I-864 question re: Assets and Taxes PLS ADVISE!

[doubleyellowlines 0]

Hello all!

My first post and I need help!

I will be petitioning for my wife for an immigrant visa. I have been living in Turkey for the last four (4) years and will be filing at the US Embassy in Ankara. We have a son and I got him a birth cert and a US passport issued three years ago.

(I believe I must show evidence of income for three (3), according to poverty line, since we have a son)

As for the immigrant visa, I get ABSOLUTELY NO HELP from anyone at the embassy. I was not even able to talk to anyone from the Immigrant Visa Unit! My e-mail to them never returned! So I would really appreciate it if some of you could kindly assist me based on your experiences!

All I have that I can go with is what the US Emb Ankara has on their website, which is this:

http://turkey.usembassy.gov/media/pdfs/iv_instructions_052011.pdf

First, I have a question about a tax issue, in relation to the I-864:

I have not filed taxes for the last four (4) years that I have been living in Turkey. I called IRS 800 number and told that I'd like to file my 1040s for the last four years. IRS rep told me that, because I am employed by a foreign company, I can not e-file, so I must send the filled out 1040's to an IRS office at Austin, TX.

Now according to the PDF file I linked above, I must provide supplemental docs to I-864, which are W2 and 1040. W2 is out of question since I work for a foreign company. That is O.K. As for 1040, what is it that am I supposed to do?? If I attach to the I-864 the photocopies of the last four years of 1040's that I will mail to IRS, would that suffice it? Or will I receive some type of notice back from IRS, and that am I supposed to attach such notice to the I-864?I am not good with taxes and I don't get it!

(I will not forget to write a statement as to why I did not file taxes, will say, since my income has been less than $9,350/year, that, IRS doesn't require filing of taxes. I also asked IRS to mail me previous years' transcripts on which I had a steady income of $35-$40K, which I will attach all to the I-864)

My 2nd question: I don't make enough money from the company that I work for, merely $5K a year. I have a paid house here which is worth roughly $75K. Please correct me if I am wrong, based on my household being three (3), I must show 23K (125%) X 3 yrs = $70K worth of assets.

I can't read where, but I remember reading that, as long as the property owned can be turned into cash in one year, it can be included. Can I perhaps attach an appraisal document from a local business regarding the value of the house? Would that help? Or should I rather wait, sell the house, put the money in bank and then go ahead and file the petition for my wife? (Of course, I'd prove at the interview that it is not just a sham money, it is from the sale of my property)

3rd question, worst comes to worst, should I go back to US, find a job there, get a letter from an employer showing my salary info and send it to my wife? (I think I would have to go beforehand anyways, "to show domicile" by getting a rental agreement, buy a car etc, to try and prove my domicile being US)

THANKS OF BUNCH IN ADVANCE!!!!

Edited October 27, 2011 by doubleyellowlines

[Navyk 78]

Hello all!

My first post and I need help!

I will be petitioning for my wife for an immigrant visa. I have been living in Turkey for the last four (4) years and will be filing at the US Embassy in Ankara. We have a son and I got him a birth cert and a US passport issued three years ago.

(I believe I must show evidence of income for three (3), according to poverty line, since we have a son)

As for the immigrant visa, I get ABSOLUTELY NO HELP from anyone at the embassy. I was not even able to talk to anyone from the Immigrant Visa Unit! My e-mail to them never returned! So I would really appreciate it if some of you could kindly assist me based on your experiences!

All I have that I can go with is what the US Emb Ankara has on their website, which is this:

http://turkey.usemba...ions_052011.pdf

First, I have a question about a tax issue, in relation to the I-864:

I have not filed taxes for the last four (4) years that I have been living in Turkey. I called IRS 800 number and told that I'd like to file my 1040s for the last four years. IRS rep told me that, because I am employed by a foreign company, I can not e-file, so I must send the filled out 1040's to an IRS office at Austin, TX.

Now according to the PDF file I linked above, I must provide supplemental docs to I-864, which are W2 and 1040. W2 is out of question since I work for a foreign company. That is O.K. As for 1040, what is it that am I supposed to do?? If I attach to the I-864 the photocopies of the last four years of 1040's that I will mail to IRS, would that suffice it? Or will I receive some type of notice back from IRS, and that am I supposed to attach such notice to the I-864?I am not good with taxes and I don't get it!

(I will not forget to write a statement as to why I did not file taxes, will say, since my income has been less than $9,350/year, that, IRS doesn't require filing of taxes. I also asked IRS to mail me previous years' transcripts on which I had a steady income of $35-$40K, which I will attach all to the I-864)

My 2nd question: I don't make enough money from the company that I work for, merely $5K a year. I have a paid house here which is worth roughly $75K. Please correct me if I am wrong, based on my household being three (3), I must show 23K (125%) X 3 yrs = $70K worth of assets.

I can't read where, but I remember reading that, as long as the property owned can be turned into cash in one year, it can be included. Can I perhaps attach an appraisal document from a local business regarding the value of the house? Would that help? Or should I rather wait, sell the house, put the money in bank and then go ahead and file the petition for my wife? (Of course, I'd prove at the interview that it is not just a sham money, it is from the sale of my property)

3rd question, worst comes to worst, should I go back to US, find a job there, get a letter from an employer showing my salary info and send it to my wife? (I think I would have to go beforehand anyways, "to show domicile" by getting a rental agreement, buy a car etc, to try and prove my domicile being US)

THANKS OF BUNCH IN ADVANCE!!!!

1. You will have to find a co-sponsor that can sponsor your wife along with his/ her dependents (his/her income needs to be 125% of the his/her dependednts plus your wife).

2. You still have to file your I-864. You will have to explain why you didn't file federal tax returns. Your tax returns prior to 2008 may not help you (only last 3 years are required/ optional)

3. Your house abraod will not be of any help.

4. If you can't find a co-sponsor, then probably your only option is to get a job first (that pays enough to support 3 members) and then file the I-130 petition for your wife

The best option for you is to find a co-sponsor. All the best.

[doubleyellowlines 0]

1. You will have to find a co-sponsor that can sponsor your wife along with his/ her dependents (his/her income needs to be 125% of the his/her dependednts plus your wife).

2. You still have to file your I-864. You will have to explain why you didn't file federal tax returns. Your tax returns prior to 2008 may not help you (only last 3 years are required/ optional)

3. Your house abraod will not be of any help.

4. If you can't find a co-sponsor, then probably your only option is to get a job first (that pays enough to support 3 members) and then file the I-130 petition for your wife

The best option for you is to find a co-sponsor. All the best.

Thank you!

My question is, if I sell my house and put $70K+ in my bank account records, why would it be of not any help?

Additionally, I can show approx $35K worth of stocks, which are immediately convertible into money.

Secondly, most likely the answer will be a no, but, can a non-US citizen be a co-sponsor? Can a green card holder be a co-sponsor?

Thanks in advance.

Edited October 27, 2011 by doubleyellowlines

[Navyk 78]

Thank you!

My question is, if I sell my house and put $70K+ in my bank account records, why would it be of not any help?

Additionally, I can show approx $35K worth of stocks, which are immediately convertible into money.

Secondly, most likely the answer will be a no, but, can a non-US citizen be a co-sponsor? Can a green card holder be a co-sponsor?

Thanks in advance.

1. Sorry, I missed the point of selling - yes, that should be fine, because you will have evidence of these deposits into your account in US Bank Account.

2. Non-US Citizen can not be a co-sponsorer but a Permanent resident (Green card holder) can be.

Edited October 27, 2011 by Navyk

[Ryan H 3,812]

I will be petitioning for my wife for an immigrant visa. I have been living in Turkey for the last four (4) years and will be filing at the US Embassy in Ankara.

Based on these sentences, I am concluding you have not yet filed the I-130. If that is the case, you will have to send the I-130 to the Chicago lockbox because there is no USCIS field office in Turkey.

[Anh map 2,098]

These I-864 FAQ's may be helpful to you >>>> http://travel.state.gov/visa/immigrants/info/info_3183.html

[doubleyellowlines 0]

Based on these sentences, I am concluding you have not yet filed the I-130. If that is the case, you will have to send the I-130 to the Chicago lockbox because there is no USCIS field office in Turkey.

Hi!

Correct, have not filed the I-130 yet. Need to solve these I-864 related issues first (Getting NO help from Embassy)

Now, that sending I-130 to the Chicago lockbox process was another question I needed to ask! I think, this is some new law/procedure that very recently got into effect, in Aug 2011, correct?

Now, I will have to send the I-130 and related docs to Chicago lockbox, but if I understand correctly, first I must submit the docs to the Embassy, (and they'd send back if there are errors, etc) and then I would be called for an interview, if all OK, then I'd be sending the docs to Chicago..isn't that so???

OR, does the US Embassy have no role in this whatsoever anymore??? Could this be the reason they are not responding to my calls/e-mails? That, I'd have to send I-130 docs DIRECTLY TO CHICAGO???

Thanks very much.

[Ryan H 3,812]

Now, that sending I-130 to the Chicago lockbox process was another question I needed to ask! I think, this is some new law/procedure that very recently got into effect, in Aug 2011, correct?

A procedural change took effect on August 15th of this year.

Now, I will have to send the I-130 and related docs to Chicago lockbox, but if I understand correctly, first I must submit the docs to the Embassy, (and they'd send back if there are errors, etc) and then I would be called for an interview, if all OK, then I'd be sending the docs to Chicago..isn't that so???

OR, does the US Embassy have no role in this whatsoever anymore??? Could this be the reason they are not responding to my calls/e-mails? That, I'd have to send I-130 docs DIRECTLY TO CHICAGO???

Thanks very much.

You send nothing to the Embassy, they have no role in this process until an interview is scheduled. I-130 and related documents go directly to Chicago. I-864 and related documents are submitted to the National Visa Center (NVC) after USCIS approves the petition and sends the approved petition to the NVC.

If your I-130 file is ready for submission to USCIS, go ahead and send it, you don't have to wait until all of your I-864 kinks are worked out. You can still work on the I-864 while waiting for approval of the petition from USCIS.

Edited October 27, 2011 by Ryan H

[doubleyellowlines 0]

A procedural change took effect on August 15th of this year.

You send nothing to the Embassy, they have no role in this process until an interview is scheduled. I-130 and related documents go directly to Chicago. I-864 and related documents are submitted to the National Visa Center (NVC) after USCIS approves the petition and sends the approved petition to the NVC.

If your I-130 file is ready for submission to USCIS, go ahead and send it, you don't have to wait until all of your I-864 kinks are worked out. You can still work on the I-864 while waiting for approval of the petition from USCIS.

WOW. All I can say is wow...

I will go ahead and file I-130 without further await, then.

I think, first of all, I need to do my homework and read/research into this thoroughly. This is what I must do first.

Can I ask, say for instance, I sent out the I-130. How long afterwards would I have to send the I-864 to NVC?

I am trying to figure how much of a time frame I would have, that, if it would give me enough time to sell the house for I-864.

Could you please refer me to some info/website so I can read thoroughly? I need to learn a lot before posting questions here, I think. Wasn't expecting this new procedural change to be such entirely different..

THANK YOU VERY MUCH!!!

Edited October 27, 2011 by doubleyellowlines

[Ryan H 3,812]

Can I ask, say for instance, I sent out the I-130. How long afterwards would I have to send the I-864 to NVC?

I am trying to figure how much of a time frame I would have, that, if it would give me enough time to sell the house for I-864.

You will not be sending anything to the NVC until you have paid the appropriate fees (Affidavit of Support & Immigrant Visa) and the fee is shown as PAID.

You will not be dealing with the NVC until USCIS approves your petition. After your file arrives in Chicago, it will be routed to one of the two service centers that adjudicates I-130 petitions (California or Vermont). The service center will send the petition to the NVC after they approve it. After it arrives at the NVC, the file has to be entered into the system and a case number assigned. After a case number is assigned, the bills will be invoiced.

Posted times by USCIS from the time the file is received to the time a decision is made is 5 months.

Could you please refer me to some info/website so I can read thoroughly? I need to learn a lot before posting questions here, I think. Wasn't expecting this new procedural change to be such entirely different..

THANK YOU VERY MUCH!!!

On the top of the page, click on "Guides" and read through those.

USCIS I-130 page, contains the form I-130 and instructions.

NVC information page

Important thing to remember, the NVC is a State Department agency while USCIS is a Department of Homeland Security agency.

[doubleyellowlines 0]

You will not be sending anything to the NVC until you have paid the appropriate fees (Affidavit of Support & Immigrant Visa) and the fee is shown as PAID.

You will not be dealing with the NVC until USCIS approves your petition. After your file arrives in Chicago, it will be routed to one of the two service centers that adjudicates I-130 petitions (California or Vermont). The service center will send the petition to the NVC after they approve it. After it arrives at the NVC, the file has to be entered into the system and a case number assigned. After a case number is assigned, the bills will be invoiced.

Posted times by USCIS from the time the file is received to the time a decision is made is 5 months.

On the top of the page, click on "Guides" and read through those.

USCIS I-130 page, contains the form I-130 and instructions.

NVC information page

Important thing to remember, the NVC is a State Department agency while USCIS is a Department of Homeland Security agency.

Ryan, I appreciate all the info very much indeed!

I will read through the sites you linked and write a game plan, first. So, filing of the I-130 w/ USCIS is what I should work on for now.

If USCIS' "receipt of file TO decision made" is approx. 5 months, I figure it gives me such amount of time to sell house and get done with I-864 kinks. Which will not be enough time, as it may take anywhere from 6 months to a year to sell the house and put the money in bank for I-864 purposes. Thereinafter USCIS approves the petition and I am required to submit I-864 docs, I may be caught off-guarded. So, it makes more sense to wait for filing of the I-130 w/ the USCIS, don't you think?

And as far as payment of the filing fees "in the old system" at the embassy, what I read was: You would be paying the fees AT the time of the interview, if I am not wrong.

Now NVS will invoice me, and I would send the fees directly to NVC "after getting done with USCIS", correct?

And Ryan, why did you emphasize about NVC being a State Dept Agency & USCIS being of Dept. of Homeland? Any specific difference it makes from my point of view?

Thanks very much!! I seriously owe you a lunch!

[Ryan H 3,812]

If USCIS' "receipt of file TO decision made" is approx. 5 months, I figure it gives me such amount of time to sell house and get done with I-864 kinks. Which will not be enough time, as it may take anywhere from 6 months to a year to sell the house and put the money in bank for I-864 purposes. Thereinafter USCIS approves the petition and I am required to submit I-864 docs, I may be caught off-guarded. So, it makes more sense to wait for filing of the I-130 w/ the USCIS, don't you think?

5 months is the posted time by USCIS, your actual petition could take less time than that, it could take more time. As for what makes more sense as to when to file the petition, only you can make that determination.

And as far as payment of the filing fees "in the old system" at the embassy, what I read was: You would be paying the fees AT the time of the interview, if I am not wrong.

Now NVS will invoice me, and I would send the fees directly to NVC "after getting done with USCIS", correct?

Fess work this way, you will have to pay the petition fee to USCIS. After the NVC receives the file, they will invoice the two bills associated with your file. You will pay those fees to the NVC.

And Ryan, why did you emphasize about NVC being a State Dept Agency & USCIS being of Dept. of Homeland? Any specific difference it makes from my point of view?

That was just for your information.