How can we meet the sponsor requirement?

[natanbr 0]

Hello everyone. I’m a Brazilian married to a U.S. citizen for 10 years, and we both currently live in Brazil. We’re planning to apply for the IR1 visa since we intend to move to the U.S. in early 2027. I’m an army officer, and she’s a dentist. My current income is above the poverty guideline, but hers is not. We plan to move when she’s possibly accepted into a U.S. university to validate her dental degree. I’d like to avoid relying on a joint sponsor — what are my options?

P.S.

1. We have real estate and financial assets that together amount to roughly three times the poverty guideline.

2. When we move, she will receive a student loan that covers both tuition and living expenses for a couple, with a total amount exceeding 125% of the poverty line. Can this amount be considered?

[S2N 518]

I’d find a joint sponsor.

[JeanneAdil 7,277]

Student loan is just that -a loan that must be repaid

it is not income / its a bill

 

https://www.irs.gov/faqs/interest-dividends-other-types-of-income/grants-scholarships-student-loans-work-study/grants-scholarships-student-loans-work-study

[Boiler 48,081]

Joint Sponsor

[natanbr 0]

Thank you for the information. One more question:
My wife currently has no ties in the U.S. (no property, residence, etc.), and she would only reestablish them once she’s accepted into the university, which we expect to start in early 2027. Can she file the IR1 petition now, based solely on the intent to return and reside in the U.S. at the beginning of 2027?

[Lil bear 4,645]

8 minutes ago, natanbr said:

Thank you for the information. One more question:
My wife currently has no ties in the U.S. (no property, residence, etc.), and she would only reestablish them once she’s accepted into the university, which we expect to start in early 2027. Can she file the IR1 petition now, based solely on the intent to return and reside in the U.S. at the beginning of 2027?

Yes. And you will be required at the interview to demonstrate intent to domicile. Many  will recommend that she (usc) relocate beforethe intervene so she is already in the US .. stronger evidence than intent. 

[S2N 518]

4 hours ago, natanbr said:

Thank you for the information. One more question:
My wife currently has no ties in the U.S. (no property, residence, etc.), and she would only reestablish them once she’s accepted into the university, which we expect to start in early 2027. Can she file the IR1 petition now, based solely on the intent to return and reside in the U.S. at the beginning of 2027?

Domicile isn’t required at the I-130 stage. It’ll take a little over a year at the current rate for the I-130 to be approved. NVC would be another month, then 2-6 months with the Rio consulate.

 

If you do the math, by the time you have your interview it’ll probably be 2027 so applying now makes the most sense. If you need to stall, you can stall indefinitely at NVC.

[pushbrk 13,917]

You are going to need a qualified joint sponsor.  Your savings are only barely enough to meet the minimum requirement.  That's not going to work, as they know you will blow through a lot of that in the first couple months.  The  "Loan" will not help with meeting the sponsor requirements.

[natanbr 0]

At the moment, my question is about taxes. My wife is an American citizen who has been living in Brazil for many years and currently has no ties to the U.S. She works here, but her income is low — less than USD 14,000 per year. I also work in Brazil and have no income or immigration ties to the U.S.

Before she files the I-130, does she need to file U.S. taxes first, even with such a low income? Should she file as exempt, or is it not necessary to do anything related to taxes before applying?

[OldUser 10,680]

11 minutes ago, natanbr said:

At the moment, my question is about taxes. My wife is an American citizen who has been living in Brazil for many years and currently has no ties to the U.S. She works here, but her income is low — less than USD 14,000 per year. I also work in Brazil and have no income or immigration ties to the U.S.

Before she files the I-130, does she need to file U.S. taxes first, even with such a low income? Should she file as exempt, or is it not necessary to do anything related to taxes before applying?

US citizens must file taxes on their world wide income. Additionally, they are subject to FBAR and must report any money over $10000 in their foreign accounts.

Edited Wednesday at 12:17 AM by OldUser

[Boiler 48,081]

US Citizens are taxed on their world wide income.

[pushbrk 13,917]

6 hours ago, natanbr said:

At the moment, my question is about taxes. My wife is an American citizen who has been living in Brazil for many years and currently has no ties to the U.S. She works here, but her income is low — less than USD 14,000 per year. I also work in Brazil and have no income or immigration ties to the U.S.

Before she files the I-130, does she need to file U.S. taxes first, even with such a low income? Should she file as exempt, or is it not necessary to do anything related to taxes before applying?

No, not before filing the I-130, but before the NVC stage.  Just get it done in the next year or so.  She is unlikely to actually owe any tax, but filing is required and information from three returns is needed on the affidavit of support, even if she doesn't qualify.  Just file three years, 23, 24, and 25 sometime next year.  It can be done online.

[natanbr 0]

Thank you all.
So, should my wife file a 1040 and file as married filing separately? As a foreigner with no income ties to the US, I don't need to file?

[S2N 518]

7 hours ago, natanbr said:

Thank you all.
So, should my wife file a 1040 and file as married filing separately? As a foreigner with no income ties to the US, I don't need to file?

In you all’s situation MFS likely makes the most sense; the only thing is she’d need to paper file as you don’t have an ITIN. You’re in one of the weird situations where MFJ might actually hurt because it would disqualify you from the foreign earned income exclusion (FEIE)

 

She’d paper file as MFS, manually write in “NRA” for your SSN, and mail it off to the appropriate IRS office. She would need to claim the FEIE and would likely owe $0 in taxes. I’d recommend mailing any back taxes in soon as paper can take a minute.

 

This is not tax advice, and if you have specific questions it’s worth consulting a CPA with experience in expat filing.

Edited Wednesday at 04:48 PM by S2N