SCOREAU

My wife and daughter moved to USA to establish domicile in August. I am still in uk, waiting to have my medical and final interview, and sell the house. The only thing holding up my app. is my wife overlooking her irs tax returns while here. I sent a form w-7 to get an itin no. along with passport. It was sent back rejected after several weeks. My wife is trying to contact them as it doesn't specify the reason for rejecting. Looks like I'll have to send another form and passport again! I need the tax return but it won't be done because my wife declared me as her spouse here and I need an itin no. apparently for it to go through. Anyone got any thoughts on this, or words of advice/encouragement because I'm at a really low point in all this, and missing my family desperately ( 4 months and counting ).

35 minutes ago, Hank_ said:

Ah, you are completing DCF.    You should check with the embassy as to tax returns required, many only want the most recent tax return, even with the I-864 (at the embassy we processed through they only want the most recent tax return).   

Right, I'll do that, though it appears to be difficult to talk to anyone about apps there, but I will pursue with gusto.

19 minutes ago, Hank_ said:

You are at the NVC phase I gather?

 

If your spouse did not file tax returns for years 2 & 3 not sure how she can list the adjusted gross income .   I see now that the IRS does the calculations online, when I did it they had a form that I submitted showing I wasn't required to file. I put a link to the IRS below

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-4-collect-financial-documents.html

 

https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

Okay. I am doing my app. through the us embassy in London rather than the nvc, waiting for the damned tax return section to be completed so I can book a medical and the interview. I am just basically waiting and it's very frustrating as I could've been at the point of a decision by now rather than staring at my document file and waiting. I could do the medical at least but I suppose they would expect me to have the interview soon after rather than a gap of a few weeks. I don't need the i864 for the med. It's just my impatience !

1 hour ago, Hank_ said:

 

Correct, only the most recent tax return is required,  the others are optional (thus not required)

 

As for the IRS I never informed them when I wasn't filing tax returns, no requirement for that. 

Thanks, Hank. On the i864 it asks for 3 years' figures on it. Would she just put the figures in for year 1 ( over 12k ), along with transcript/photocopy, or does she have to put the figures for the other 2 years as well, even though they will be below the 12k threshold - and provide her p60 statements of earnings for those other years, exactly reflected by the figures she puts on the i864 itself? I'm sorry to keep clarifying with you. When it says provide proof that the petitioner didn't need to file returns, is it just a case of providing the income p60s for those years? Is that all the proof they need? 

Thing is, her income has no bearing on the petition itself as it's all based on assets here, at present - and she hasn't got a job there yet.

Thank you for all your invaluable advice again, Hank.

On 8/8/2019 at 7:27 PM, Hank_ said:

That isn't true.   My wife got her visa and I did not present a tax return ...   I did complete & present an IRS form showing I was not required to file a tax return    Did the same for AOS... no tax return

 

I did have evidence of income to satisfy that requirement

Hank, my wife is in USA now and is going to submit her tax returns. On the form i864 it says years 2 & 3 optional. Years 2 & 3 she was earning less than the 12000 limit, so if we show her p60s for those 2 years with the i864, does that alone prove it? If a us citizen doesn't earn enough, is it the case that they don't even have to inform the IRS?

Thank you.

3 minutes ago, missileman said:

I think so....people are allowed to move during the process......

Well, I'll keep positive and keep my fingers crossed.

1 minute ago, missileman said:

Actually, it won't complicate things at all.  In fact, it clearly establishes her US domicile.....which is required.

Y'know, I've been sitting at home dealing with it and getting a bit overwhelmed by it all - not least because I am stuck here in an empty house with the thought I won't see my wife and daughter for months, so that is a bit of good news. So it'll be alright, with us now putting her physical USA address on the i864 now and just explaining to the CO?

2 hours ago, missileman said:

Many medical exam institutions require you to have an interview letter before they will perform the medical exam........and keep in mind that visas expire 6 months after the medical exam..........I wouldn't rush it.

If your time line was filled in, it would be much easier for us to know exactly where you are in the process.  I assume you are speaking of the IR-1/CR-1 process since many of your previous posts have been in that discussion area.  Is your wife in the US now?

My ds260 was submitted about 3 months ago. I log in regularly, to make sure it doesn't 'fall off'. My wife and daughter took the plunge and flew to use this week because everything was dragging on and we decided to do it that way. I am supporting them while I pursue the spouse visa. Really, she was desperate to move back ( not because of me ) and get our daughter in school etc and sort the house out there. It now raises another question because we applied based on her living here but 99% likely they will stay in USA and just get me there eventually. At the interview I suppose I'll just explain that she's moved over there now ( not physically here ) and still just base on assets here, and see what happens. The i130 in January 2019 was processed based on her living here but she's there now. I'm unsure whether that will complicate things with them......

On 8/14/2019 at 2:55 AM, geowrian said:

The 250+% threshold is to be considered as a heavily-weighted positive factor. The 125% level remains the same.

Totality of circumstances has been around for decades.

Tbh, I'd be happy to relinquish all rights to public funding so I can go to usa and just get by the best way I can until I drop dead.

I am waiting for my US wife to file her taxes, to complete the i864. In the meantime, I'd like to get the medical done. Anyone have an idea of the maximum gap accepted  between the med and interview as I'm eager to move the process along?

We are applying based on assets. On the i864 it asks for value of house after amount owed, and bank account balance. It does not ask for any details of credit cards owing, etc. It also doesn't ask for details of how we will fund for housing over there. Obviously, both these factors can affect the figure offered as assets. Would I factor them in before offering the assets figures on the form, subtracting, say, any card debt and rent figure/housing costs? I'm unsure.

Thanks

4 hours ago, geowrian said:

The 250+% threshold is to be considered as a heavily-weighted positive factor. The 125% level remains the same.

Totality of circumstances has been around for decades.

I understand, now. So they're saying if you can satisfy the 250% poverty level x 3 for using assets ( $54000 x 3 in household, for a spouse immigrant ), then it really helps.

On 8/12/2019 at 5:55 PM, Khevinox said:

with this being said whats the new income and financial assets for new people applying? how will they determinate if that person filing for adjustment of status will need public assistance "at any time."?

will this slow down cases that has been recently approved?

I read it and a figure of 250% is mentioned - of the poverty level. Which is less than I read about previous, but again, they talk of the 'Totality of circumstances'.

Based on the new ruling regarding enforcing long-standing Public Charge law, I am wondering how members view this? I am applying as a spouse of a US citizen, and satisfy the poverty level with assets ( house sale, pensions, lump sums ) and am going to do the medical soon. We have a buyer and I am retiring to move there.

Personally, I think it is a logical move and entirely reasonable, that people coming in need to be assessed on the totality of their situation. In the conference , the official stressed that it takes into account health, skills and the aspects that should be taken into account when assessing someone. 

We'll have enough money, and my wife can work, and I can if necessary, but it won't be make or break because I wouldn't move us there if that was the case. And I am low maintenance and will always have my wife and daughter's needs as top priority before mine anyway.

Therefore, I think it's common sense, and as long as my case is treated fairly and weighs it all up, I'm happy with the decision either way.

I was concerned when I saw the headline, but I am glad that there has been a final ruling, and I'll get a fair crack ( like before ).

24 minutes ago, LilyJ said:

It's not required but you can bring evidence of bona fide marriage to the interview as a safety net. Though, the officer is not required to look at anything extra that you bring. Usually they have made a decision before you even step into the room and many times they won't ask to see any relationship evidence that you brought (and many refuse to even look at it), but it doesn't hurt to bring just in case that they do ask

Thank you. I have a joint bank account, with my wife, mirror wills set up years back and can bring some photos. The bills and mortgage are all in my name as that's just the way it is; it was easier to buy our house with me as sole buyer as wife wasn't working at the time, so nothing untoward; just easier.

Hi. When I have my interview, I will have all the listed documents needed as per the how to apply section on the official website. Is there anything else I need, apart from documentation re assets?

Do I need anything I sent along with the i130, like proof of relationship etc, like photos, bank statements etc? I'd take just in case but thought I'd check.

Thank you.

7 minutes ago, Hank_ said:

You have a good head on your shoulders!    

 

Now you just need patience ...  it will all come to be.

I appreciate that. I'll try!

10 minutes ago, Hank_ said:

Once your wife files her taxes she can send you a copy of her tax return, if the embassy wants tax transcripts you will have to wait for the IRS to finalize her tax return the she can go online to request the transcript.

She will also have to complete the I-864

 

How you addressing the income shortfall for meeting the Poverty Guidelines?   Do you have a co-sponsor ?

 

Hank, the poverty level requirement is being covered by a uk house sale and my work pension and lump sums. Achieving the requirement in assets is covered easily.

It cannot be based on her income as it's now zero in uk, so it's based on pure assets.

On top of that, I have another pension and lump sums available from next Autumn, so I know we will be fine, and my wife plans on getting a job, but she won't be under pressure to do that urgently. We are buying a relative's house ( all legally ) for a relatively small sum. If I didn't think we'd cope financially, I wouldn't be trying to get there. I'm a cautious soul, and just trying to make my wife's dream happen.

21 minutes ago, Hank_ said:

That isn't true.   My wife got her visa and I did not present a tax return ...   I did complete & present an IRS form showing I was not required to file a tax return    Did the same for AOS... no tax return

 

I did have evidence of income to satisfy that requirement

Hank, my wife earnt just over 12000 $ in one year and was below that for each year either side. Before that, she wasn't working. So she's done an amnesty letter which was received in Texas last week, and now completing the welter of forms to file them. Now, I'm not sure about when to book my med and interview because my wife is stressed out and I don't want to hound her at the moment. Basically, I know I need to submit the i864 with the tax questions answered but what do I need to show the CO in terms of paperwork? Will it be a confirmation from IRS that they are filed?

12 minutes ago, aaron2020 said:

By all means, you are welcome to enter through our "virtually open southern border" if you don't want to "bend over backwards" to meet the requirements.  

If you think people who enter through the open southern border are being treated better than you, then you should take the better route.  
I was just sounding off. I think I'll just deal with the application and do my best. If it doesn't succeed after everything, then never mind. 
 

My usa wife didn't file her tax returns while living in the UK with me.

She sent an amnesty letter to IRS Texas.

She is now filling her tax return forms out now. Only 1 year, did she earn over the 12k.

My i864 is solely based on the assets we have in UK.

If the i864 is based on assets ( because she is here and not earning at the moment anyway ), can't I just attend the interview with all the required documents if it isn't dependant on her income, as it is 0 and she is here?

On 8/2/2019 at 9:44 PM, LilyJ said:

I think the safest bet is, in addition to your assets, to find a joint sponsor who meets the required 125% poverty level (preferably more than) based on income as the CO is likely to want to see that there is some sponsor that has an ongoing job and continuous income, unless your wife wants to go back to the US early and find a job that meets that 125% or more beforehand (which she'll have to establish domicile in the US anyways)

But my point is, she can move there tomorrow unchecked, and my addition to the household is a bonus because I have over 200,000 dollars in assets.

The form says assets can be used, so I'm puzzled at this idea that I need more to vouch for it. Tbh, it browns me off because you have a virtually open southern border with people pouring in every day with nothing to their name, and I have to bend over backwards with all this kerfuffle.

1 hour ago, USS_Voyager said:

The petitioner (your wife) is always the primary sponsor, comes hell or high water, and must provide tax returns/transcripts, even if she her income is not adequate. 

 

Another thing is, "satisfying the poverty level" does NOT mean an automatic approval. The CO is supposed to look at the totality of your circumstances and make a decision. There are many other factors they can consider such as medical history, where you will live, ... in making the public charge determination. 

Okay. I realise that achieving the poverty level isn't the only stipulation, but I am in good health, no criminal record, no mental issues to worry about, and we are going to buy her brother's house once we sell up. The house will be very cheap and even after buying it, we still achieve the poverty level easily. Honestly, if it's going to be rejected based on our circumstances, then I'll be very surprised - and I don't say it boastfully. My wife and daughter could just move over no problem as they are citizens, so allowing me over based on the above should be seen in a positive light.

We have been married 12 years and have an 11 year old daughter, and decided that now is a good time to make the move - and I'm more than happy to make my wife's desire to be realised - and our daughter.

I am at the medical stage of my application. I am a UK spouse of a US citizen and we are in the UK but intending to move to USA. The i864 from my wife will be entirely based on the assets of a house sale ( about £145k assets after sale ), and my pension/investments, which I will indicate on the form as a year's worth of imnediately available pension payments and the lump sum I am entitled to ( £12,500 + £26000 lump ), and converted to dollar figure at time of applying ). I will prove these assets with a title deed, a recent valuation for sale, written evidence of my pension options, and further pension that I can draw on in October 2020, when I am 55, which is a further lump sum and monthly pension. The poverty level for 3 is currently about $27000 and I need to prove we have at least 3 times that figure, if based on assets. My wife and daughter are going over in the next couple of weeks, to arrange our daughter's schooling ( she was born in USA ) and I will put house on market once we know that all is going well with the move ( just being cautious and concerned about my daughter settling ). My wife has filed an amnesty with IRS in Texas as she failed to realise she needed to file them since here, but has only worked in past 3 years. Then she will file her returns, which she is busy doing now. My question is, on the i864, I have all the paperwork in place to proceed and have been stopped in my tracks by the IRS issue, but is the question on there because it assumes the sponsor is using her income ( none at the moment ) to sponsor me, when in our case the assets in UK are the entire basis for satisfying the poverty level?

Just a bit puzzled.

My wife is planning on getting a job, and has support from her big family over there, but I am keen to sell up quickly and join them as I don't want to be apart for too long. In the meantime, I will be supporting them financially from here 

Any advice is welcomed, and apologies for the length of this post.

3 minutes ago, JeanneAdil said:

and example of active income for taxes was an exemption of $104,100 for the USC unless self employed

and if employed by UK employer

For instance, if you went to work in the UK, you would not have to pay into the US Social Security system because you would already be paying into the UK system through your employer.

 

to note :  passive income,  however, if any,  is taxable 

 

Passive income, on the other hand, cannot be excluded from federal income tax. This means that any income from passive activities such as stock trading, forex trading, day trading, cryptocurrency trading, capital gains, buying and selling of real estate, pension income, IRA distributions, rental income, social security benefits, etc. will be taxed without exception.

 

so, noted if there is no passive income,  no need to not file those returns ASAP allowing you to go forward with this process

and ,  since online it is easy,  you will need to follow the IRS site to see when the returns are processed so you can send for IRS transcripts to support the I 864

 

 

for the exclusion be sure to file form 2555 or you will not get it

Thank you, Jean.