A friend filing I-130/ IR1

[RandyandRina 2]

Hello All,

I am helping a friend and I need more information of how she can get her husband of 2-years to the US. Here's the situation

(1) She stayed in the Philippines for about 2 years, but a naturalized USC

(2) She is coming back to the US this month and would like to petition her husband ASAP

(3) obviously, no tax records during the time of her absence in the US. One or two family members willing to co-sponsor with her

(4) as soon as she gets here she will establish all the basics to prove domicile in the US: physical US address, banks, job, etc.

Does she has to wait for certain # of months before she can file the petition?

Any other key points to share?

Thank you all in advance!

[MargotDarko 0]

She doesn't have to wait. She can file the I-130 now, and as naturalised citizen, it will be processed just as quickly as other USC's petitions. Domicile only has to be established before the date of the interview.

Did she work at all in Phillipines? If she made more than the minimum tax filing exemption, then she does have to file tax returns. If she didn't make enough or didn't have any job, she'll need to include a letter with the I-864 (during the NVC stage) explaining why she doesn't have tax returns for those two years.

She doesn't have to come back this month - unless of the course she's coming back for reasons other than filing. She just has to establish US domicile before the interview. As it sounds like she has family members in the US willing to help her, she can do part of the process from overseas.

One last thing - I'm not familiar with direct consular filing in the Phillipines, but it seems that it could possibly be an option for her if she doesn't have to return to the US for some reason other than filing. Most embassies/consulates abroad will accept I-130 petitions from USCs who are resident in that country. I am assuming that she already has her US passport and is actually resident in the Phillipines.

[SeiChii 1]

Hello All,

I am helping a friend and I need more information of how she can get her husband of 2-years to the US. Here's the situation

(1) She stayed in the Philippines for about 2 years, but a naturalized USC

(2) She is coming back to the US this month and would like to petition her husband ASAP

(3) obviously, no tax records during the time of her absence in the US. One or two family members willing to co-sponsor with her

(4) as soon as she gets here she will establish all the basics to prove domicile in the US: physical US address, banks, job, etc.

Does she has to wait for certain # of months before she can file the petition?

Any other key points to share?

Thank you all in advance!

Thanks a lot sis RandyandRina...

[RandyandRina 2]

Thank you MargotDarko

She doesn't have to wait. She can file the I-130 now, and as naturalised citizen, it will be processed just as quickly as other USC's petitions. Domicile only has to be established before the date of the interview.

Did she work at all in Phillipines? If she made more than the minimum tax filing exemption, then she does have to file tax returns. If she didn't make enough or didn't have any job, she'll need to include a letter with the I-864 (during the NVC stage) explaining why she doesn't have tax returns for those two years.

She doesn't have to come back this month - unless of the course she's coming back for reasons other than filing. She just has to establish US domicile before the interview. As it sounds like she has family members in the US willing to help her, she can do part of the process from overseas.

One last thing - I'm not familiar with direct consular filing in the Phillipines, but it seems that it could possibly be an option for her if she doesn't have to return to the US for some reason other than filing. Most embassies/consulates abroad will accept I-130 petitions from USCs who are resident in that country. I am assuming that she already has her US passport and is actually resident in the Phillipines.

You are welcome sis!

Thanks a lot sis RandyandRina...