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Posts posted by sunnysayan
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This what I found from the 1-130
we only have a joint bank account. of course we can find friends write us Affidavits.
we have a few real magazine articles written about us in 4 REAL magazines ( In Phuket, Bangkok, China and in Italian) and we are in the Lonely planet as a husband wife team. Dose that kinda stuff count?
E. Documentation showing joint ownership or property; or
Thailand Everything in Thai name. Can't be in wifes (name)
F. A lease showing joint tenancy of a common residence; or
we own! Thailand Everything in Thai name. Can't be in wifes (name)
G. Documentation showing co-mingling of financial resources; or
have a rarely used joint account.
H. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
no kids
I. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or
Can you give me an example??
J. Any other relevant documentation to establish that there is an ongoing marital union.
Can you give me an example??
NOTE: If you married your husband or wife while your husband or wife was the subject of an exclusion, deportation, removal, or rescission proceeding (including judicial review of the decision in one of these proceedings), this evidence must be sufficient to establish the bona fides or your marriage by clear and convincing evidence.
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thanks you guys.. i really appreciate your time.
yes , we have... im am a legal resident in thailand for 6 + years.
except we have no intension to really live in the usa ... so we have to make up a bit about wanting to live there. but the officers at the bkk embassy told us it was the only visa he was able to get for a visit. so we will get an immigration visa and then throw it all away ( this what they, the embassy, and a few local Imm. lawyers told us to do!) . Our home , business, life is here aboard, but after 7 years i want to show my husband where i come from... a tourist visa is not an option we were told, as we mistakenly showed them our 1040 tax forms in the 1st place and his US tax ID number to the officer and we were flagged... ... gonna be and expensive trip....
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Are joint 1040's good to show or not?
we have bee married and together for 7 years, USA toursit visa denied. So we will try DCF in Thailand.
THANKS
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I-864 - Unless your income will continue after you move back to the US then it can't help you qualify for the I-864. Majority of DCFers use their assets or a joint sponsor to qualify.
ok
Address - Do you have a permanent mailing address in the States? (such as your parent's house) If so use that
yes
Birth certificate- Husband will have to obtain one (I'm assuming he is the beneficiary/immigrant and you are the petitioner/sponsor)
yes
Bonafide marriage - They may or may not ask to see any.. varies by Embassy/Consulate. Sydney didn't ask to see any even though I had prepared photos, affidavits, joint bank statements, etc. Best to have a search on this forum for advice from other VJers that have dome DCF through BKK and see what their experience was
thank you... any other thoughts please?
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Thanks barry and jimmy for posting this. very helpfull!
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Dear Thai Experts,
Quick change of topic....
Just found this forum, and it’s been very helpful! I posted something like this in the DCF section; hope its ok I post here too.
We are in the beginning of filling our I-130/IRC-1. and we want to include our assets in Thailand/SEA. My husband owns land and we have a rental property. We also have rental property in Indonesia in my name. The rental income will continue. So my question is:
Where do we find an approved USCIS licensed appraiser to do a valuation? Or do we just translate our deeds / bills of sale / long-term lease? A simple translation won’t show the current value.
Are we required to add this info on our US income taxes? Currently Uncle Sam does not know of our overseas property holdings and if we don’t- will we be flagged?
Thanks all! S&S
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A Non IMM-0 stamp is my current Visa. It’s a Non immigrant visa stamp based on my marriage to a Thai national. It’s the most important doc to prove my ties to my husband and my Thai Res. status.
I’ve contacted the USCIS Bangkok, they were very helpful and said they will accept our application. They even have staff to personally look over our I-130 app to make sure it’s complete before it goes “in”.
0ur 2 options from a BKK attorney:
1) Obtain the green card and then file for a "Re-Entry Permit" which will allow him to remain outside the US for up to two years at a time without being deemed to have abandoned his PR status.
2) Obtain green card and hold/use it for a year or two. Then affirmatively abandon it and apply for a tourist visa.
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our income is way below the exclusion - and we never had to pay any tax to the u.s. in 4 years.. Try turbo tax, You do it all online and dont have to pay until you are ready to print /file. At least see what they say to compare. The return in our case went into a my U.S. bank in about a month.
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Thanks Ning and all.
Any ideas about finding a licensed appraiser in Thailand? The Land office is for our land, but we have some property that is seperate from the Land. How can this be handled?
Ning I checked out your timeline: Did you have a lawyer look over your docs?
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Ah map is right.
She needs still needs to file- All USC have to-- 2555 Foreign Earned Income Exclusion
I use turbo tax and can do it online. but you cant e file- just mail it in.
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Follow up, I've contacted two laywers in BKK.
They both agree we have been flagged, being I am a USC or whatever, they suspect that we are intending to use a tourist visa entry to circumvent the waiting period for an immigrant visa. Its our only option, and if granted, one we will throw away when we return home to Thailand.
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Yes, DCF Yes, I-864 Thanks-
Our total household income does meet the requirement, it will go away---coz its overseas income--- so we need these assets.
Can rental income be counted as income? As it wont go away?
It might be worth while to add these properties to next years U.S. taxes as well?
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Sorry i meant-- Affidavit of Support (Form I-864) im a newbie and overwelmed!
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Can someone define overseas assets and if allowed on Form I-134?
My husband and I own 3 houses, 2 are rental properties, and land overseas and an expensive truck. Although they have not be reported on our US taxes- we do pay local taxes to both countries that they are in.
one is held in my name / wife is sponsor
Two in my husbands name / beneficiary
If so, I assume we would need to translate all the titles / deeds. We prefer not to sell the property as it provides additional income.
Thanks.
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THX Meuxna,
My / our residence abroad was presented on our 1st attempt. He provided 3 years of copies of my California Nonresident AND Foreign Earned Income. I thought U.S. tax forms would be the best evidence. But they seemed liked they had never seen them before. He also presented my passport with 4 years of Non IMM-0 visa stamps. They just said to apply for an IV.
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After further reading - I will file our 2009 1040/2555 as our overseas business income & my graphic design income, The design income can be transfered and counted as US income I believe?
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Early planning for 2010.. many questions....
1st income to qualify for I-864, on the Affidavit of Support:
We file Foreign Earned Income Form 2555, on line 20A it says $18,000 USD for 2008, due to filling joint our income is reduced to minus on our 1040... Wont this be a flag? Should we file next year as seperate, not joint? Also we dont have W2s we file Foreign Earned Income. We will include a co sponser.
Address? Where, I dont have a real one? My 2nd sponsers house, my mailing address?
Hubby has no B/C will his passport suffice? Will his INTI number help?
Evidence of a Bonifide Marriage ???
These are the 5 options I found, and my questions.. THANKS!!
1. Documentation showing joint ownership or property
I am not Thai, I cant own land or house / Tesssabaan won't add my name to blue book. we checked.
2. A lease showing joint tenancy of a common residence
We dont lease, we own. Do I have my husband draw ME up a lease?
3. Documentation showing co-mingling of financialresources
We have a small Thai joint account. Should I get my husband, lets say on my U.S. credit card? Its an easy way, and I dont have to give him a the actual card. :-)
4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together
No kids.
5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship.
Can someone elaborate?
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We will be married for over 5 years at the time of filling- so we wont have any restrictions, correct?
Thanks dayboyz!!
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Hi VJ,
Sorry very new here....
We are stilling trying to figure what / how to get my husband the correct visa.
I read here "CR-1s take longer but allow immediate work and travel"
How long is the "aprox" wait for a GC?
If we get a IR/CR 1 visa then get his GC, when can we leave? We need an exit permit too correct?
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So, if we get this IR 1-visa approved, go to the states next summer, we hope. Won't we be in better standing in the eyes of immigration / consulate and the possibility of attaining a 10 year tourist visa when we return? Not only is this route expensive and time consuming, it seems our only path.
Won't his status be better, than having 2 strikes saying B2 denied?
Thanks Len, but we dont have the money to start a business like ours in the US.
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Perhaps it's a Bangkok Embassy thing-
But this person went for a K-1 fiancee visa, and the officer gave them a 10 year visa...
http://www.thaivisa.com/forum/Tourist-Visa...sa-t276163.html post 15
"We actually filed for fiancee visa and was approved. But the lady at counter 1 told us how long we were to stay in the U.S., we just said 1 month and have to return back because we currently reside in Thailand. She said the fiancee visa was not for us and recommended the tourist visa because fiancee visas are intended for people to legally reside and work in the USA permanently with intention of obtaining a greencard. We had to be in the U.S. for like 2 years concurrently which was unacceptable, she just put our 100 pages of documents away in a file and said come back tomorrow to pickup your tourist visa. It is good for 10 years and up to 6 months per entry and she said the application fiancee for visa is in the computers so just tell the ins official at the airport."
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Dear kaffy,
actually bubba the poster of that statement - was not the op. So, I have PM'ed him/her. Thanks again for your attention.
"There is one other option, however. If you really don't plan on living in the USA again with your green card holder, you can simply surrender the green card and they will automatically be provided with a ten year multiple entry visitor's visa. If your plans change later and they want another green card, you can apply for a new one which would likely be approved, but of course there will be another 12 month wait and fees."
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They didn't.
They ticked the box not enough ties to Thailand on a standard form, but we came back over 850 Kilometers the next week with these additional docs:
-4 years of MY visa stamps for my NON IMM O based on marriage
-Ownership and management of a tour business, current captains license, boat registration, annual safety insurance, booking schedules, tax payments and local tax for signage at our house at the local gov.
- My assets /IRa's in the US
-Ownership of 2 houses
-Ownership of 3 Rai of Land
-Ownership of another rental property in Asia
-Ownership of a Toyota truck and Motorcycles
-Marriage licenses for 4 years/ partner 7 years
-100k thb in joint Thai bank account
- Current copies of U.S. Joint Tax forms 1040 & Form 2555 for 2006, 2007 & 2008 and his INTI number
-Letter of invitation from my brother in California
-Return tickets and travel insurance
Then they just told him to apply for a Perm visa. They refused to talk to me...... To me, it seems they didnt know what to make of a 1040 & Form 2555 for a B2 visa. But I dont know.
Evidence of a Bonifide Marriage
in Direct Consular Filing (DCF) General Discussion
Posted
Hubby has a US ITIN Number - Individual Taxpayer Identification Number. Should I use that when they ask for a SSN?
Thanks