DCF Filing at Outreach Service?

[yachachiq12 43]

You can file the I-130 now even if he doesn't have a job lined up yet. The I-130 should be approved within about 6 weeks and then they'll schedule your interview, which is when you will bring the visa application and all the papers that normally go through NVC (since you're DCF'ing). You won't need the intent to re-establish domicile proof and financial support proof until the interview. If the interview is scheduled before you have the US job lined up or just before you're ready, you can ask the consulate to hold your paperwork until you're ready to re-schedule. The I-130 does not expire for 12 months and the sensitive issue is having everything by the interview point and traveling within 6 months of the issue of the IR-1, to be received after the interview. Point being: submit now, ask the Consulate to hold your interview until a later date, which you will ask for again when prepared. We had the Consulate hold our documents for 9 months because the I-130 was approved so quickly.

As far as intent to re-establish domicile, it sounds like the ties he has to the U.S. are a good start. I would suggest showing proof that the family has a place to stay upon arrival (we had a letter from my mother regarding staying in her house until finding an apartment) and at least email correspondence with realtors. Have some kind of correspondence, if not enrollment, with schools for the kids too. Your husband does not have to travel before you to make a convincing case for the intent to re-establish domicile.

Also, Citizen Services will probably not be able to answer any of your immigrant visa-related questions. They have policies against doing so (in Lima, at least). You may need to find the walk-in hours for the consular services folks instead.

[Kimmik 0]

You can file the I-130 now even if he doesn't have a job lined up yet. The I-130 should be approved within about 6 weeks and then they'll schedule your interview, which is when you will bring the visa application and all the papers that normally go through NVC (since you're DCF'ing). You won't need the intent to re-establish domicile proof and financial support proof until the interview. If the interview is scheduled before you have the US job lined up or just before you're ready, you can ask the consulate to hold your paperwork until you're ready to re-schedule. The I-130 does not expire for 12 months and the sensitive issue is having everything by the interview point and traveling within 6 months of the issue of the IR-1, to be received after the interview. Point being: submit now, ask the Consulate to hold your interview until a later date, which you will ask for again when prepared. We had the Consulate hold our documents for 9 months because the I-130 was approved so quickly.

As far as intent to re-establish domicile, it sounds like the ties he has to the U.S. are a good start. I would suggest showing proof that the family has a place to stay upon arrival (we had a letter from my mother regarding staying in her house until finding an apartment) and at least email correspondence with realtors. Have some kind of correspondence, if not enrollment, with schools for the kids too. Your husband does not have to travel before you to make a convincing case for the intent to re-establish domicile.

Also, Citizen Services will probably not be able to answer any of your immigrant visa-related questions. They have policies against doing so (in Lima, at least). You may need to find the walk-in hours for the consular services folks instead.

thank you so much, that has cleared it up nicely We've been researching this on and off for about 2 years now, so I've done plenty of reading and researching, the problem is that everything I have read is so contradictory! And it's impossible to talk to someone in person at the Consulate or find a straight answer anywhere. We can't do a walk-in as we don't have a Consulate where we live. We're sending off the paperwork for CRBA & passports for the kids today, to get an appt in a few weeks with an outreach service. They have stated that they are accepting I-130 submissions at this service now (which they weren't the last time we tried to get one). I'd like to get the I-130 in before the changes in August too. I didn't know it that you could do what you have suggested above, so that certainly makes things easier.

Fingers crossed he gets this job and all goes smoothly, otherwise we're just back in limbo again

[Kimmik 0]

Has your US citizen spouse been filing US tax returns over the last several years? If not, go ahead and get the last 3 years (at least) taken care of. That has tripped up a few expats who did think that the US required them to file. It does.

Can you point me in the direction of somewhere official that I can see this stated, so I can show him. He is convinced that he is not required to file tax returns and I cannot convince him otherwise. He says all his research tells him that it's not required, however I don't agree with him, I just don't have anything concrete to show him that will change his mind and I can't remember where I learned that it was required.

Edited July 6, 2011 by Kimmik

[Penguin_ie 5,996]

Sure thing:

"Your worldwide income is subject to U.S. income tax, regardless of where you reside"

from: http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.html

[yachachiq12 43]

Can you point me in the direction of somewhere official that I can see this stated, so I can show him. He is convinced that he is not required to file tax returns and I cannot convince him otherwise. He says all his research tells him that it's not required, however I don't agree with him, I just don't have anything concrete to show him that will change his mind and I can't remember where I learned that it was required.

Here's the page for Americans living abroad that deals with taxes: http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.html

Get the I-130 filed and start compiling everything for the interview while you wait to hear on the job, starting with getting taxes in order. Clear instructions for intent to re-establish domicile are within the I-864 packet, by the way. There are also a few good threads here on VJ with suggestions for documents.

[Kimmik 0]

thanks.

Seems odd and unfair that we'd be required to pay tax to two countries at the same time. We pay plenty of tax here as it is!

[Darnell 8,479]

We Want Your Money

but seriously, there's a yearly income exemption amount.

then there's some other tax treaty in place with OZ, as well.

Dig a bit, you'll prolly find he not owe any tax, but

do fill out the forms, run some maths.

Maths Is Kool.

Edited July 6, 2011 by Darnell

[Kimmik 0]

thanks, I'm just reading about foreign earned income exclusions. it just seems a bit grabby that they think they can tax you twice on income that you earned while living and working permanently elsewhere. Discouraging US citizens from leaving the country maybe?!?

[Darnell 8,479]

run through an entire tax return, just for grins, using pencil.

Keep at it !

[nota.bene.: as well, can also mean: in addition to]

Edited July 6, 2011 by Darnell

[Kimmik 0]

problem now will be convincing him that he needs to submit the returns. He's quite stubborn when he believes he's right, I'm not even sure that showing him the IRS links will convince him.

[Anh map 2,098]

Can you point me in the direction of somewhere official that I can see this stated, so I can show him. He is convinced that he is not required to file tax returns and I cannot convince him otherwise. He says all his research tells him that it's not required, however I don't agree with him, I just don't have anything concrete to show him that will change his mind and I can't remember where I learned that it was required.

www.irs.gov is the website for the Internal Revenue Service. The answer lies within. http://www.irs.gov/businesses/small/international/index.html

The affidavit of support form that he will submit also requires US tax returns to be submitted. The FAQ link that I gave you earlier speaks about the tax returns. Also the form and instructions can be found here >>> http://www.uscis.gov/i-864

problem now will be convincing him that he needs to submit the returns. He's quite stubborn when he believes he's right, I'm not even sure that showing him the IRS links will convince him.

Have him call the embassy and ask what the chances of you securing a visa is without him submitting the US tax returns. That may give him a clearer view. I assume that he's grown quite fond of you over the years and would like you to join him and the kids in the US.

[Anh map 2,098]

FWIW, From the irs.gov website>>

U.S. Citizens and Resident Aliens Abroad

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

[Penguin_ie 5,996]

It is extremely unlikely that you will need to pay tax- the USA has bilateral agreement with many countries which emans you only get taxed in your resident country. BUT he still needs to file the returns. If he does not, you WILL be denied the visa.

[Darnell 8,479]

problem now will be convincing him that he needs to submit the returns. He's quite stubborn when he believes he's right, I'm not even sure that showing him the IRS links will convince him.

Sorry sweetie - there's only one way to 'fix him'

and that's to

do them yerself.

Practice a lot.

Then when you feel confident in your numbers and your understanding of the USA tax code,

make a final set of filled out tax forms, for each year,

present it to him, ask him to sign it

then go about yer business.

[suggest to file as married filing jointly, each year, you attach form w-7 on YOU]

Edited July 6, 2011 by Darnell

[Kimmik 0]

thanks.

I'm an Accountant so I should be able to work it out. I'd probably end up doing it even if he was in agreement that it needed to be done. Hopefully I can convince him tonight that he's wrong. I"m not sure what he read or where he read it but it's had him convinced for years now and and I haven't been able to convince him otherwise.

At least I finally got the CRBA & passport paperwork for the kids sorted. Why is it that I'm not the US citizen, yet I'm doing all the work?!

It's not like I would even choose to move if it wasn't for him. I'd be happy to stay here!