Hi everyone,
I'm an American citizen and my wife is a Chinese national. We met and married in China, have been married for 6 years, and have a 5 year old daughter together (born in China, but a US citizen with a CRBA). We moved back to the US 3 months ago; she has a B2 visa which she had traveled to the US with a couple times before. She's got 3 months left on her term of stay.
I've chatted with a couple lawyers about the specifics of our case, and they said that everything seemed straightforward - no criminal record, no issues with her being rejected previously, etc. However, the high cost of using a lawyer who will ultimately just sign off on our docs has pushed us towards these forums and possibly a service like SimpleCitizen.
My main concern right now is that after we married, I was on a Chinese spouse visa, which doesn't allow you to work. Because of this, I don't have 3 years of IRS tax returns; I never had a job in China that I had to pay taxes on, so there's no record I can give to the IRS. I had some income from investments and crypto that I reported for 2020, but it's a relatively small amount (a few grand). I had filed zero income since 2015, but don't have any receipts or anything to show this and the IRS website won't let me retrieve them. I paper filed my 2020 taxes after we got back to the US 3 months ago, but haven't had any correspondence from the IRS, and my attempts to figure out what's going on have gone nowhere as I can never get through to anyone, even to make an appointment at a service center. My wife doesn't have a Tax ID number so I couldn't e-file. My state return went through, though, and I have that.
I am working now and have pay stubs/records showing that I'm making over the threshold for support. Will this be enough, or should I have my parents help us with an I-864a (they are 100% willing to do and have all their paperwork on hand)? If we go with the I-864a, will I still be expected to submit my own tax returns, or would pay stubs and a W4 be enough? The lawyer we spoke to said that he thought an I-864a plus current pay stubs would be fine.
I'm hoping to get in to the local IRS service center after they open back up next week and get something from them, but in case I'm not able to, I want to know the best way to proceed.