CR-1 Thailand

[tommyt 0]

Hello...My Thai wife is applying for CR-1 at Embassy in Bangkok. So far so good.

We send in DS 230 Part 1, Checklist, Photos, etc this week by express mail (requested by embassy).

My 4 questions for anyone with experience with CR-1 here in Bangkok would be

#1. For the Affidavit of Support, having lived abroad for many years I only have foreign tax returns no US returns.

A friend said the Embassy will accept foreign tax returns instead of US returns as proof of income. True or not?

#2. My wife says it is not important for our baby son (who has acquired US citizenship) to go to the Interview

but I disagree. What do you think?

#3. We will live with my American parents when we arrive in the USA. Should my parents

fill out another I-864 Affidavit of Support or only the I-864 A? These are two different forms. Just to boost her chances.

#4. How long from sending out the DS 230 and checklist to getting the interview in Bangkok? How long after the interview

to getting the Visa in Bangkok?

Any other experiences or advice would help. If anyone got refused, would be nice to know why. Thanks! TOMMYT

[YuAndDan 153]

#1. For the Affidavit of Support, having lived abroad for many years I only have foreign tax returns no US returns.

A friend said the Embassy will accept foreign tax returns instead of US returns as proof of income. True or not?

In most cases US citizens are required by law to file returns while living abroad, they may be exempt from paying taxes, but exempt from filing a return, read carefuly the instructions included with form I-864.

You will need to file back returns. Form I-864 requires tax returns to be filed with it, or a letter telling how you are exempt from filing returns.

http://www.irs.gov/businesses/small/intern...d=96796,00.html

25. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax eturns for the three most recent years.

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.

Do not submit copies of your State income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

If you checked box 22( b ) (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal tax return.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

I-864

#2. My wife says it is not important for our baby son (who has acquired US citizenship) to go to the Interview but I disagree. What do you think?

Not necessary to attend interview.

#3. We will live with my American parents when we arrive in the USA. Should my parents fill out another I-864 Affidavit of Support or only the I-864 A? These are two different forms. Just to boost her chances.

They will provide another I-864 as your co sponsor.

#4. How long from sending out the DS 230 and checklist to getting the interview in Bangkok? How long after the interview

to getting the Visa in Bangkok?

Unknown, I would use the time lines here on VJ to get an idea.

One other thing: Read the state department's information about domicile, you need to have maintained domicile in the USA, like keeping your home address at your parent's home.

http://travel.state.gov/visa/immigrants/ty...1.html#Domicile

[riblet 0]

Maybe she feels like your baby is evidence of a genuine relationship , but that's the only reason for bringing him.

[Yodrak 7]

tommyt,

#1. Your friend is wrong. For one thing, unless you will continue working for the same employer when you return to the USA, your income earned overseas is meaningless. It's the the job you will have in the USA that will be the basis for your sponsorship. For another thing, as YuAndDan wrote, you should have been filing US income tax returns while you were overseas unless your income was below the minimum requiring a return.

#2. I think that you should make your wife feel happy and comfortable.

#3. It depends on whether you want to use one or both of your parents as Household Members, in which case you and they execute I-864As, or you want to use one of them as a Joint Sponsor, in which case the lucky one executes their own I-864.

#4. DS-230 is normally submitted to the NVC, along with I-864, and it can be a few months before those get sent on to the consulate. Or did you submit your I-130 by DCF? If the visa application is approved, the visa is generally issued the following business (for the consulate) day.

Yodrak

Hello...My Thai wife is applying for CR-1 at Embassy in Bangkok. So far so good.

We send in DS 230 Part 1, Checklist, Photos, etc this week by express mail (requested by embassy).

My 4 questions for anyone with experience with CR-1 here in Bangkok would be

#1. For the Affidavit of Support, having lived abroad for many years I only have foreign tax returns no US returns.

A friend said the Embassy will accept foreign tax returns instead of US returns as proof of income. True or not?

#2. My wife says it is not important for our baby son (who has acquired US citizenship) to go to the Interview

but I disagree. What do you think?

#3. We will live with my American parents when we arrive in the USA. Should my parents

fill out another I-864 Affidavit of Support or only the I-864 A? These are two different forms. Just to boost her chances.

#4. How long from sending out the DS 230 and checklist to getting the interview in Bangkok? How long after the interview

to getting the Visa in Bangkok?

Any other experiences or advice would help. If anyone got refused, would be nice to know why. Thanks! TOMMYT

Edited December 21, 2006 by Yodrak

[Being me 0]

Hi tommyt,

I am appilcant CR 1 too.Now I waiting fot p[acket 4 from Us Embasy Thailand.

For your question .. you get answer already .

#1.For one thing, unless you will continue working for the same employer when you return to the USA, your income earned overseas is meaningless. It's the the job you will have in the USA that will be the basis for your sponsorship. So you should have been filing US income tax returns while you were overseas unless your income was below the minimum requiring a return.

#2. I agree with your wife.. the staff at consulate dose not asking your son.. but both of you must preparing son's document carfully.

#3. It depends on whether you want to use one or both of your parents as Household Members, in which case you and they execute I-864As, or you want to use one of them as a Joint Sponsor, in which case the lucky one executes their own I-864.

( My husband ..give his parent join for Sponsor too )

#4. Mmm .. Did your wife and you processing her Visa with USCIS Thailand ? About my case my husband he did for me at USA .So when I 129 F was apporved about month after.I had got the packet 3 from Us Embassy Thailand too but we dose not send back to embassy. We waited for DS-230 part I fromNVC and sent back to the NVC, along with I-864, and it take about months .The Nvc sent my case's document to the consulate. Then the consulate will send me Packet 4 ( Apponitment letter ).

Ok.. If you send your document and checklist the consulate will set your interview date about 10 - 12 weeks.After you have getiing the interview ..foe immigrant visa ..you will get in the next office day.

[tommyt 0]

Yu and Dan, Thank you very much for your time in answering my Qs! TommyT

[tommyt 0]

Thank you ALL very much for your time in answering my Qs! I will keep following the forum.

For Thailand applicants of CR-1 the main small problem for us so far was that we tried to drop off my wife's

DS-230 to the Embassy and when we tried we were told to send it by express mail (with two photographs,

1 photocopy wife's passport, and the signed checklist.) DS-230 and checklist and photo specifications had been

to us by mail after I-130 process. We didn't know the stuff had to be express mailed. Will inform later how it goes.

--Cheers!

TommyT