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Theoretical question

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Filed: Country: Australia
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Hi!

I've been studying the guides and random info for a while, talk about information overload lol.

When applying for the CR-1, the FAQs say that the USC has to provide 3 years of tax returns.

My USC girlfriend has never worked and currently lives in Australia with me. After marriage, if we applied for CR1 from here in Australia (using her US address, having a relative forward us the mail etc, if that is permitted during the CR-1 filing), then as it drew closer to interview time (when we have to submit the affidavit of support, I-864), if she went back to the USA and got a job that was above 125% of the poverty line, would that be sufficient?

I guess on the I-864 we'd just explain that she has no tax returns because she has not worked, and just supply recent pay checks from her current job? Would that suffice? The FAQs don't say anything on this specifically. If she had only held her current job for a short time before submitting the I-134 would that be okay? Whats the latest in the CR-1 process that you can submit the I-864?

We'd have some assets, but not 5x 125% of the poverty line most likely.

Any help on this much appreciated! Thank you!

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

Hi!

I've been studying the guides and random info for a while, talk about information overload lol.

When applying for the CR-1, the FAQs say that the USC has to provide 3 years of tax returns.

My USC girlfriend has never worked and currently lives in Australia with me. After marriage, if we applied for CR1 from here in Australia (using her US address, having a relative forward us the mail etc, if that is permitted during the CR-1 filing), then as it drew closer to interview time (when we have to submit the affidavit of support, I-864), if she went back to the USA and got a job that was above 125% of the poverty line, would that be sufficient?

I guess on the I-864 we'd just explain that she has no tax returns because she has not worked, and just supply recent pay checks from her current job? Would that suffice? The FAQs don't say anything on this specifically. If she had only held her current job for a short time before submitting the I-134 would that be okay? Whats the latest in the CR-1 process that you can submit the I-864?

We'd have some assets, but not 5x 125% of the poverty line most likely.

Any help on this much appreciated! Thank you!

Saw you haven't had any responses.

One thing I do know is if you send the I-130 using an international address it will be much faster than using a US address.

With the AOS question I really don't know, reading the instructions I would think just sending waht ever you have at the time, paystubs + the comments explaining the lack of income tax it should be OK, better to also include a letter from where she is working at that time.

Hope you get a better/definite answer regarding the AOS.

USCIS:

06/06/2012: Sent I-130 to VSC (as LPR)

06/08/2012: NOA1 (Priority Date)

06/12/2012: Touched

08/20/2012: Mailed VSC request for Upgrade to CR1

08/23/2012: Opened Request with USCIS for Upgrade to CR1

08/27/2012: Got Email confirming upgrade to IR1/CR1

11/13/2012: NOA2

NVC:

11/16/2012: NVC Received (NVC # not ready)

11/19/2012: BOG number/IIN - Gave emails

11/19/2012: Choice of Agent email sent

11/20/2012: AOS bill invoiced

11/20/2012: AOS bill paid shows in process

11/21/2012: AOS package sent

11/21/2012: AOS bill shows PAID

11/21/2012: Choice of Agent email sent (again)

11/21/2012: Choice of Agent email accepted

11/23/2012: IV bill invoiced

11/23/2012: IV bill paid

11/26/2012: IV package sent

11/26/2012: IV bill shows PAID

12/07/2012: AOS accepted

12/10/2012: IV Accepted

12/10/2012: Case complete

12/13/2012: Interview scheduled

US Embassy Bogota:

01/25/2013: Lab Visit

01/28/2013: Medical

01/30/2013: Interview

02/05/2013: Email Waybill (5PM)

02/06/2013: Visa in hand

02/08/2013: POE JFK, NY

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Filed: Country: Australia
Timeline

Thanks for that! Yeah it's just theoretical now because we are not yet married, just learning what options there are in the future- we thought the K1 visa was for us, but we will only pursue that if we decide to get married in the USA (to be closer to her family for the wedding) but I'm not sure that will be the case. Either way I know the visa's have that AOS requirement, just wasn't sure about the tax returns. Thanks.

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Filed: Other Country: China
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Hi!

I've been studying the guides and random info for a while, talk about information overload lol.

When applying for the CR-1, the FAQs say that the USC has to provide 3 years of tax returns.

My USC girlfriend has never worked and currently lives in Australia with me. After marriage, if we applied for CR1 from here in Australia (using her US address, having a relative forward us the mail etc, if that is permitted during the CR-1 filing), then as it drew closer to interview time (when we have to submit the affidavit of support, I-864), if she went back to the USA and got a job that was above 125% of the poverty line, would that be sufficient?

I guess on the I-864 we'd just explain that she has no tax returns because she has not worked, and just supply recent pay checks from her current job? Would that suffice? The FAQs don't say anything on this specifically. If she had only held her current job for a short time before submitting the I-134 would that be okay? Whats the latest in the CR-1 process that you can submit the I-864?

We'd have some assets, but not 5x 125% of the poverty line most likely.

Any help on this much appreciated! Thank you!

Your plan would probably work provided she gets a job. It would be faster if you file from Australia using the Australia address though. Faster means she would need to leave and find a job soon after filing.

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