patriot10

On 8/8/2017 at 9:56 AM, joanamber said:

Hi, can someone give me an advice on how I can provide domicile in the US if I have lived in the Ph for almost 20 years? I am a dual citizen and planning to go to the US with my husband and child. We will live with my husbands relatives so how can I provide proof of domicile? Please help. 

you have to prove INTENT to establish domicile. Registering kids in schools in US, drivers licence, opening bank accounts, establishing credit if possible, registering to vote, starting to look for place to live and so on so forth.

You can go to this website and open an account.

This allows you to inform of any change of address not only before you receive your green card but also after you receive it.

It must be kept in mind, that even after one gets the green card, one is supposed to keep USCIS informed of any change of address over the years and joining this website allows one to do so easily.

https://myaccount.uscis.dhs.gov/

Do not worry, this is just a passing phase, just as everything else is also a passing phase. You are new in the family and if some decided not to make you feel comfortable, then be strong and do not depend on it. Buy a walkman and get some great music, exercise and become fitter than everyone you know, take some course and increase your calibre which in turn will help in getting you a better job as time goes by. Friendships happen when they happen as you correctly said, it takes time and lots of hits and misses, its all very normal. Sometimes best friends for years become enemies or let you down in the worst possible way.

Just depend on yourself, become comfortable living with yourself ie do not seek out any friendships...let it happen, when it happens.

Be strong and do NOT let yourself feel lonely...its an artform that you need to pick up as an hobby ie being happy and content with no dependence on anyone.

You are just vulnerable as you are new...its natural, happens to almost everyone...do not feel you are singled out.

smile and just go on and tell yourself its no big deal and just carry on....it will soon be a thing of the past.

Best Rgds.

You could do that, fill in the taxable income as per your 1040 but write a separate note that you have filed an amendment which is under process.

On the other hand,

You should have a copy of your 1040x, even if you efiled via turbo tax etc. you can take a print out of the same...so why not fill in the correct amended taxable amount and then along with your affidavit, submit your 1040, as well as the 1040x and all your w2s and 1099s?

Just simpler and shorter to understand and your interviewer will not need to ask you further questions about it as its all clear and simple.

Always best to fill forms and submit proofs that are definitive and easy to understand...anything that is extraordinary might get you an RFE .

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Note: If your taxable income is enough to qualify for a succesful AOS , then i think even if you dont mention the 1040x, it should not be an issue as really this is not a test you as a tax payer but rather to see whether you earn enough to sponsor someone

BUT, if you just earn enough as per your 1040 but due to the 1040x, your taxable income goes LOWER than the 125% poverty threshold thus disqualifying your ability to sponsor then it is IMPERATIVE that you mention the return on the 1040x....as otherwise, it would not look good at all.

rgds.

Marriage certificate, pictures taken together over a period of time and in different circumstances (at home, on holiday or whereever...just to give a feel of the relationship, various IDs with spouses name on it, proof of intermingling of various financial assets in each others names for example joint accounts, children IDs with parents names, marriage pics, pictures with each others parents/relatives

Above noted would be useful where proof of relationship is to be demonstrated.

Best Rgds,

The directions were same when i went as well...and i did go.

Then the fiasco with the travel bag happened and i had to stay outside with the bag..and i was ''verbally'' told that i (the beneficiary) is not really required on the day.

Of course, it is best if both sponsor and beneficiary are present....but....

Quote

 

you can only file what is current and need not worry about what is to happen in the future. 

Transcripts for 2016 are not ready yet...so you can take transcripts from 2014, 2015 and take your 1040 for year 2016 and file your AOS according to that. In any case, as you mention, you have a joint sponsor so the requirements are going to be fulfilled by him/her.

If you have already filed the 1040x, you should include that as well and as your taxable income, fill in the AOS, the taxable income AFTER the effect of 1040x.

If the returnable income is zero after the 1040x is zero...then so be it.

Just put the latest , CORRECT information to the best of your knowledge and ability. You will be fine.

Returns+w2+1099 and any other documents that have anything to your year returns is what you SUBMIT but a tax transcript is what the IRS has ACCEPTED and hence not only a definitive document but also a short and sweet version of your income earned, tax paid status for the year.

While returns are allowed to be submitted, it is necessary to ALSO submit each and every document including all w2s and 1099s etc with the return but in the case of transcript, just the transcript will suffice.

It is highly recommended to take transcripts instead of returns+paperwork.

If any matter is not immediately clear to an officer, they may ask for further clarifications or a better/clearer documentation and hence in your case, i dont think its something big to worry about. Your transcripts are already on the way, you should be fine.

Overall, as long as one has not had to lie on the application to make his/her case look good, i think in the end, they get through. 

You are most welcome.

This married filing jointly thing becomes important esp. in the case its one's sister/brother or sisterinlaw/brother in law sponsoring you since the spouse may have no interest in sponsoring the other spouse's relative.

In the case of parents, like in your case, if the father is sponsoring, there is almost zero chance that mom would mind unless its some special/extraordinary family circumstance or where step parents might be involved.

In my case, it was my sister in law who sponsored me,so she had an interest and did it for her sister, ie my wife...but it was not necessary that her spouse would be interested and hence the need for individuals (her) w2s etc and her husbands declaration that he is aware and he has no problem with having their married filing jointly income being put on the affidavit.

your dad will file the I-864 as the only joint sponsor.

you are the petitioner as well as the primary sponsor on your I-864, but you dont have income above 125% poverty line/us derived income and hence the need for the joint sponsor.

Joint sponsor could be anyone, living domiciled anywhere in the USA as long as they have the requisite income and tax transcripts to substantiate the same.

Along with the I-864 , he needs to send you his 1040 for the previous relevant year definitely (but if he send for previous 3 years that while not necessary, may come in use). In case he sends the 1040, then he needs to send every document he used to file the 1040 , which includes all w2s and 1099s.

OR

He can simply send you the tax transcripts for the relevant year. This is preferred and simplest.

NOTE: In case he files married filing jointly, and this i say from personal experience as it was brought up in my case by the interviewing officer, then even with the transcript, you will have to submit his w2s/1099s to demonstrate, that he-the sponsor signing does indeed have the necessary income individuallly and its not derived from his spouse and also a plain statement of the spouse saying the she is aware that her spouse is filing an i-864 using their common returns as proof and that she has no objection.

Seems complicated, but is actually quite logical and easy to put together.

Best of luck.

Here at new delhi India, it is not even necessary for the beneficiary to accompany the petitioner when he/she goes to file the I-130. 

I-130 is all about the petitioner. 

We had gone together and since it was out of town, we had a small piece of luggage. We were told we cannot take it inside the consulate. Upon explaining that we were there to file the petition, they said no problem, only the petitioner is required to file the petition...and that I, the beneficiary could stay outside with the bag!!

So there i stood outside the consulate, with the bag! spouse went in, she later said that she had to wait her turn for half an hour and spent about 10-15 minutes at the window and the petition was succefully filed.

At the interview, later we found that the petitioner was not required..only the beneficiary had to show up. Although we did go together WITHOUT any luggage and we had no issues.

having said that, i would suggest that both beneficiary and sponsor be available during the petition and interview as they are allowed to be at the window together as one never knows... Although there is not much part for the beneficiary to play during the petition and no part of the petitioner during the interview.

In your particular case, you definitely have to be there to petition yourself. Since you have a job offer, you should go ahead accepting it and moving to the US. Just leave a photocopy of the job offer letter, your acceptance with your spouse....so that just in case , the interviewing officer asks your spouse where you are at the time of the interview, a straight simple reply with proof is forthcoming and that you got a good job and hence you have already moved to the US due to that.

Since you are filing a petition, it is expected that you intend to establish permanent domicile back in the US. Your leaving the US every two weeks is not an issue provided it is easily explained by you job profile and that you have take other concrete steps to establish domicile in the US which includes, residence, children schools, banking , drivers licence, voting etc.

best rgds.

Since you already have the appointment etc, what you can do is go ahead with it , while you are waiting for it to get approved, you can get spouse's passport renewed.

Once approval comes, you have to file the DS-260 and by this time you should have the new passport so rest of the process is completed on the new passport.

The Immigration visa is very much a regular sticker placed inside the passport. Only after you cross the POE and having paid the green card fee of $220, will you get the green card shipped to you in the US within 4 months of landing. 

Best of luck!

If it were me, i would renew the passport  and then file the petition and not have to worry about anything once the process begins.

I would do everything possible to work program work with a fresh passport to begin with instead of going through the hassle mid process ( lot of other things to worry about mid process, a passport that is expiring is adding an unnecessary hassle in the mix).

Second option i would take is that i would let the process go on- on my old passport, immigrate and once through the POE, then send passport for renewal.

of course, one is expected to use the latest edition. you are quite right.

Had quoted the USCIS more to bring out the fact that while the need for G-325 is now gone but at the same time, they have added something called the I-130A which didnt seem to exist before or was not part of the process when i went through it a few months back.

On 5/13/2017 at 1:57 PM, dekedwin said:

My I-130 is the latest addition, so I am okay there. I was not aware that the G325a was no longer required. I found that requirement on DL's Spousal Visa Overview, and I guess that was old information. I have it all filled out, but I see that form expires in June 2017, so it would be expired before we will be ready to file our Petitions. Where do I find the latest requirements, so that I do not make other mistakes like filling out the G325a, and I would have taken it when I filed our Petitions.Thank you!

• You must file a separate Form I-130 for each eligible relative, unless he or she can be considered a derivative beneficiary. See the form instructions for more information.
• If you are using the 02/27/17 edition of Form I-130 to file for your spouse, you must also submit a Form I-130A, Supplemental Information for Spouse Beneficiary.
• If you are using the 12/23/16 edition of Form I-130 to file for your spouse, you must also submit two Form G-325A, Biographic Information: one for you and one for your spouse.  Do not submit Form G-325.Please read our Lockbox Filing Tips.
• To receive an email or text message when we accept your form, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the front of the petition.

To ensure your Form I-130 is accepted for processing:

• Fill out the form completely and accurately
• Sign the form
• Pay the correct filing fee of $535.

TAKEN VERBATIM FROM THE USCIS WEBSITE.

On 1/6/2017 at 3:57 PM, patriot10 said:

Need Help.

 

Petition filed 20 oct. 2016 at New Delhi- received email with subject PKT 4 giving instructions on 26th December,2016.

(Nothing by snail mail...just the email).

 

The email simply stated my case number, said i should go to NVC and fill my D260 and after i have the confirmation number, i should schedule two appointments.

Nothing regarding what to pay , when and how to pay.

 

Went to nvc, filled out the 260, got a confirmation number, went to the interview scheduler page and made two appointments.

 

Issue faced: the page did not let me get appointments for two consectutive days...hence whichever day i chose , it allowed me to only get the consular interview date a few days later on 17th feb. Ideally, i wanted to get 16th for biometrics and 17th for interview...but any date i put, ie 16th, 15th even 13th...it only allowed me consular interview date as 17th at 8:30 in the morning.

 

Anyway, then i chose 15th 3 pm for biometrics which is said is at nehru place in new delhi.

and 17th feb, 8:30 in the morning for the interview at the new delhi embassy.

 

 

So, now i have to schedule the medical examination, called up max healthcare mohali but they said to call a month prior and not before that.

 

Questions that remain unanswered...

 

1. Is the biometrics and interview on alternate dates 

2. When to pay...and how much and can i pay in cash ?

3. in the packet 4 email, it was mentioned that my date of birth in format dd-mm-yyyy is my invoice number...but nowhere during any process that i followed was i asked for any invoice number.

 

Anyone gone or going through this process at new delhi, please share your experiences.

 

rgds.

To answer my own questions for the benefit of others...

1. The biometrics and interview are indeed on two different dates, with a one day gap.

2. One pays on the day of the interview (tested for new delhi) and yes, one can pay cash in USD or in INR.

3. Nowhere was invoice number asked and hence thats the end of the matter...i suppose one should just keep in mind that if invoice number asked then date of birth...but for me, it was asked at no point.

For immigration purpose, they need nothing from you..only from the US citizen. She needs to be making more than approx. 35000 usd a year to be able to sponsor you...which she is not...so you will need to get a joint sponsor , someone in the US, earning in US and hence paying taxes in US.

Other than that, if you are married under 2 years, then you will apply for CR1 visa, but you are not even married yet.

So, you have to decide whether you will get married then apply, or you plan to get a fiance visa and then marry.

I note that you have a long way to go so better you spend a few days on this forum just reading various posts to see what all may apply to you and then proceed step by step.

Income taxes are on income, not on purchases. Dont see why a purchase of a home should be taxable in country of origin. This is of course, assuming that the home is being purchased with white money ie money upon which due taxes have been paid as expected.

If you sell the home that you bought, and if it is at a profit, only then should any tax implications arise.

While not necessary to file taxes if below the threshold but will never hurt to have filed the taxes and in fact, is always better to file than not to file, although taking care not to claim any unnecessary (and worse- false) deductions or credits.

Since you filed taxes, you need to put in box, income that you have shown after all deductions (or the standard deduction) and if that is zero, then you type zero as in this part, you write income that was liable to be taxed or income upon which you paid taxes as per the return or transcript of return that you are attaching with the said affidavit.

(in case of income being declared and deduction being taken under 2555, the cpa was absolutely right in getting you to file returns as you were supposed to file)

The returns are to be filed if you had income above threshold limits, simple as that. If during the process of filing and going through the 1040, after putting in the deductions and credits, if your tax to be paid is zero, that is an entirely different matter.

Simply put, being liable to file a return and having to pay no tax during filing are two different matters entirely.

after you get your case number, you go to the relevant website, fill in the details as per details received when your I-130 is approved, complete your DS-260 and simply print out the DS260 confirmation and keep with you.

when you go for bio metrics and interview, you take this confirmation along. 

Money made abroad DOES NOT COUNT unless this income will continue after move to the US.

In this case, one needs a joint sponsor

If you made income abroad, you need to put the ''taxeable'' income in the correct box and include the relavent tax transcript with your affidavit.

If per chance, your income was below threshold for the year where you were needed to file a return, or if you made zero income, then you type zero in the box or whatever income it was, and then include a statement to ''whomsoever it may concern'' that you did not file an income tax return for the year as you did not earn enough to be required to file a return as per IRS rules for the year.

Please be aware, if you have financial assets over $10000/- abroad (outside the US) EVEN if you did not earn enough, you are still required to file a return.

further, if you are self employed, you are required to file if you earn over $400/-.

rgds.

Police certificate.

Affidavit of support.

Documents that will prove your intent to move to the US, which could include setting up of bank account in us, establishing credit, correspondence to establish residence, school registration or atleast correspondence to research school/s, stuff like that.

I put USA, after giving much thought on the issue.

Later, on the day of the interview, after my interview was succesful, i asked the interviewing officer, that this had been a question that kept me guessing and what is the right answer.

He said, the domicile is USA basis your intent to move to the US .

Correct answer, hence is USA, basis your intent to domicile.

Mailing address is the address where you intend to set up address.

Your present address is where you put the present address where you are residing.

hope that helps.

rgds.

They will require ORIGINAL signatures. Better to get the I-864 shipped to you via priority mail/courier.

Rgds.

INTENT of establishing domicile back in the US is enough.

Which could included getting drivers licence, enrolling for voting, setting up a mailing address, getting credit cards, opening bank accounts, intent to establish residence by getting a place to rent, buying a place, staying with a relative to begin with, getting children registered into school...at the same time, starting process of pulling out kids from present school in foreign country, closing ties with foreign country etc etc.

Rgds.