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Zakhana

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    Zakhana reacted to aaron2020 in Can we file I130?   
    You can file an I-130 for your spouse from abroad to start the immigration process.

    Your problem is the I-864; in particular having filed US tax returns and domicile.

    If you have family in the US that can be a Joint Sponsor for the I-864, you don't need to worry about not meeting the I-864 financial requirements yourself.  Your lack of work experience and long term income is not a problem as long as you have a qualified Joint Sponsor.

    Be aware that US citizens are required to report their worldwide income on US tax returns even if nothing is earned in the US.  You will need to have filed US tax returns for the last 3 years or have a legal reason as to why you weren't required to file (such as a low income that did not require filing).  Being required to file US tax returns will not mean you owe any US taxes.  In fact, your low income means you may qualify for some COVID payments.  Not filing required US tax returns would be a barrier to your wife getting an immigrant visa.

    Having not lived in the US since you were 10, you going to have to show a US domicile or the intent to establish a US domicile.  This will be US Embassy/Consulate specific.  The US Consulate in Canada is tough on this issue.  You will need to provide evidence that you've looked at getting a rental lease or applied for jobs.  You may have to travel to the US before your wife.  Separation is common with spousal visas.  It's not fun, but sometimes necessary and many of us had to endure separations for years.  You only have to endure it for a few months - establishing a domicile a few months before filing the I-864 until your wife's interview a few months later.
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