Not received NOA1 even after 20 days

[sebring 0]

Hey Janani,

I need some help here.

My wife is moving back to the US before my interview so that she can set up there. Also now we dont need to prove much for her 'intent to establish US domicile' as she will already be there living and working at her mother's business plus she has her DL etc etc.

She will be sending me I 864 from there along with the Joint sponsor.

I am in a dilemma now as on I 130 her address is our current address in India and on i 864 it will be her US address. Will it be a problem now?

What is your opinion on her leaving before the interview? Does that create some issue as it was a DCF process where initially she was trying to prove her India residency.

Also, she only has tax returns for last year. She was a student in India before that. I hope that will suffice?

Thanks

[Janani S 1]

Hey,

I am in a dilemma now as on I 130 her address is our current address in India and on i 864 it will be her US address. Will it be a problem now?

The difference in her address in the i 130 and the i 864 will not be a problem, as long as your address will be the same till you get your visa.

What is your opinion on her leaving before the interview? Does that create some issue as it was a DCF process where initially she was trying to prove her India residency.

There should be no issue at all. In fact, it should be all the more straight forward now that she is in the US and domiciled. It does not matter whether it is DCF or not as that is only a filing restriction. The only clause is that the both of you should move to the US or she should move before you, so there should be no issues.

Also, she only has tax returns for last year. She was a student in India before that. I hope that will suffice?

It should be fine. She can also just file the back taxes (the 1040 and 2555EZ) with a bunch of zeros and attach a copy with the I 864. Let her write a letter saying why the taxes were not filed, or were filed late as the case may be, and keep it with you, you can give it to them if asked.

All the best for your interview! and let me know if you need any other information!

Janani