US citizen, Korean wife. Unsure where to start.

[aaron2020 11,651]

Awesome, thank you.

I just realized the tax returns my aunt gave me are for her S Corporation, and not her individual tax returns. Is this an issue? Will I need to ask her for her individual tax returns as well?

And in the case that the S Corp tax return is fine, I'll still need to get my uncle's individual tax returns for her I-864A, right?

Finally, once all this is figured out and sent to the NVC, approximately how long should I expect the rest of the process to take before my wife is cleared?

Hi,

You are being sponsored by an individual. You need that individual's personal tax return. You are not being and can not be sponsored by a corporation. You can not use just the S corp's tax return.

[EdenG 3]

1. Should we apply for a K-3 or a CR-1 visa? I've read that K-3 visas are pretty much obsolete.

CR1 - much more convenient from k-3, from what I understand. Also, since you're already married, CR1 makes the most sense.

2. Which forms would I need to file? (Do I file an I-130 regardless of K-3 or CR-1?)

i-30

3. How long should we expect before she can legally join me in the United States?

Pretty much same situation as you, it took us 11 months with NVC delays, a checklist, and the department of state system's technical issues this summer.

4. How much should we expect to spend on filing fees?

Others have added it up for you.

5. How difficult is it for cosponsorship to get approved?

If your co-sponsor makes enough for their family + your wife and the paperwork is filled out correctly, you should be fine. I'm a law student too and needed my parents to co-sponsor and got approved.

6. Would it be better for my wife to hold on to the Korean marriage certificate and get it translated/notarized in Korea, or should she mail the certificate to me so I can get it translated/notarized here? In other words, do I need the original marriage documents for the things I file here, or will she need them for her visa interview in Seoul?

We had our marriage certificate translated abroad - which I think was the easiest thing to do. She'll need all original documents, but you'll send photocopies for the i-30 application.

I hope that helps. Good luck!

[Ryan H 3,810]

Some incorrect information was given in this post. Incorrect information has been lined out with a correction in bold and red next to it.

1. Should we apply for a K-3 or a CR-1 visa? I've read that K-3 visas are pretty much obsolete.

CR1 - much more convenient from k-3, from what I understand. Also, since you're already married, CR1 makes the most sense.

2. Which forms would I need to file? (Do I file an I-130 regardless of K-3 or CR-1?)

i-30 I-130, there is no such form as I-30

3. How long should we expect before she can legally join me in the United States?

Pretty much same situation as you, it took us 11 months with NVC delays, a checklist, and the department of state system's technical issues this summer.

4. How much should we expect to spend on filing fees?

Others have added it up for you.

5. How difficult is it for cosponsorship to get approved?

If your co-sponsor joint sponsor makes enough for their family + your wife and the paperwork is filled out correctly, you should be fine. I'm a law student too and needed my parents to co-sponsor joint sponsor and got approved. (when referring to an I-864, joint sponsor is the proper term, not co-sponsor)

6. Would it be better for my wife to hold on to the Korean marriage certificate and get it translated/notarized in Korea, or should she mail the certificate to me so I can get it translated/notarized here? In other words, do I need the original marriage documents for the things I file here, or will she need them for her visa interview in Seoul?

We had our marriage certificate translated abroad - which I think was the easiest thing to do. She'll need all original documents, but you'll send photocopies for the i-30 application. I-130 petition form (the I-130 is a petition form, not an application form)

I hope that helps. Good luck!

[cwistofu 0]

I've gotten the joint tax returns from my aunt and uncle. Am I correct in thinking that all I'll need to send in are their 1040 forms? Her CPA sent her a bunch of documents, which she sent over to me.

I've got their 1040, along with:

Year 2014:

8959

8960

8582

4562

Federal Statements and Asset Reports

Year 2013:

6251

8959

8960

8582

4562

Federal Statements and Asset Reports

Year 2012:

8582

6251

4797

4562

Fed Statements and Asset Reports

Which of these should I be sending in, specifically? I will not be using their assets for this, if that matters.

Thank you!

[cwistofu 0]

Additionally, how is the following for a letter explaining my lack of a tax return?

To whom it may concern:

I am writing to explain why I, _____________, have not included any tax returns with my I-864 Affidavit of Support for beneficiary ____________. I have not included a tax return because I am currently enrolled as a student at _____. I will be filing taxes for the year of 2015 to cover my current 3-month employment as a summer associate, but as of now, I have no tax returns to provide.

Although I am unable to provide any tax returns of my own, my aunt and uncle are acting as joint sponsors for ___________ and have provided their jointly filed tax returns for the years of 2014, 2013, and 2012. I am confident that their income will prove sufficient to serve as I-864 sponsors for ________.

Dated: July 8, 2015

Sincerely,

Petitioner

cwistofu

[cwistofu 0]

Please disregard the above two posts. I talked to an immigration attorney working down the hall from me who was able to answer those questions for me. I've been informed that all i need to send in is the 1040, which makes sense.

However, a new question has arisen as I prepare these documents for mailing (hopefully tomorrow):

As mentioned earlier, my aunt and uncle filed taxes jointly for the years of 2014, 2013, and 2012. I am sending in an I-864A for my uncle to accompany my aunt's I-864.

Part 6.13 asks me to list my aunt's AGI for their 3 most recent years, which I have found on the 1040 forms I received from my aunt.

However, my uncle's I-864 asks in Question 11 to also list his AGI. Since they have filed jointly, do I just put the same numbers as in my aunt's I-864?

Essentially, is it okay that the numbers are redundant in the I864 part 6.13 and in the accompanying I864A question 11?

Thank you, sincerely, as always.

[newacct 688]

As mentioned earlier, my aunt and uncle filed taxes jointly for the years of 2014, 2013, and 2012. I am sending in an I-864A for my uncle to accompany my aunt's I-864.

Part 6.13 asks me to list my aunt's AGI for their 3 most recent years, which I have found on the 1040 forms I received from my aunt.

However, my uncle's I-864 asks in Question 11 to also list his AGI. Since they have filed jointly, do I just put the same numbers as in my aunt's I-864?

Essentially, is it okay that the numbers are redundant in the I864 part 6.13 and in the accompanying I864A question 11?

Thank you, sincerely, as always.

It asks for the "gross income" line, not the AGI line. And yes, theirs should be the same for any years that they filed jointly.

[Ryan H 3,810]

Please disregard the above two posts. I talked to an immigration attorney working down the hall from me who was able to answer those questions for me. I've been informed that all i need to send in is the 1040, which makes sense.

If a copy of the 1040 form is sent, then copies of schedules attached to it need to be sent as well. Anyone (including immigration attorneys) suggesting otherwise are grossly incorrect. Tax transcripts can be used in lieu of copies of forms and schedules.

[cwistofu 0]

Hi guys,

Thank you for all of your help thus far.

I've taken the information you've provided me and have finally gotten everything together for the AOS itself, properly filled out.

AOS fees and IV fee have been paid. I'm working on the DS-260 and will have that submitted online by the end of the day.

Now, before I send everything out, I just want to double check what I should include in the package to the NVC. I don't want to have things sent back to me or more requests from the NVC asking for more documents. I've got:

1. I-864 - me, as petitioner

2. I-864 - aunt, as joint sponsor

3. I-864A - uncle, aunt's husband

4. aunt and uncle's 1040 tax returns for 2014, 2013, and 2012, as well as the schedules

5. copies of aunt's and uncle's naturalization certificates (to prove US citizenship)

6. letter explaining why I don't have any tax returns of my own

7. "Document Cover Sheet" from the NVC

Unsure if the following should also be included:

8. copy of my own US birth certificate

9. copy of my US passport

10. original copy of our Korean marriage certificate + notarized translation

11. passport-style photos of myself or my wife

12. copy of wife's birth certificate + translation

13. copy of wife's "family relations" + translation

14. wife's background check (police reports)

Is there anything I'm missing? Anything I've included but don't need to send in? (Since this is purely a financial check and we've already been approved by USCIS, I wouldn't imagine things like birth cert/marriage cert are necessary, but i'm not 100% sure!)

Thank you!

Edited July 15, 2015 by cwistofu

[Ryan H 3,810]

My comments next to each item.

Now, before I send everything out, I just want to double check what I should include in the package to the NVC. I don't want to have things sent back to me or more requests from the NVC asking for more documents. I've got:

1. I-864 - me, as petitioner

2. I-864 - aunt, as joint sponsor

3. I-864A - uncle, aunt's husband

4. aunt and uncle's 1040 tax returns for 2014, 2013, and 2012, as well as the schedules

5. copies of aunt's and uncle's naturalization certificates (to prove US citizenship)

6. letter explaining why I don't have any tax returns of my own

7. "Document Cover Sheet" from the NVC

Unsure if the following should also be included:

8. copy of my own US birth certificate

9. copy of my US passport

10. original copy of our Korean marriage certificate + notarized translation

11. passport-style photos of myself or my wife beneficiary only

12. copy of wife's birth certificate + translation

13. copy of wife's "family relations" + translation Not required, only useful for bona fide marriage evidence if petitioner's name is in it

14. wife's background check (police reports)

Is there anything I'm missing? Anything I've included but don't need to send in? (Since this is purely a financial check and we've already been approved by USCIS, I wouldn't imagine things like birth cert/marriage cert are necessary, but i'm not 100% sure!)

Thank you!

Regarding what I put in bold and blue. All USCIS approved was your petition establishing that the beneficiary is now eligible to apply for a certain type of visa. All the NVC will do is check for completeness before sending the file onward. It's the CO at the Embassy that has the final say on everything and it will be more than just a financial check.

[cwistofu 0]

Good news!

Heard back last week, we've got an interview date scheduled for early November.

I've read around and found that people are saying the interview is more or less a formality, and that it should take only 20-30 minutes and they put something on your passport then and there to qualify you for travel--is that all accurate? Is it fine to think I'll be able to bring her back with me before New Years?

And aside from the medical checkup and police background check (and the listed documents my wife has been told to bring), is there anything else we should do to prepare?

We're finally at the end of this entire process--and it's all thanks to everyone here! We can't express our gratitude enough!

[Ryan H 3,810]

Good news!

Heard back last week, we've got an interview date scheduled for early November.

I've read around and found that people are saying the interview is more or less a formality, and that it should take only 20-30 minutes and they put something on your passport then and there to qualify you for travel--is that all accurate? Is it fine to think I'll be able to bring her back with me before New Years?

And aside from the medical checkup and police background check (and the listed documents my wife has been told to bring), is there anything else we should do to prepare?

We're finally at the end of this entire process--and it's all thanks to everyone here! We can't express our gratitude enough!

The interview is not a formality and under no uncertain terms should it be approached as such, regardless of the country it's taking place in. A visa interview takes as long as it takes and the CO conducting it has complete decision-making authority on whether or not to issue a visa.

[cwistofu 0]

Ah. I guess we (I) got a bit ahead of myself then.

Aside from gathering the necessary documents, is there anything in particular we should do to have my wife prepare for the interview?

Additionally--and this is a stupid question but I'd just like to be sure--everything will be in English, right? That won't be a problem for us, but I just don't want her to go in and be taken by surprise by anything.

[cwistofu 0]

So in anticipation of the visa, about a month ago, I bought a round-trip plane ticket to go to Korea at the end of the year (to pick my wife up/see her parents/etc.), and she also bought her one way ticket to the US. We did this because we were afraid prices would get ridiculous. I realized then and I realize now that doing so isn't the best idea because we have no clue what might happen. But that's neither here nor there.

Anyway, I'm reading in a document titled "Instructions for Immigrant Visa Applicants" that a person should not buy their ticket before the interview.

Does this mean 1. buying the ticket will somehow disqualify my wife from the visa, or 2. the government is telling us to err on the side of caution and not to get ahead of ourselves because we might not get approved?

If it's 1, then I guess we'll have to cancel the ticket and eat the cancellation fees. But I don't want to do that and throw money away if it's actually the second case!

As always, thank you for your advice.

Edited November 4, 2015 by cwistofu

[cyclone27 710]

No guarantee visa will be issued or on the date that you booked your flights for. So it's just a warning that if you buy tickets before visa is in your passport then it might cost you to lose money.