities if the choice is to remain Japanese.  It is specified in that Ministry of Justice page I linked above.  If she did not formally renounce her US citizenship yet has a Japanese passport, then that means she did not comply with Japanese law.

 

That said, you are right that the US does not care whether she complies with Japanese law concerning her nationality.  So technically, this will not be an obstacle to her family immigrating to the US.  Even so, it would still be a violation of law, though not US ones.

 

Renouncing in front of a Japanese Ministry is not how you formally renounce US citizenship in the eyes of the US government. 

 

What technical obstacle?  US immigration,  US law.

Edited July 17, 2021 by payxibka