My wife (petitioner) has been out of the states for 10 years

[j.ismail 0]

Hi everyone,

My wife (US Citizen) and I (Australian) are currently working in living in Colombia, South America. We want to apply for the CR1 Visa however I just read that for the NVC process she has to provide:

# Last 3 years IRS Tax Transcripts (otherwise, last 3 years 1040 and W-2/1099)

# Original Employment Letter

# Pay stubs (include a few recent ones and a selection from throughout the previous 3 years)

My wife has been overseas for the last 10 years. Does anyone know whether the NVC will accept foreign tax transcripts and employment letters? Will it matter that neither of us are in the states and have a job there? Would it be better to wait for her to get a job offer first in the states before we make an application?

Thanks

Johan

[nickbits 43]

Your wife should have filed US returns regardless of where she was living.

[canadian_wife 1,827]

As a US citizen she is still required to file US taxes. I suggest she files back taxes as soon as possible.

I'm not sure about where you are interviewing, but Montreal is STRICT about domicle. As in the US citizen must prove that they intend to return to the US no later than the intending immigrant. You might want to look into this via the DCF forum (assuming you are DCF-ing) to see if your consulate is as strict about domicile

Good luck

[YuAndDan 153]

US citizens may be exempt from paying US tax on foreign income, however are not exempt from filing IRS returns every year.

NEED to be US IRS Returns.

ALSO: Living overseas may have abandoned US Domicile, will have to reestablish US domicile in order to sponsor the green-card. Petitioner MUST be primary sponsor and provide an I-864, and the I-864 REQUIRES US Domicile.

[Penguin_ie 5,996]

As the others have said, USC will need to file tax returns with the IRS. She can backfile, it won't take much extra time.

She will need to be able to financially sponsor you for the visa. Three ways of doing this (as foreign income doesn't count unless it will continue when she moves to the USA):

- USC moves to US first, gets a job, provides paystubs.

- Sponsor on assets- savings account, property, shares etc. Usually have to be US based.

- Get a co-sponsor; a US based family member or friend who will stand guarantoor for you.

Check out the DCF forum, which is specifically for couples where both live abroad: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

[giamimigio 21]

Your wife should have filed US returns regardless of where she was living.

:thumbs:

been away for 3 years. filed every year