Beginning visa process, have 2 questions

[BA2WA 5]

Hi!

Soon we will begin the process of obtaining a visa for my wife. We've lived together in Argentina for more than a year and were married here recently. We're retired and wish to spend the rest of our life in the U.S.

Given this, do you suggest applying for an IR-1 / CR-1 visa rather than a K-3? We'd like to move to the U.S. as soon as possible, but a few months more in processing time might be better if it simplifies things down the road.

Also, because of the sources of my income, I am not legally required to file income tax with the IRS and have not done so in many years. I have not been avoiding anything --- the IRS simply says I do not have to file. However from what I've read here it seems that tax returns are a requirement. Will my filing status be a problem? I can easily show that we have much more than adaquate income to support ourselves, enough in savings to pay cash for a house, have group health insurance (Blue Cross/Blue Shield) for my wife, etc. We will not be a burden on society.

Any thoughts, ideas, and/or suggestions would be greatly appreciated.

Gracias!

[Adrian-Gloria 43]

Hola!

Glad you joined the forum, you'll get a lot of info here from a lot of experienced people, here's my input and i'm not too sure about it, but it's something that you could do a little research on or maybe somebody that knows could correct me if I'm wrong.

If you're both living in Argentina, you should consider Direct Consular Filing. I think it'd be an easier and faster process, but again, not too sure how it works.

Check it out and good luck!

-Adrian

[AnnaMaria 68]

Hello, i'll gladly share with you what information we've been given and maybe it can help you or at least steer you in the right direction.

From 2010 until 2012, my income was strictly Veteran's Affairs Disability Pension, and it is NOT a taxable income. For my 2013 tax return, I did receive a 1044 I think it was for my Social Security I had recently started receiving and I did file that, but here is the advice I was given when I explained to an immigration lawyer that I was not required to file taxes from 2010 until 2012. He stated that even though I didn't have to file taxes for myself in the states, it is good to show you are at least reporting to the IRS that your income is not taxable (Mine being 0 earnings basically) and have those transcripts available for the I-130 Process just so there is no delays. I do know that if you aren't required to file taxes, and you haven't in the past three years, you can attach a letter with the financial packet explaining that, but it's ALWAYS better to be safe than sorry, especially in situations like this. So i'd say if you feel more comfortable sending them a letter stating why you do not need to file taxes, that is up to you, but it really wouldn't hurt that bad to send in some tax returns reporting that you have 0 taxable income. That way you just have a file in your records.

Now, as far as the K-3. When we filed our I-130 in June this year, we had made a call to the embassy in Bucharest first to find out which would be the quickest option for us. We were told by the embassy that currently K-3 visas and I-130's are getting approved in about the same time frame so there is no reason to file a K-3 or that they were not accepting K-3's for that reason, I can't remember the exact phrasing, but basically that it didn't matter and we should just file the I-130.

Not sure if any of that helps, i'd suggest calling your embassy to get the exact information you need. Good luck though!

[BA2WA 5]

Hello, i'll gladly share with you what information we've been given and maybe it can help you or at least steer you in the right direction.

From 2010 until 2012, my income was strictly Veteran's Affairs Disability Pension, and it is NOT a taxable income. For my 2013 tax return, I did receive a 1044 I think it was for my Social Security I had recently started receiving and I did file that, but here is the advice I was given when I explained to an immigration lawyer that I was not required to file taxes from 2010 until 2012. He stated that even though I didn't have to file taxes for myself in the states, it is good to show you are at least reporting to the IRS that your income is not taxable (Mine being 0 earnings basically) and have those transcripts available for the I-130 Process just so there is no delays. I do know that if you aren't required to file taxes, and you haven't in the past three years, you can attach a letter with the financial packet explaining that, but it's ALWAYS better to be safe than sorry, especially in situations like this. So i'd say if you feel more comfortable sending them a letter stating why you do not need to file taxes, that is up to you, but it really wouldn't hurt that bad to send in some tax returns reporting that you have 0 taxable income. That way you just have a file in your records.

Now, as far as the K-3. When we filed our I-130 in June this year, we had made a call to the embassy in Bucharest first to find out which would be the quickest option for us. We were told by the embassy that currently K-3 visas and I-130's are getting approved in about the same time frame so there is no reason to file a K-3 or that they were not accepting K-3's for that reason, I can't remember the exact phrasing, but basically that it didn't matter and we should just file the I-130.

Not sure if any of that helps, i'd suggest calling your embassy to get the exact information you need. Good luck though!

Thanks, that's what I expected. I better get busy.

Adrian, I've checked with the embassy and DCF isn't permitted in Argentina. Not many places do that anymore, but thanks.