Coming from Australia

[Toff 0]

Hi all, I just found out about this site. My wife is an American citizen, I'm Australian, and we've been living here in Australia for the last 8 years. We're looking at migrating with our child (also a US citizen).

We filed the form I-130 by mail to the Chicago address a few days ago - I just found out that I could have lodged it via they Sydney Consulate. Will it handicap us that we've lodged it to the Chicago address?

My wife hasn't worked at all for the last three years - zero income. She will be my sponsor - is she still required to have lodged US tax returns?

Thanks for any help - no doubt I'll be back for more in the months to come!

[Mithmeoi 29]

Hi all, I just found out about this site. My wife is an American citizen, I'm Australian, and we've been living here in Australia for the last 8 years. We're looking at migrating with our child (also a US citizen).

We filed the form I-130 by mail to the Chicago address a few days ago - I just found out that I could have lodged it via they Sydney Consulate. Will it handicap us that we've lodged it to the Chicago address?

My wife hasn't worked at all for the last three years - zero income. She will be my sponsor - is she still required to have lodged US tax returns?

Thanks for any help - no doubt I'll be back for more in the months to come!

I'm not sure if it will slow down your case or not that you sent it to Chicago. If anything you could call the consulate and ask what they suggest.

Does your wife have proof that she'll establish domicile in the US again? (Apartment, bank account, voter registration etc) You'll need a co-sponsor since she has no tax transcripts and no job. I had not filed taxes, but my parents co-sponsored for us so it was not a problem.

[Toff 0]

I'm not sure if it will slow down your case or not that you sent it to Chicago. If anything you could call the consulate and ask what they suggest.

Does your wife have proof that she'll establish domicile in the US again? (Apartment, bank account, voter registration etc) You'll need a co-sponsor since she has no tax transcripts and no job. I had not filed taxes, but my parents co-sponsored for us so it was not a problem.

Hi, thanks for the response.

Do I understand you correctly - you sponsored your partner, and had not filed your taxes for some time (since, I presume, you had been living outside the US)? Your parents co-sponsored, and so your not having filed taxes wasn't a problem?

I ask because that's almost exactly the situation we're in. My wife has been out of the US for 8 years, and hasn't filed a tax return in all that time. However, her mother is going to co-sponsor me, and her taxes are up to date. From what you say, it mightn't be necessary for my wife to file her tax returns (which looks like being a huge pain).

And no, my wife has no proof that she'll establish domicile in the US again - we plan to move in with her parents and go from there. Will that be a problem?

[Mithmeoi 29]

Hi, thanks for the response.

Do I understand you correctly - you sponsored your partner, and had not filed your taxes for some time (since, I presume, you had been living outside the US)? Your parents co-sponsored, and so your not having filed taxes wasn't a problem?

I ask because that's almost exactly the situation we're in. My wife has been out of the US for 8 years, and hasn't filed a tax return in all that time. However, her mother is going to co-sponsor me, and her taxes are up to date. From what you say, it mightn't be necessary for my wife to file her tax returns (which looks like being a huge pain).

And no, my wife has no proof that she'll establish domicile in the US again - we plan to move in with her parents and go from there. Will that be a problem?

No I had not filed any taxes since I had been out of country for about two years. That didn't hurt us at all. Since my father had up to date taxes for the last three years that's all that mattered since he was going to be the one they were looking at as I had no income to speak of. So you should not have a problem and I would not worry about filing.

You will need to show proof that she will be resuming domicile. Since you do have a place to live with her folks that will count, right now we live with relatives too, you might have to attach an affidavit or letter stating how you intend to establish domicile. For myself I still had my US bank accounts, drivers license and voting registration.

Check out this post under point C. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/page__view__findpost__p__2437604

Good luck!

Edited July 21, 2012 by Mithmeoi

[VanessaTony 3,567]

Australia doesn't do DCF anymore so you filed in the correct manner. Lately it has seemed with spouses living overseas together they get a shorter time between NOA1 and NOA2 so you might not be waiting that long anyway!

If your wife hasn't had ANY income then yes it's fine that she hasn't filed and she instead just needs to include a letter stating why she wasn't required to file (no income). If she HAS had income (centrelink counts as income) then she needs to have filed and needs to file her back taxes.

Re the child, you filed CRBA and have the passport for the child right?

Edited July 21, 2012 by Vanessa&Tony

[Toff 0]

Australia doesn't do DCF anymore so you filed in the correct manner. Lately it has seemed with spouses living overseas together they get a shorter time between NOA1 and NOA2 so you might not be waiting that long anyway!

If your wife hasn't had ANY income then yes it's fine that she hasn't filed and she instead just needs to include a letter stating why she wasn't required to file (no income). If she HAS had income (centrelink counts as income) then she needs to have filed and needs to file her back taxes.

Re the child, you filed CRBA and have the passport for the child right?

Thanks - and yes, we have our daughter's passport and certificate of birth.