Seeking Advice!

[AlyshaT1 2]

Hello,

I have a question, but first off, let me tell you a bit about my current situation.

I moved to Morocco 3 years ago and I got married here. My husband and I have a 2 year old kid. Our plans were always to go back to the US and live there.

I do not work as we have a small business here and that alone is enough to live day by day. I really liked it this way because I can spend all of my time with my baby which I love doing.

Now onto the question, what do I need to do in order to bring my husband with me to the US? Do I somehow need proof of taxes? And what complications I could face? Like I said, I do not work here and I haven't for the past 3 years. I do still file my taxes, but for obvious reasons, I file them as no income since I do not have any of my own.

Thanks in advance!

[Crazy Cat 41,981]

Welcome to VJ.  You have found the very best place for accurate, fact, and non-judgmental advice.  I urge you to read through the spousal visa guides here to become an "A" student of the process.  We have several members who are very familiar with going through the process for Morocco. 

 

To answer a few of your specific questions: 

 

1. Since your income is insufficient to sponsor your spouse, you will need a well qualified joint sponsor, who will also have to provide the information for taxes, household size, current annual income.

2.  As the petitioner and primary sponsor for your spouse, you will have to complete an I-864 during the process.  You must either list your income (from your tax forms) for the last 3 years or you must indicate why you were not required to file taxes for those years (income below reporting requirements, etc).

3.  You will have to prove your intent to re-establish domicile in the US.  

 

On a positive note, living with your spouse in his country is excellent evidence of a bona fide relationship.  Good luck on your journey.  You are in the right place here on VJ!

@JeanneAdil

[Chancy 6,241]

*** Moved from Your New Life In America forum to IR1/CR1 Process & Procedures ***

 

[JeanneAdil 6,554]

OP,  going to tell u what the Alabama VJ member did

she lived in Morocco for over 6 months with husband but no income there

 

so, she returned to the US to be able to sponsor him

with no US income and no residency here,  u would need a good joint sponsor who could agree to sponsor  their family and all of u

 

1. you are a USC so u need to go thru the process to get a US visa for your child

i am not familiar enough to tell u how to do that but others here are so,  if no one chimes in here to guide u,  make a new question about it and ask

 

2. u need to prove residency (state driving license,  a US address u would move to if u use one,  US bank account,  etc)

 

3. u need US income to sponsor your husband (enough for 3 and any other children that u are obligated to such as any from previous marriage)

look at the poverty guidelines for this amount and 2022 is not yet out

 

4. this process is long and it going to take about 2 years for the Moroccan to get a visa so u have time to come with your child to the US,  get a job and be able to sponsor him.

 

5. U are wrong about not having income of your own,  u are a USC and married / any income coming into the house should have been reported as married on tax forms / u would not have owed taxes as it would be exempt as we have tax treaty with Moroc but filing MFJ from year of marriage helps so much in the Casa interview.   they know it can be done and expect to see this.

and yes,  i know it is way way way low as my Adil supported 2 houses and 11 people on an income of about 200 USD 2000 dh in Morocco

but u should have done taxes as MFJ or MFS and filled out the W7 to help later prove the Morocco husband and commingling financial 

 

Be prepare to get the child's US passport,  move here with your child,  start a job,  and go thru this separated from the husband/  its hard but we do it

 

allah yekbel 

Jeanne

[AlyshaT1 2]

1 hour ago, Crazy Cat said:

 

3.  You will have to prove your intent to re-establish domicile in the US.  

 

@JeanneAdil

Thanks for the warm welcome Jeane!

I'm still a little confused about the point above, how can I prove my intent to re establish a domicile in the US? I do have a US bank acc still running, an address ( my mom and brother live there) would that be enough or need more?

Also would USCIS accept my reasons for not filing taxes last 3 years? 

Thanks again 

[AlyshaT1 2]

7 minutes ago, JeanneAdil said:

OP,  going to tell u what the Alabama VJ member did

she lived in Morocco for over 6 months with husband but no income there

 

so, she returned to the US to be able to sponsor him

with no US income and no residency here,  u would need a good joint sponsor who could agree to sponsor  their family and all of u

 

1. you are a USC so u need to go thru the process to get a US visa for your child

i am not familiar enough to tell u how to do that but others here are so,  if no one chimes in here to guide u,  make a new question about it and ask

 

2. u need to prove residency (state driving license,  a US address u would move to if u use one,  US bank account,  etc)

 

3. u need US income to sponsor your husband (enough for 3 and any other children that u are obligated to such as any from previous marriage)

look at the poverty guidelines for this amount and 2022 is not yet out

 

4. this process is long and it going to take about 2 years for the Moroccan to get a visa so u have time to come with your child to the US,  get a job and be able to sponsor him.

 

5. U are wrong about not having income of your own,  u are a USC and married / any income coming into the house should have been reported as married on tax forms / u would not have owed taxes as it would be exempt as we have tax treaty with Moroc but filing MFJ from year of marriage helps so much in the Casa interview.   they know it can be done and expect to see this.

and yes,  i know it is way way way low as my Adil supported 2 houses and 11 people on an income of about 200 USD 2000 dh in Morocco

but u should have done taxes as MFJ or MFS and filled out the W7 to help later prove the Morocco husband and commingling financial 

 

Be prepare to get the child's US passport,  move here with your child,  start a job,  and go thru this separated from the husband/  its hard but we do it

 

allah yekbel 

Jeanne

I didn't know I was still required to file taxes as MFJ since my husband has no ties with US yet, I did file MFS with no income ( stay at home mother)

Is it too late to fix my tax situation?

I have already gotten my child citizenship and US passport the month following he was born

Amen, thanks Jeane

[JeanneAdil 6,554]

9 minutes ago, AlyshaT1 said:

Thanks for the warm welcome Jeane!

I'm still a little confused about the point above, how can I prove my intent to re establish a domicile in the US? I do have a US bank acc still running, an address ( my mom and brother live there) would that be enough or need more?

Also would USCIS accept my reasons for not filing taxes last 3 years? 

Thanks again 

that US residency is good 

one thing u can do is get a statement from IRS stating why u did not have to file taxes/  more important is what u do now for the next 2 years while u go thru this process

but filing them from now on is so important to show married to this man (in eyes of the Casa embassy)

[Chancy 6,241]

2 minutes ago, AlyshaT1 said:

I didn't know I was still required to file taxes as MFJ since my husband has no ties with US yet, I did file MFS with no income ( stay at home mother)

 

NO, you are NOT required to file US taxes if you have no income.  It is NOT a requirement on any USCIS or Department of State instructions that you need to file MFS or MFJ for US immigration.  You do not need to amend your taxes.

 

The advice to file MFS or MFJ only applies to couples who have no other evidence to show.  That's not true in your case.  You have been living together with your husband for years.  That's the strongest evidence there is.  What matters is you have documentary evidence of your residence in Morocco.

 

[JeanneAdil 6,554]

4 minutes ago, AlyshaT1 said:

I didn't know I was still required to file taxes as MFJ since my husband has no ties with US yet, I did file MFS with no income ( stay at home mother)

Is it too late to fix my tax situation?

I have already gotten my child citizenship and US passport the month following he was born

Amen, thanks Jeane

1040 x   

you were married / no other status

5 are status for IRS 

single- u r not

head of household_ u r married

married filing joint

married filing separate

widow with qualifiying child - but u are married

 

and IRS has the information for filing with nonresident alien spouse

I filed in 2010 and following years with Adil still in Morocco till 2015 when got his visa and SS#

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

elhamdo allah u got the child's US passport / great u did this part

[AlyshaT1 2]

3 minutes ago, Chancy said:

 

NO, you are NOT required to file US taxes if you have no income.  It is NOT a requirement on any USCIS or Department of State instructions that you need to file MFS or MFJ for US immigration.  You do not need to amend your taxes.

 

The advice to file MFS or MFJ only applies to couples who have no other evidence to show.  That's not true in your case.  You have been living together with your husband for years.  That's the strongest evidence there is.  What matters is you have documentary evidence of your residence in Morocco.

 

Hi Chancy, thanks for your reply 

Yes I do have a Moroccan residency that shows same address as my husband, US consulate also knows about our marriage since they asked for lot of paper work when we got our child's citizenship, it's just this tax situation that concerned the most 

 

 

[AlyshaT1 2]

3 minutes ago, JeanneAdil said:

1040 x   

you were married / no other status

5 are status for IRS 

single- u r not

head of household_ u r married

married filing joint

married filing separate

widow with qualifiying child - but u are married

 

and IRS has the information for filing with nonresident alien spouse

I filed in 2010 and following years with Adil still in Morocco till 2015 when got his visa and SS#

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

elhamdo allah u got the child's US passport / great u did this part

I'm happy for you guys, hope I'll have a successful experience moving back to US as well 

[JeanneAdil 6,554]

3 minutes ago, Chancy said:

 

NO, you are NOT required to file US taxes if you have no income.  It is NOT a requirement on any USCIS or Department of State instructions that you need to file MFS or MFJ for US immigration.  You do not need to amend your taxes.

The advice to file MFS or MFJ only applies to couples who have no other evidence to show.  That's not true in your case.  You have been living together with your husband for years.  That's the strongest evidence there is.  What matters is you have documentary evidence of your residence in Morocco.

 

right it is not

but for this embassy ,   this is so important

very very impoant

Casa expects to see this and they have asked 2 people i know of to show they filed taxes with the spouse going back to year they were married including the alabama woman who also lived in Morocco and didn't think she needed to file

 

Casa likes to go back to day 1 of realtionships to prove every d-m thing 

and even if she moves back to Us,  she is going to have to show communication prove that she still talks to him 

even though she has a child and lived there all this time

 

this is Morocco 

[Crazy Cat 41,981]

21 minutes ago, AlyshaT1 said:

Thanks for the warm welcome Jeane!

I'm still a little confused about the point above, how can I prove my intent to re establish a domicile in the US? I do have a US bank acc still running, an address ( my mom and brother live there) would that be enough or need more?

Also would USCIS accept my reasons for not filing taxes last 3 years? 

Thanks again 

I welcomed you.  I was calling @JeanneAdil into the conversation for their expertise in Morocco cases.

If your income was below the threshold for reporting to the IRS, you can write "Income below reporting threshold" on the I-864.  That is the valid reason for not filing taxes. 

Financial information comes later in the process.  Having a bank account and relatives in the US does not necessarily equate domicile.  Domicile means living in the US. 

[Chancy 6,241]

10 minutes ago, AlyshaT1 said:

it's just this tax situation that concerned the most 

 

You have the option to file taxes MFS (showing 0 income), but it is not required.  When it is time for you to submit the I-864 form, you may write "Income below reporting threshold", as advised by @Crazy Cat.

 

39 minutes ago, AlyshaT1 said:

how can I prove my intent to re establish a domicile in the US?

 

Here's the guidance from the Department of State re: "How can a financial petitioner establish a domicile?" -- https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos23

 

[JeanneAdil 6,554]

2 minutes ago, AlyshaT1 said:

I'm happy for you guys, hope I'll have a successful experience moving back to US as well 

Girl,  its great

he's a citizen

got to vote in last election

bought a mustang

got his job within 2 months of coming

and everwhere i look there are signs here saying "help needed" 

"apply within"   taking applications NOW"

not hard to find work here now

 

and  to go back to Alabama girl,  she didn't apply fast when she moved back,   she waited 2 years so,  they went 5 before his interview

Casa wanted all IRS tax papers from day married and i told her how to get the letter from them saying she didn't need to file

but u filed (as u said) so u have to correct this