Another: F1 to Residence

[AB1 0]

Hi,

I writing because I have been reading some of the topics but to be honest, I'm still lost. This is my situation:

- I have been married for 1 year and 2 months

- My wife is US Citizen but has never lived in USA till last July (2009). She has never worked in USA or done any tax declaration.

- I have an F1 visa. To obtain the visa I used my father-in-law (non US Citizen) as sponsor and I also got to loans to cover tuition and expenses during the two year studies till 2011

My wife is going to submit the petition for me to become resident. I have read the following instructive (http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2), but after seeing the information in the USCIS webpage (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD), I still have doubts about:

Whether to complete the I-864 form, because I understand that it is required when applying for a K-3/K-4 visa, but I still don't understand whether it would be my case. But, if it is mandatory, my wife is not working right now but her aunt is US Citizen and is self employed, so, can she be my sponsor even though my wife is the one who will do the petition for my residency (what is the right procedure in that case)?

Thank you so much for your help!

[Anh map 2,098]

Your wife as the petitioner will be the primary sponsor regardless of her income. She will complete an I-864 if she petitions for a CR1 visa. She would complete an I-134 if she petitions for a K3 visa. (CR1 is a better visa)

Being outside the country is not a sufficient reason for not filing. The US taxes on global income. If she was not required to file tax returns she will need to write an affidavit citing the appropriate IRS regulation. If she was required to file a tax return she will need to file the missing returns and supply IRS transcripts of those tax returns.

Any US citizen or LPR can be a co-sponsor. The co-sponsor will complete an I-864 (or I-134) and provide all needed documents.

Edited January 5, 2010 by Anh map

[AB1 0]

Your wife as the petitioner will be the primary sponsor regardless of her income. She will complete an I-864 if she petitions for a CR1 visa. She would complete an I-134 if she petitions for a K3 visa. (CR1 is a better visa)

Being outside the country is not a sufficient reason for not filing. The US taxes on global income. If she was not required to file tax returns she will need to write an affidavit citing the appropriate IRS regulation. If she was required to file a tax return she will need to file the missing returns and supply IRS transcripts of those tax returns.

Any US citizen or LPR can be a co-sponsor. The co-sponsor will complete an I-864 (or I-134) and provide all needed documents.

Thank you so much for your respond. It has been very helpful. Regarding the tax declaration I got your point and believe your right. The problem is that she has always lived and worked overseas so, she never thought about her tax declarations. This is for sure a matter not full related to the original topic in this forum, but, I would appreciate if you have more insights about how to solve her situation before applying for my residence.

Thanks

[sachinky 464]

Are you in the U.S. currently or in Venezuela?

[AB1 0]

Are you in the U.S. currently or in Venezuela?

I'm in USA right now, studying. I have a F1 visa.

[AB1 0]

Besides my last questions above, I would like to know whether my birth certificate needs to be recent, I mean, less than 6 month since issued or any other copy from previous years is fine?. Does it need to have an Apostille as well?

Thanks on more time

[sachinky 464]

Then you would be directly filing for AOS.

What do you mean your Birth Certificate has to be recent?

[Anh map 2,098]

Thank you so much for your respond. It has been very helpful. Regarding the tax declaration I got your point and believe your right. The problem is that she has always lived and worked overseas so, she never thought about her tax declarations. This is for sure a matter not full related to the original topic in this forum, but, I would appreciate if you have more insights about how to solve her situation before applying for my residence.

Thanks

See page 8 of the I-864 instructions for the info regarding the tax returns. First she should determine if she was required to file. A visit to a tax service like H & R Block would probably get some answers.

[AB1 0]

Then you would be directly filing for AOS.

What do you mean your Birth Certificate has to be recent?

Well, it has happened to me in the past, with other institutions not US based, which required a certified copy no older than 6 months and with an apostille. Maybe sounds weird, but I would like to be sure that any copy can work because doing so could take mor etime, specially in my country.