Residence

[Andreea E. 1]

Hello people,

My husband and I are applying today for a visa. He is an American citizen(Wisconsin resident)and I am a Romanian. We want to live in North Dakota. He is there already. But he is not a resident there.

We have filled in the I-130 with the ND address and the g-325a forms as well. Does somebody know if that would be a problem for getting the visa?

Does he really need to be a resident there?

He has been living and working in ND for the last 3 years, but never applied for residency.

Is this illegal? Would it be a problem for my visa?

Does anybody know which are the conditions for applying for residency in a different state?

Also, I would like to ask for advice regarding the Affidavit of support. He has the Tax return for 2011, 2010 and 2009. Would that be enough? He didn't apply for 2012.

Thank you !!!

Andreea

[The Mean Lady 604]

Applying for residency in a state?

I've never heard of such a thing.

You just move. Then you live there.

Got an address? You're a resident.

Some things require you to be a resident for a certain length of time (like in-state tuition).

But you just show a history of mail to prove it.

Why isn't he filing taxes for 2012?

By the time you get an interview, you'll need them.

[Andreea E. 1]

Applying for residency in a state?

I've never heard of such a thing.

You just move. Then you live there.

Got an address? You're a resident.

Some things require you to be a resident for a certain length of time (like in-state tuition).

But you just show a history of mail to prove it.

Why isn't he filing taxes for 2012?

By the time you get an interview, you'll need them.

His driving licence contains the address from Wisconsin. I am not sure how this works in America. Doesn't he need to be a legal resident in ND? All I know is now he is a Wisconsin resident.

As for the taxes, he didn't pay any of them and he can't file for 2012.

[ndu26 114]

KDH is right. You are not required to 'apply' to become a resident in any US state.

State residency will not affect his petition but the tax issue may pose a challenge somewhere down the process after USCIS approval.

[The Mean Lady 604]

His driving licence contains the address from Wisconsin. I am not sure how this works in America. Doesn't he need to be a legal resident in ND? All I know is now he is a Wisconsin resident.

As for the taxes, he didn't pay any of them and he can't file for 2012.

After living in ND for 3 years, he DOES need to change his license.

I don't think this will affect his application for you at all, but he CAN get a ticket in ND if it's discovered (IE if he is pulled over and presents insurance with his ND address, but with a WI license)

[Andreea E. 1]

KDH is right. You are not required to 'apply' to become a resident in any US state.

State residency will not affect his petition but the tax issue may pose a challenge somewhere down the process after USCIS approval.

What if he didn't work at all for 2012? Would that be a problem?

He has a job now, we will get a letter from his employer. He also has some money in the account. Do you think that would be enough for the Affidavit of support?

Thanks.

[Miss.A 0]

Hold on...I read your topic and am now a bit confused about this residence thing. When I was filling out the G-325A for the petition I asked on here about this residence thing as well and I was told that you have to put down all the addresses you lived at EVEN IF you were NOT a resident. So even if my permanent address has never changed, I also put down the addresses I lived at when I was in university. Is that not right??

[NikLR 13,232]

The OP is confused on how state residency works. It is not like country residency. It honestly does not matter where he lives, works, etc in the USA. Current income is looked at. So if he has a job now that would be ideal.

Doria: Yes on the G325a you put down any addresses you lived at. If you weren't receiving mail there or it was a hotel or something for vacation then that's a visit and you don't include it, but living in the same dorm for 7 months, you could. Some people may not.

[Miss.A 0]

Andreea, here's something that can help you. An attorney explains how to fill out the form.

[The Mean Lady 604]

What if he didn't work at all for 2012? Would that be a problem?

He has a job now, we will get a letter from his employer. He also has some money in the account. Do you think that would be enough for the Affidavit of support?

Thanks.

He'll need to provide a letter of why he didn't submit taxes for 2012.

He COULD get denied and require a joint sponsor, but that's up to the officer approving your visa.

This is all later in the process.

[Andreea E. 1]

Andreea, here's something that can help you. An attorney explains how to fill out the form.

Thank you Doria. I already filled in the G form. I put in all the addresses.

My first worry was about residency, cause in Romania is completely different. Now, I understand. He needs to change his driving licence and that should solve it.

Second, it was the 2012 taxes. In the G form I put in all his jobs in the last 5 years, including 2012. But, for 2012 he did not pay taxes (don't ask me why...I don't know), therefore he didnt apply for tax return and we cannot show that 1040 for 2012.... But the G form is filled in with his job for 2012..Which kind of sucks, cause the NVC will consider it a problem. I am thinking of removing the jobs for 2012, giving the fact that we dont have a 1040 for 2012...

Can anyone advise about that?

Thanks

[Andreea E. 1]

He'll need to provide a letter of why he didn't submit taxes for 2012.

He COULD get denied and require a joint sponsor, but that's up to the officer approving your visa.

This is all later in the process.

Hi KDH,

What if I remove the 2012 jobs from the G-325a form and provide them only the 2009, 2010 and 2011 Tax return forms?

When they are checking his income to be bigger than 125 % than the Federal poverty guideline, what exactly are they checking? His actual income?or his old ones from the other years?

If he has money in an account here in Romania, would NVC consider them too? Or should we transfer them to USA?

Thank you!!!!

[The Mean Lady 604]

Thank you Doria. I already filled in the G form. I put in all the addresses.

My first worry was about residency, cause in Romania is completely different. Now, I understand. He needs to change his driving licence and that should solve it.

Second, it was the 2012 taxes. In the G form I put in all his jobs in the last 5 years, including 2012. But, for 2012 he did not pay taxes (don't ask me why...I don't know), therefore he didnt apply for tax return and we cannot show that 1040 for 2012.... But the G form is filled in with his job for 2012..Which kind of sucks, cause the NVC will consider it a problem. I am thinking of removing the jobs for 2012, giving the fact that we dont have a 1040 for 2012...

Can anyone advise about that?

Thanks

That's not advisable.

If your husband worked, and he worked enough to file taxes, then he needs to file taxes.

You said before he didn't work at all in 2012, then you say here he did.

Time to get your stories straight with the truth and only the truth.

[N-o-l-a 7,168]

Yeah, I know in some countries they have that "internal passport" or the equivalent there of that tells you where you can legally live. Glad we got that cleared up for you

Do not remove the jobs if he actually worked there during those dates.

Honestly answer every question. Under no circumstances should you ever leave something out or lie.

If he made under the taxable limit he doesn't have to file a tax return and should state that. However, it would be in his best interest to file the tax return for 2012, as he still has until April 15th to do it. We are talking about his income in the year 2012, correct?

Edited March 13, 2013 by Nola123

[The Mean Lady 604]

Hi KDH,

What if I remove the 2012 jobs from the G-325a form and provide them only the 2009, 2010 and 2011 Tax return forms?

When they are checking his income to be bigger than 125 % than the Federal poverty guideline, what exactly are they checking? His actual income?or his old ones from the other years?

If he has money in an account here in Romania, would NVC consider them too? Or should we transfer them to USA?

Thank you!!!!

It's clear you're trying to lie about something now.

You can stop that right now.

By the time your interview rolls around you will be REQUIRED to provide 2012.

Otherwise, you need a later stating why you are tax exempt for 2012.

Why is your husband evading the tax man?

Edited March 13, 2013 by KDH