dazed and confused

[yourauntbob 1]

Ok, I know that many of the questions I will ask at the end of this email have been answered in various places on this website before. I have searched the website and spoke with lawyers but I am still confused on certain aspects.

Situation:

I have lived in Thailand for 6 years, the most recent five of which until current on a nonimmigration visa with a work permit. We have decided to move to the USA (hopefully this summer). My soon to be wife has visited my family 3 times over the last 5 years and we have shared residence for the last three years. We have also traveled together through the EU and have pictures, records etc of that trip as well. Recently we have been told that we qualify (if married) for the DCF. We are now in the process of getting legally married here in Thailand and are going to submit the I-130. This seems to be a quicker and easier way that the K1 and she will enter the US in a better position to start working etc.

Issues:

The main issue is that I have not filed a tax return in about 5 years. This was a blunder on my part for sure, but no use crying over spilled milk so to speak. I have tracked down my 2012 paystub and plan to late file for 2012 and file for 2013 (between 20-24k USD each year). My second problem (common on here as it seems) is that I do not have a proper domicile in the USA. I was going to use my parents address but we very well may end up in another city or even state depending on my job opportunities.

My questions

1) How much of an issue is my income going to be considering i am filing a DCF?

2) What is the best option as far as my domicile?

3) If I mark my domicile as my parents home and we end up living (most likely) in another part of the country, will this be an issue for her?

I have read people post about setting up a lease at a relaitives address and am considering this. My father will most likely joint sponsor my soon to be wife but said he wants to verify the legal aspects (he is very thorough in everything he does )

Ok, any advise or other issues i am not even thinking of would be most welcomed.

p.s. no kids for either of us and no prior marriages (if it makes any difference)

Edited December 20, 2013 by yourauntbob

[Darnell 8,479]

1. huge. file back taxes and seek a joint sponser. don't forget to use form F2555.

2. there are 2 tracks for domicile -> 1] proving usa domicile or 2]proving up intent to re-establish usa domicile. Choose option 2, make thorough documentation, submit it on interview day.

3. no.

[yourauntbob 1]

1. huge. file back taxes and seek a joint sponser. don't forget to use form F2555.

2. there are 2 tracks for domicile -> 1] proving usa domicile or 2]proving up intent to re-establish usa domicile. Choose option 2, make thorough documentation, submit it on interview day.

3. no.

i will work on the taxes asap

proving up intent, is this a box i can check or something i should include in the cover letter or where would i mark or state this?

when you say submit on interview day, does this mean that this will not be an something of concern for the I-130?

I take that to mean that (forgive me for being new ) this information is sumbitted with the package we supply on the day of the interview. correct?

[Darnell 8,479]

no, I-864 and domicile proof not needed for I-130 submittal day.

Is needed on visa interview day. Handing over an I-130 is not visa interview day. That comes later.

as to 'ticking something' to prove up re-establishing USA domicile - er, no. Yer going to write a 2000 word thesis, showing proof of things in addition to this thesis. Domicile proof is a small part of the I-864. IMO, the written prove-up will be just as long as the I-864. Or it should be, to be successful on visa interview day.

Edited December 20, 2013 by Darnell

[yourauntbob 1]

I am starting to fill out my I-130. Since I am trying to process through DCF should I put my (parents) USA address or my Thai address? Maybe a silly question, but small things like this can be hang ups

[yourauntbob 1]

On the I-130, it asks if my wife has been to the USA before. She has three times but it only give space for once. What is the best way to handle that?

[yourauntbob 1]

Ok, found the answer to my first question.................. use foreign address. Still waiting to see if anyone knows about info on my wifes prior visits

[yourauntbob 1]

Ok, was able to track down the answer to my second question.

I am getting better at answering my own questions. This thread is turning into a one man show

[Darnell 8,479]

need more space on the I-130 for longish answers ? you'll add a continuation sheet, a thing made by yerself.

[gwenstar 66]

Ok, was able to track down the answer to my second question.

I am getting better at answering my own questions. This thread is turning into a one man show

Haha - that made me laugh

I don't really have any answers to add - but I just wanted to wish you the best! There are tons of answers on this site (as you know) and from what you wrote about your situation it seems like you will be fine. Once you find the right ways to approach a couple of things, I am sure you wont have any problems.

[yourauntbob 1]

Haha - that made me laugh

I don't really have any answers to add - but I just wanted to wish you the best! There are tons of answers on this site (as you know) and from what you wrote about your situation it seems like you will be fine. Once you find the right ways to approach a couple of things, I am sure you wont have any problems.

thanks for the support

[yourauntbob 1]

i called the IRS Philly office to find out about filing back taxes and the woman on the phone was less than helpful. she said i need to file a 1040 and 2555 which i already knew from other threads. when i download the forms they all say 2013 on them. do i need a special form to file prior years returns? how long will this take to process? we were hoping to file the DCF in the next couple of weeks. anyone who has any info it would greatly help.

thanks

[Darnell 8,479]

other years available in other download places.

Keep chugging, you'll find em !

----

not having filed taxes prior will not stop the adjudication of the I-130.

However - proof of back tax filing MUST BE SHOWN with the I-864.

The I-864 is submitted on interview day.

[yourauntbob 1]

other years available in other download places.

Keep chugging, you'll find em !

----

not having filed taxes prior will not stop the adjudication of the I-130.

However - proof of back tax filing MUST BE SHOWN with the I-864.

The I-864 is submitted on interview day.

thanks, but any idea how long the forms will take to process?

[Darnell 8,479]

tax forms? about 11 to 14 weeks if just mailing them into the IRS.

IMO, you should show proof of filing. Since there's no IRS Office in Thailand, you cannot get counter service .

Do you have a buddy in the USA? If yes, you can send off the signed forms to your buddy, and your buddy can file them directly at a local IRS office.

If I was doing this - I'd make 2 complete original sets of tax documents, send to my buddy in the USA, then have the local IRS office STAMP both sets, giving one set over to an IRS clerk, and have my buddy send the 2nd stamped set to me in Thailand. That stamped set shows proof of filing.