Filing for K-1 Visa while living together abroad

[KayDeeCee 4,896]

It seems the CR-1 through direct file is potential way to go. I contacted the Guangzhou consulate today, but they are unhelpful. When I mention the CR-1 visa to the operator she didn't have any idea what I was talking about and bouncing me between recordings. I want to email them to ask them questions but I need a case number to send it....I don't have a case number yet obviously....

On their recording they did say that in some cases one could direct file...but it didn't specify....

I need to confirm the true nature of direct filing (not sure how to do that). I also need to know if they accept a co-sponsor for the financial requirements.

If contacting the consulate, you should probably be asking about filing an I-130 directly at the consulate, and not asking them about a CR-1. Though the people that man the phones may not even know much about that.

However, RandyW above posted the link for your consulate about direct filing of the I-130. It tells about how to file the petition, the fee and what documentation is required. > http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

Yes, when married and filing for a spousal visa, you will use the I-864 affidavit of support, and that form allows joint sponsors to be used. You can read the instructions for the I-864 > http://www.uscis.gov/i-864

Since you seem to be going the way of DCF, I am going to go ahead and move your post to the DCF forum.

~ Moved from K-1 Process to Direct Consular Filing ~

[Questionsamany 0]

If contacting the consulate, you should probably be asking about filing an I-130 directly at the consulate, and not asking them about a CR-1. Though the people that man the phones may not even know much about that.

However, RandyW above posted the link for your consulate about direct filing of the I-130. It tells about how to file the petition, the fee and what documentation is required. > http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

Yes, when married and filing for a spousal visa, you will use the I-864 affidavit of support, and that form allows joint sponsors to be used. You can read the instructions for the I-864 > http://www.uscis.gov/i-864

Since you seem to be going the way of DCF, I am going to go ahead and move your post to the DCF forum.

~ Moved from K-1 Process to Direct Consular Filing ~

Thank you all for your kind support and helpful advice.

I have started the CR1 visa application. The I-130 is just about finished and now I am working on the I-184. Now, I have been living abroad for 2.5 years and I am making a really meager salary. Nonetheless the I-184 seems to want me US tax information. I haven't filed taxes in the United States since I paid them in China. Maybe I should have?

I do have the tax information of my joint sponsor, however.

[Darnell 8,479]

ya, uscitizens are required to file it. study irs form f2555 or f2555EZ. [you are studying the form I-864, not the I-134, for a CR-1 visa application]

when filing to USCIS Guangzhou - file ONLY the I-130 set. I-864 comes in later, for the DS-260/IV application group, for the VISA Application.

and yes, assume you need a co-sponser/joint sponser, who will file an additional I-864.

[RandyW 149]

Thank you all for your kind support and helpful advice.

I have started the CR1 visa application. The I-130 is just about finished and now I am working on the I-184. Now, I have been living abroad for 2.5 years and I am making a really meager salary. Nonetheless the I-184 seems to want me US tax information. I haven't filed taxes in the United States since I paid them in China. Maybe I should have?

I do have the tax information of my joint sponsor, however.

The Foreign Earned Income Exclusion allows you to take a tax credit based on your Foreign Earned Income (see the Form 2555). If you do not file your taxes, you do not receive the credit, and you MAY owe U.S. income taxes as a result.

After filling out the forms, you will probably find your tax due is $0. File it anyway - there is no penalty or late fee if no tax is due. If you're earning anything at all, it's always a good idea to have copies of the tax forms or tax transcripts to file with your Affidavit of Support. Not filing taxes is a MAJOR red flag, if your income without the Exclusion is above the taxable minimum.

[Questionsamany 0]

The Foreign Earned Income Exclusion allows you to take a tax credit based on your Foreign Earned Income (see the Form 2555). If you do not file your taxes, you do not receive the credit, and you MAY owe U.S. income taxes as a result.

After filling out the forms, you will probably find your tax due is $0. File it anyway - there is no penalty or late fee if no tax is due. If you're earning anything at all, it's always a good idea to have copies of the tax forms or tax transcripts to file with your Affidavit of Support. Not filing taxes is a MAJOR red flag, if your income without the Exclusion is above the taxable minimum.

Yes, I have started the process of filing my taxes. Should have it done soon. I suppose it was stupid to think that I would have to. However, as I understand it one needs to be living outside of the USA for 330 of 365 days a year to qualify as an 'expat' and therefore $92,000 exclusion may not apply to me. Still working on it though...

[RandyW 149]

Yes, I have started the process of filing my taxes. Should have it done soon. I suppose it was stupid to think that I would have to. However, as I understand it one needs to be living outside of the USA for 330 of 365 days a year to qualify as an 'expat' and therefore $92,000 exclusion may not apply to me. Still working on it though...

You said you were an expat for 2.5 years - that more than covers the 330 days (just look closely at the eligibility requirements - it DOESN'T require 330 days for EACH tax year). The $92,000 amount will be pro-rated for the actual number of days you lived in China during the tax period. That is, if the 0.5 years was LAST year, then that 'exclusion' would be valid for only up to $46,000.

THERE IS A FOREIGN EARNED INCOME EXCLUSION WORKSHEET in the 1040 Instructions. Use THAT to calculate your taxes - you're not actually 'excluding' anything, especially if you also had U.S.-based income during the year.

Edited October 4, 2014 by RandyW

[Questionsamany 0]

You said you were an expat for 2.5 years - that more than covers the 330 days (just look closely at the eligibility requirements - it DOESN'T require 330 days for EACH tax year). The $92,000 amount will be pro-rated for the actual number of days you lived in China during the tax period. That is, if the 0.5 years was LAST year, then that 'exclusion' would be valid for only up to $46,000.

THERE IS A FOREIGN EARNED INCOME EXCLUSION WORKSHEET in the 1040 Instructions. Use THAT to calculate your taxes - you're not actually 'excluding' anything, especially if you also had U.S.-based income during the year.

Ah, one of the website I saw got it wrong, thanks for the tip. I am waiting on my employer to provide the proper documentation....

I will be heading to Shanghai in a few days to get my Eligibility to Marry Affidavit. My fiance is heading to her hometown to get hers as well, as well as her criminal background report, and birth certificate (she doesn't have one). Long process as we have to wait until the holiday is over.

[Verenaaa 3]

Its not an issue at all to file the K1 paperwork while both of you are in China. My US fiance (who has been living with me in Germany) and I did the same thing. It was actually easier this way as we could prepare the whole Package together. He stated in his letzter of intent that he is currently living with me in Germany but is returning to the US soon to establish our US domicile and get things Set up / prepare for the wedding (Our Future life in the States). Hope that helps

[Questionsamany 0]

Its not an issue at all to file the K1 paperwork while both of you are in China. My US fiance (who has been living with me in Germany) and I did the same thing. It was actually easier this way as we could prepare the whole Package together. He stated in his letzter of intent that he is currently living with me in Germany but is returning to the US soon to establish our US domicile and get things Set up / prepare for the wedding (Our Future life in the States). Hope that helps

Yes, I know it's not really an issue. The key factor is time. Apparently the CR-1 Visa, when directly filed abroad, is the faster way to go. I am hoping to file in November after I get all of this paperwork. Just hoping I can get her the visa by June :/

[Questionsamany 0]

So I have run into yet another hiccup in my application for my soon to be wife. She is a Communist Party member and now I understand they are not admissible for Green Cards. Of course, she doesn't have any rank in the party and she doesn't have any ideological connection to the party. I once asked her why she joined and she replied that she wasn't even sure (sense of achievement maybe?) Anyway, does anyone know what the odds are of getting a CR1 visa as a party member? I found some resources on the subject but it will be helpful if someone has been through the process before.

http://lawandborder.com/communist-party-members-ineligible-green-card/

http://www.eb5investors.com/blog/uscis-policy-on-communist-party-membership-and-implication-on-obtaining-a-green-card

Edited October 8, 2014 by Questionsamany

[Darnell 8,479]

There is a wait time after interview, to determine 'stuff' , whilst the IV unit performs another, new investigation about it.

Things that help -

1. she not pay yearly dues since 3 to 5 years prior to interview date

2. proof of only doing it to obtain a job or promotion

there's some others, but note in the CHINA sub-forum here, it's been written about , aye?