CR1/IR-1 Visa or K3 Visa - we are both living out of USA

[Penguin_ie 5,992]

Ok, but some said that foreign income doesn't count?!?

They are both correct- foreign income doesn't count for visa sponsorship, but any US citizen needs to file taxes with the IRS, even if living abroad. A visa will not be granted without proof of tax filings.

[aaron2020 11,651]

Ok, but some said that foreign income doesn't count?!?

As a US citizen, your wife is required to file US tax returns on her worldwide income even if nothing is earned in the US. The US taxes based on US citizenship and LPR status, rather then on residency in most other countries.

Your wife could be entitled to a foreign income exclusion. Even if the exclusion results in zero taxes owed, your wife still has to file.

Enough about US tax laws.

Here is how your wife's tax situation will affect you. She needs US tax returns from the last 3 years in order for you to get a visa. Even though her income will not count and a Joint Sponsor is being used, your wife has to fulfill the the requirement to file US tax returns in order for you to get a visa.

[Peter79 0]

Oh, ok....I understand it....hope so:) if I will have further questions i will post them here:)

Thx for now.

[Petar&Wendy 30]

I just have a bit of experience to share. I am a USC, my husband is a Serbian citizen and we are living in Serbia now. In September we filed our I-130, sent it to the Chicago lockbox and now we are waiting. I have contacted USCIS and requested an expedite for two reasons under the expedite criteria but was denied. I also brought up the point of DCF (where a USC living abroad with their foreign spouse/family files with their consulate to get home faster) but wasn't given a straight answer. Our embassy in Serbia, and I believe all central and eastern european US embassies no longer take visa applications (which is why you will send your I-130 to the Chicago lockbox). They will not treat you as a DCF and an expedite is VERY difficult to get because of the volume of peoples needs/requests. It will be a year+ from sending package to entering the US, then you will have more paperwork to do there. Good luck and best wishes!!

[David & Diana R 1,005]

Hello

I have read a lot of informations about CR1/IR1 and K3 Visas, but I have still some questions.

Here are the facts:

- my wife has USA and Croatian citizenship (has US passport)

- we live together in Croatia (Europe)

- she is working in Croatia, I am working in Slovenia (Slovenian citizenship)

- we are married less than 2 years

- we want to move to the USA where her 14 years old son (from first marriage) lives, and her aunt lives.

Now as I understanding:

1. option:

- I can apply for K3 visa (I-130 and I129F)

- to work in USA I must immediately apply (when I'll be there) for I-485 and then for I-765 ?

or

2. option:

- I can apply for CR1/IR-1 visa ( I-130 and I-864 )

QUESTIONS:

=> Here I have question about filling form I-864 - Affidavit of Support. Because my wife (my sponsor) is not working in the USA but here in Croatia where we are living, what we have to do? Fill this form with incomes from Croatia or what? Or the sponsor should be some one else (like her aunt)?

=> In my case...which is better and faster...apply for K3 (with I-129F form) or IR1 visa (just I-130)?

PS> sorry for a little bit longer post and for my grammar mistakes:)

The IR-1 visa sounds like the best for you, however you must have been married for a MINIMUM of 2 years. If you wait until you have been legally married for 2 years then file for IR-1 you will be allowed to work in the USA technically upon landing. There are advantages to the IR-1 over the CR-1. See guides at the top of the home page. Good luck and God Bless.

[Peter79 0]

Hmmmm not so good news. I was planning to call US embassy in Slovenia for DCF.

My wife's son (from first marriage) is going to school in the US (high school first year) and we planning to start new life somewhere till end of 2014.

[Peter79 0]

Hi every1

Now I was talking with my wife about taxes. She has US and Croatian citizenship. As she work in Croatia for last 10 years she is paying taxes here as all croatian do.

At the embassy they never told her that she must file tax report. Now she is confused.

What to do now with I-864?

I know there is still some time to get to this point, but anyway...

Edited December 6, 2013 by Peter79

[aaron2020 11,651]

The US Embassy processes the immigration petition. Their job is not to advise you about all the requirements. That's why there are immigration lawyers to give advice. Don't expect the US Embassy to walk you through the process by telling you what you need to do. You are expected to know the requirements for what you apply for.

This is a Do-It-Yourself forum so there are lots of requirements you must learn on your own unless you use a lawyer. The US Embassy will not tell what you need to pass their process - they don't advise on individual cases.

Your wife needs to file her US tax returns. Filing her Croatian rax returns does not excuse her from filing US tax returns.

http://travel.state.gov/visa/immigrants/info/info_3183.html#31

Edited December 6, 2013 by aaron2020

[NikLR 13,227]

Hi every1

Now I was talking with my wife about taxes. She has US and Croatian citizenship. As she work in Croatia for last 10 years she is paying taxes here as all croatian do.

At the embassy they never told her that she must file tax report. Now she is confused.

What to do now with I-864?

I know there is still some time to get to this point, but anyway...

You do not need to worry about sending the I-864 with the I-130. It's not needed until the I-130 is approved and the case moves to the national visa center. That is why I suggested concentrating on the I-130 and read up on the rest after step 1 is done.

Your wife will need to file back returns. Unless she made over the foreign exclusion amount though she wont have to pay any taxes. I believe that is around $90k.

Edited December 6, 2013 by NLR

[Peter79 0]

Huh....more paper work:/

Grrrrr...what she was thinking....

[Hypnos 6,576]

There is no DCF in the Balkans due to there being no USCIS field offices at the US embassies in those countries.

You can find a list of international USCIS field offices here: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices and if your country isn't on that list then you cannot file DCF.

Edited December 7, 2013 by Hypnos

[raven52 233]

Penguine is very accurat on the amount of time, but to me at least a year for I-130.,.,.,,maybe more, but I have seen it in 6-7 months, but most are a year or longer!

[maeve808 5]

Here you will find info about filing back taxes: http://www.irs.gov/Individuals/International-Taxpayers/Frequently-Asked-Questions-About-International-Individual-Tax-Matters

I think filing back taxes for the last 3 years will be required for your wife.

More info is here: http://americansabroad.org/issues/taxation/us-taxes-while-living-abroad-faq/

[Peter79 0]

Have some more questions. I know that marriage certificat,birth cert have to be translated to English.

For evidence we also have:

- joint bank account here in my country

- both names are on the car insurance policiy

- etc,....

Are these paper have to be transleted to English for I-130 too, or is it enaugh just to append copys.

[milimelo 4,413]

Unless it's in English you have to get it translated.