K3 visa application

[LARA-LYN 0]

I was born in the usa but only lived in the usa until I was 5 yrs old. Now I would like to return and live in the usa with my South African husband (married for nearly 23 years) and my 3 teenage children. I have an american passport and a SSN, but because i haven't lived or worked in the USA up to now, so cannot produce Tax returns for usa which is asked for in one of the forms that is needed to file the visa application for my husband and children. Is this serious - am i the only one with a question like this?

[YuAndDan 153]

Not needed at time of petition filing, but may be needed at time of adjustment of status in the USA from the K-3 visa. Do you have a US Citizen relitive in the USA that can be Co-Sponsor, and Joint-Sponsor?

You probably will need to move to the USA ahead of family and establish US Domicile which is a requirement of the I-864 that will be used when adjusting status.

Edited April 15, 2008 by YuAndDan

[pushbrk 12,883]

I was born in the usa but only lived in the usa until I was 5 yrs old. Now I would like to return and live in the usa with my South African husband (married for nearly 23 years) and my 3 teenage children. I have an american passport and a SSN, but because i haven't lived or worked in the USA up to now, so cannot produce Tax returns for usa which is asked for in one of the forms that is needed to file the visa application for my husband and children. Is this serious - am i the only one with a question like this?

Are your children also US Citizens or qualify to be?

[LARA-LYN 0]

Not needed at time of petition filing, but may be needed at time of adjustment of status in the USA from the K-3 visa. Do you have a US Citizen relitive in the USA that can be Co-Sponsor, and Joint-Sponsor?

You probably will need to move to the USA ahead of family and establish US Domicile which is a requirement of the I-864 that will be used when adjusting status.

[LARA-LYN 0]

I was born in the usa but only lived in the usa until I was 5 yrs old. Now I would like to return and live in the usa with my South African husband (married for nearly 23 years) and my 3 teenage children. I have an american passport and a SSN, but because i haven't lived or worked in the USA up to now, so cannot produce Tax returns for usa which is asked for in one of the forms that is needed to file the visa application for my husband and children. Is this serious - am i the only one with a question like this?

I have already moved to the USA at the end of December last year

[LARA-LYN 0]

I was born in the usa but only lived in the usa until I was 5 yrs old. Now I would like to return and live in the usa with my South African husband (married for nearly 23 years) and my 3 teenage children. I have an american passport and a SSN, but because i haven't lived or worked in the USA up to now, so cannot produce Tax returns for usa which is asked for in one of the forms that is needed to file the visa application for my husband and children. Is this serious - am i the only one with a question like this?

I have already moved to the USA at the end of December last year. My children do not qualify to be US citizens as I didn't register their births with the consulate (didn't know I had to) and I did not stay in the USA after my 14th birthday.

[Delicia 1]

I am assuming that you had no income during the time you lived abroad. If you were working abroad, you are still required to file U.S. income tax returns to report your foreign income. If you did have foreign income, I suggest contacting a competent accountant and looking at filing your missing returns now.

I also assume you are working in the U.S. now. If you started employment in December, you need to file your 2007 return if you haven't already. If your current income is not sufficient to support a family of 5 (see income guidelines here), then you will need to find a joint sponsor to qualify.

Edited April 20, 2008 by Delicia

[LARA-LYN 0]

I am assuming that you had no income during the time you lived abroad. If you were working abroad, you are still required to file U.S. income tax returns to report your foreign income. If you did have foreign income, I suggest contacting a competent accountant and looking at filing your missing returns now.

I also assume you are working in the U.S. now. If you started employment in December, you need to file your 2007 return if you haven't already. If your current income is not sufficient to support a family of 5 (see income guidelines here), then you will need to find a joint sponsor to qualify.

Hi yes, I did have income in South africa, But filed jointly with my husband who was the major income earner and a South African, most of the time I earned under the minium taxable income, so it was not really considered.

I only started working in the USA in January and so cannot file for last year.

I have somebody who will be a joint sponsor for me. Will that be enough?

thank you

[pushbrk 12,883]

I am assuming that you had no income during the time you lived abroad. If you were working abroad, you are still required to file U.S. income tax returns to report your foreign income. If you did have foreign income, I suggest contacting a competent accountant and looking at filing your missing returns now.

I also assume you are working in the U.S. now. If you started employment in December, you need to file your 2007 return if you haven't already. If your current income is not sufficient to support a family of 5 (see income guidelines here), then you will need to find a joint sponsor to qualify.

Hi yes, I did have income in South africa, But filed jointly with my husband who was the major income earner and a South African, most of the time I earned under the minium taxable income, so it was not really considered.

I only started working in the USA in January and so cannot file for last year.

I have somebody who will be a joint sponsor for me. Will that be enough?

thank you

Your initial post refers to returning to the US in the future but now you say you've been working in the USA since January. I take it your children are not US Citizens. Where are your husband and children now? If in the USA, under what visa category? Help us help you.

[LARA-LYN 0]

I am assuming that you had no income during the time you lived abroad. If you were working abroad, you are still required to file U.S. income tax returns to report your foreign income. If you did have foreign income, I suggest contacting a competent accountant and looking at filing your missing returns now.

I also assume you are working in the U.S. now. If you started employment in December, you need to file your 2007 return if you haven't already. If your current income is not sufficient to support a family of 5 (see income guidelines here), then you will need to find a joint sponsor to qualify.

Hi yes, I did have income in South africa, But filed jointly with my husband who was the major income earner and a South African, most of the time I earned under the minium taxable income, so it was not really considered.

I only started working in the USA in January and so cannot file for last year.

I have somebody who will be a joint sponsor for me. Will that be enough?

thank you

Your initial post refers to returning to the US in the future but now you say you've been working in the USA since January. I take it your children are not US Citizens. Where are your husband and children now? If in the USA, under what visa category? Help us help you.

My Husband and children are currently in South Africa waiting for passports and long birth certificates, so that we can start the process.

[pushbrk 12,883]

I am assuming that you had no income during the time you lived abroad. If you were working abroad, you are still required to file U.S. income tax returns to report your foreign income. If you did have foreign income, I suggest contacting a competent accountant and looking at filing your missing returns now.

I also assume you are working in the U.S. now. If you started employment in December, you need to file your 2007 return if you haven't already. If your current income is not sufficient to support a family of 5 (see income guidelines here), then you will need to find a joint sponsor to qualify.

Hi yes, I did have income in South africa, But filed jointly with my husband who was the major income earner and a South African, most of the time I earned under the minium taxable income, so it was not really considered.

I only started working in the USA in January and so cannot file for last year.

I have somebody who will be a joint sponsor for me. Will that be enough?

thank you

Your initial post refers to returning to the US in the future but now you say you've been working in the USA since January. I take it your children are not US Citizens. Where are your husband and children now? If in the USA, under what visa category? Help us help you.

My Husband and children are currently in South Africa waiting for passports and long birth certificates, so that we can start the process.

In that case, a qualified joint sponsor with enough income to cover their own household plus 4 will work.

If you plan to stay here while they wait out the process, you'll need to decide between IR1 and K3. If you want your husband to work soon after arrival, I'd skip the K3. It will have him work eligible very quickly after landing and save you up to $4,000 in fees for adjusting status.

[LARA-LYN 0]

I am assuming that you had no income during the time you lived abroad. If you were working abroad, you are still required to file U.S. income tax returns to report your foreign income. If you did have foreign income, I suggest contacting a competent accountant and looking at filing your missing returns now.

I also assume you are working in the U.S. now. If you started employment in December, you need to file your 2007 return if you haven't already. If your current income is not sufficient to support a family of 5 (see income guidelines here), then you will need to find a joint sponsor to qualify.

Hi yes, I did have income in South africa, But filed jointly with my husband who was the major income earner and a South African, most of the time I earned under the minium taxable income, so it was not really considered.

I only started working in the USA in January and so cannot file for last year.

I have somebody who will be a joint sponsor for me. Will that be enough?

thank you

Your initial post refers to returning to the US in the future but now you say you've been working in the USA since January. I take it your children are not US Citizens. Where are your husband and children now? If in the USA, under what visa category? Help us help you.

My Husband and children are currently in South Africa waiting for passports and long birth certificates, so that we can start the process.

In that case, a qualified joint sponsor with enough income to cover their own household plus 4 will work.

If you plan to stay here while they wait out the process, you'll need to decide between IR1 and K3. If you want your husband to work soon after arrival, I'd skip the K3. It will have him work eligible very quickly after landing and save you up to $4,000 in fees for adjusting status.

I was under the impression that the K-3 process included an EAD. I don't know much about the IR1 process, and would I use it for both the children and my husband.

thank you

[pushbrk 12,883]

I am assuming that you had no income during the time you lived abroad. If you were working abroad, you are still required to file U.S. income tax returns to report your foreign income. If you did have foreign income, I suggest contacting a competent accountant and looking at filing your missing returns now.

I also assume you are working in the U.S. now. If you started employment in December, you need to file your 2007 return if you haven't already. If your current income is not sufficient to support a family of 5 (see income guidelines here), then you will need to find a joint sponsor to qualify.

Hi yes, I did have income in South africa, But filed jointly with my husband who was the major income earner and a South African, most of the time I earned under the minium taxable income, so it was not really considered.

I only started working in the USA in January and so cannot file for last year.

I have somebody who will be a joint sponsor for me. Will that be enough?

thank you

Your initial post refers to returning to the US in the future but now you say you've been working in the USA since January. I take it your children are not US Citizens. Where are your husband and children now? If in the USA, under what visa category? Help us help you.

My Husband and children are currently in South Africa waiting for passports and long birth certificates, so that we can start the process.

In that case, a qualified joint sponsor with enough income to cover their own household plus 4 will work.

If you plan to stay here while they wait out the process, you'll need to decide between IR1 and K3. If you want your husband to work soon after arrival, I'd skip the K3. It will have him work eligible very quickly after landing and save you up to $4,000 in fees for adjusting status.

I was under the impression that the K-3 process included an EAD. I don't know much about the IR1 process, and would I use it for both the children and my husband.

thank you

The K1 fiance(e) visa comes with a temporary EAD.

After arriving on a K3 (spouse) or K4 (children) visa, you pay $1010 for each person to adjust status. The EAD is included in that AOS fee.

With an IR1 (spouse) or IR2 (children) visa, the visa holder arrives with permanent resident status and work authorization.

Your study of the Guides has been woefully incomplete. The secret to success is to learn the process from the guides and then ask remaining questions. Skip the study and you'll never know what you should have been asking about until you're under the gun.

Whether the K or I route, everybody needs an I-130.

If you want an immigrant visa, don't file an I-129F for spouse.

Edited April 21, 2008 by pushbrk