drewcaro

Well, I did some research on VisaJourney and on the Internet and found other people who have had relatively similar issues. This person had the same issue in 2011:

http://www.visajourney.com/forums/topic/309388-what-do-you-do-when-you-file-the-i-864-and-the-petitioner-hasnt-filed-taxes-for-10-years/

And after discovering this page by TurboTax, I found that if we jointly make under US$20,300 a year or as single individual, $10,150, we don't legally have to file taxes. This is good news!

https://ttlc.intuit.com/questions/1901490-do-i-need-to-file-a-2014-tax-return-with-the-irs

In the end I will prepare the letter from the VJ post above and submit my i-864 immediately.

Any other thoughts or suggestions? Thanks!

Hello, I'm returning to this post now with new, more specific questions.

I'm finally at the point of filing back taxes for the last 5 years that I've been away from the US. But my tax attorney said that it'll take between 4-6 months to receive a response (maybe even up to a year). If I wait for this, then my wife can't get her VISA for another year!

I did find this other post that talks about providing some sort of written document that says I didn't need to pay taxes during those years because I didn't make any money (all income in Colombia was made under my wife's name, so I didn't -legally- make anything).

http://www.visajourney.com/forums/topic/548622-proof-of-relationship-how-much/

My question is... how can I move on with this process? My wife and I are ready to move to the US, but this is our only hold up. Ideas? What do I submit for financial history with my I-864? And likewise, for my father/mother as a join sponsor?

Thank you for your help!

My wife and I have been married for over 5 years and have been living in Colombia since then (a year before that in Argentina). Plus we have a 2 1/2 year old daughter. We're living in Colombia until I get a job in the US and/or my wife gets the visa. We just got our NVC Welcome letter and...

The NVC asks for:

1. Financial Documents

Affidavit of Support

IRS Tax Transcript

Federal Income Tax Return

Form W2

Evidence of Income

Proof of Relationship

Proof of US Status

SS Earnings Report

Proof of Assets

2. Supporting Documents

Birth certificates

Marriage certificate

Petitioner Documents

Photocopy of valid passport

Photographs

Police Certificates

Translations

Photocopies

How much of this do I actually need to send? First of all, I haven't had any income in the US since I left over six years ago, so I haven't filed taxes, which I assume that one of my parents could be the "Agent". But Proof of Relationship? Should I send a couple of photos? A hundred? A thousand? Exaggerating here... but do I need to be worrying about getting a bunch of docs together? Will they even look at everything?

Thanks for your advice!

Andrew

Hello, I received a I-797 Approval Notice (NOA2) on 4/6 and then received an NVC welcome letter on 5/4

It says to visit the NVC website to select an agent, pay fee, etc. However, when I enter in my information, it gives me this notice:

Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time. Please contact the National Visa Center if you believe that you have received this message in error.

I sent an email to the NVC because every time I call, they're busy. But, don't know how to proceed. Any suggestions?

My timeline:

http://www.visajourney.com/timeline/profile.php?id=67071

Thanks!

Andrew

I'm a US Citizen - we moved to Colombia on 11/2009 because my wife is Colombian and the economy was more stable at the time. I received residency in Colombia the day after I arrived.

@Stressed Out

I found another post that refers to this process: http://www.visajourney.com/forums/topic/472482-file-ir1-application-while-living-abroad/

Thanks

Thanks for your suggestion. But as it states on the IR-1 Visa requirements, I must be living in the US to apply for the I-130. Is there a problem submitting the form from here (or likewise, from there - with my "permanent residence" in California), but living in Colombia?

Also, your first comment could have simply been reduced to "The first option is Visa fraud" and that would have been enough. I'm asking the question out of ignorance, not because I want to trick the system.

Hello,

My wife and I have been living in Colombia since 2009 and we're planning on moving to the US (Miami) in January/February of next year. We also have a two-year old girl who is a US citizen, born abroad.

I've read all of these forms and documents and posts and I really am not sure what is the best option:

1. Should we move to the US and apply with an I-485? She has had a B-2 Visitor visa for the last 6 years. Should we also apply for the I-131 immediately in case she needs to leave?

2. We're visiting Miami in December for one week – Should I start the process then if we will be leaving on Dec 9 and returning Jan 30?

3. Should I start the process here in Colombia right now? If so, does that mean we can't go to the US during this process?

I can use my mother's address in California as our US residence – and when we move, call in a change of address to Miami.

What to do?!

As long as she enters the country ever 5 months, it should be fine? She plans to be at her current work situation for about 3 more years before settling.

If this is the case, would it be better to simply apply for a tourist visa to enter the US and apply for the IR-1 in a couple of years?

Big NO-NO, Green-cards are NOT Permanent Visas, they are for permanent residence in the USA.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks Yu&Dan - great point. And thanks for linking to that page on USCIS.

Sounds like we'll just have to get her a tourist visa for the next few years.

have you tried researching this at the USCIS website?

i think she's supposed to stay in the US for an aggregate amount of time as a green card holder.

But she can enter and leave the US no problem.

Correct periods of absence of a year or more are a NO-NO without first filing an I-131 to get a re-entry permit.

Periods longer than 6 months will affect ability to naturalize and become a US citizen.

Thanks - I did research this further, but it did not mention the longer than 6 months... As long as she enters the country ever 5 months, it should be fine? She plans to be at her current work situation for about 3 more years before settling.

If this is the case, would it be better to simply apply for a tourist visa to enter the US and apply for the IR-1 in a couple of years?

From the USCIS website:

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

My soon to be wife and I will be filing for a CR-1 soon after our marriage ceremony. Once she receives her green card, will she be able to leave the country? And how long of a period can she leave - 1 week, 1 month, 1 year? Is there a time limit? We both travel a lot for work and she will need to leave the country often for extended periods of time.

Another question - once she receives her CR-1 green card, it will be valid for only two years - how long does the process take to extend it to 10 years?

Thanks!

A & C

Hmm... a few concerns first. Are you going to get your marriage license in June, or actually get married? You cannot file the I-130 until you have the physical marriage certificate. A marriage license is simply proof that you are allowed to be married, not that you ARE married.

Second, is January 2010 a finite date for a move? I think it is unlikely that you will get the visa by then. You should plan on about a year for the whole process, maybe a bit less if you get lucky every step of the way.

You might consider getting married now and filing for DCF if you are a legal resident there. It would be much faster- you might make it by January in that case.

Thanks imaisha. We will be getting married... I meant to say that we will have our marriage certificate at that time.

January 2010 is not a finite date - it's a hopeful date. But one thing I didn't mention is that we are not sure whether we will come back to Buenos Aires after our wedding ceremony or if we'll simply stay in Colombia until we get our VISA. How do we inform the USCIS where she is so that we can make sure she gets an interview at the correct consulate (either in BsAs or Bogota)?

Nope... can't get a DCF because I'm a tourist. Also, the US Embassy in Argentina (Buenos Aires) doesn't provide DCFs. Just an FYI

My fiance and I met in Buenos Aires last August. She is from Colombia on a student VISA and I am from the US on a tourist VISA (you can easily renew the 90-day VISA here by visiting Uruguay for a day).

We decided to get married and I moved to Buenos Aires to be with her. We have a wedding date set for December 19, 2009 in Colombia. But we've decided that we'd like to move to the United States after our wedding - in January 2010. We decided that it would be best to apply for the I-130 so she could travel in and out of the US with ease and the process would move faster for her to get citizenship and ultimately (quickly) apply for work there. We are going to Colombia next month - June - and plan to take care of all of the paperwork there and receive our marriage license. I am then planning a short trip to the US in July and plan to file all of the paperwork.

For my address, I plan on using my mother's address in San Diego and she'll send any documentation to me to sign, I'll send it to her and she'll send it in. I also have a local US number that forwards to me here. But I'm a bit concerned with all of this and I want to be legit.

Some questions:

1. Will I need to state that my address in Buenos Aires is where I am living (even though I'm on a tourist VISA)?

2. Can I use my mother's address as my address in the US instead?

3. When my fiance is given her interview date, does it have to be in Bogotá or can it be at the Colombian embassy in Buenos Aires?

4. Should I also apply for the I-129F? If so, what's the benefit?

Any help would be greatly appreciated.

Andrew & Carolina