complicated situation

[vcomp 0]

Hello, my wife is a USC by birth, but left the US as a child. She doesn't have any US relatives and grew up in a non European western country. I'm an EU citizen, and working on my graduate degree in chemistry, in an eu county that isn't my native one. We have a child due end of this year. We want to use my wife's citizenship to get us to the US, possibly TX. How difficult is it to get that done? Can our child somehow get a US citizenship? My wife has to get a new passport. She never had a new one after her first one expired. Is that a problem? She is currently a student and had only small part time jobs in her home country. Will we have to interact with the IRS? If she has no income, can our assets compensate for that if they are equal to 3x the poverty line for our household size? Does she need a back account in the US? Can she get one from abroad? If I get a green card through the lottery, will we have to go through bureaucracy with our infant if she doesn't become a USC? How do we do this without having to live apart?

[jxn 86]

U.S. citizens living abroad still need to file their taxes, even if none are owed.

Children of a U.S. citizen can acquire citizenship, but I recall some rules about needing to reside stateside for a minimum number of years if living permanently abroad.

Your easiest option may be to have your wife get a new U.S. passport and give birth stateside. You should also have her file back taxes.

[Stressed Out 81]

If she wasn't required to file taxes due to low/no income then she can provide her own written statement which explains such. She can open a US bank account if she has a US address through which the bank can send her mail...it was a requirement for me when I opened an account last December, but luckily I had my parents' address to use as we'll be living with them anyway upon our arrival.

In total, her being a USC means she can petition you, but only if she can prove her citizenship and her re-establishment of domicile in the US.

Edited October 6, 2014 by Stressed Out

[milimelo 4,486]

Wife will file two I-130s as she doesn't qualify to pass citizenship directly to the child. Once the child enters the US with an immigrant visa, the child will become a citizen.

All US citizens are required to file taxes yearly - she'll probably have to back file taxes for the past 3-5 years.

For affidavit of support purposes, yes you can use joint assets. Check out form I-864 on uscis.gov

Wife should also look into filing I-130 directly with the Frankfurt consulate in Germany if that's where you live:

http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[Stressed Out 81]

U.S. citizens living abroad still need to file their taxes, even if none are owed.

Children of a U.S. citizen can acquire citizenship, but I recall some rules about needing to reside stateside for a minimum number of years if living permanently abroad.

Your easiest option may be to have your wife get a new U.S. passport and give birth stateside. You should also have her file back taxes.

If you make under a certain threshold (for two in one household it's $20k combined) then you aren't required to file. My uncle used to be a CPA before getting a job as a CFO several years ago and he told me that.

Edited October 6, 2014 by Stressed Out

[NigeriaorBust 4,087]

Your wife would have needed to have lived in the US as couple years after she turn 14 to pass citizenship to a child but the child can get citizenship on entry if under 18. If born abroad she needs to file 2 I130s and you need to show income/assets for your I130 and an I864W for the child.

[Mark88 183]

How difficult is it to get that done?

Goes from easy to very difficult depending on your case, and can go anywhere from a couple weeks to a couple years (although very unlikely for Germans).

Can our child somehow get a US citizenship?

If your wife fullfils the physical presence requirement she can pass it on. Otherwise she'll have chance through the Child Citizenship Act.

My wife has to get a new passport. She never had a new one after her first one expired. Is that a problem?

No.

Will we have to interact with the IRS?

Yes, all USC are required to file taxes no matter where they live. For filing a I-130 you will have to show atleast one year of tax returns (sometimes more).

If she has no income, can our assets compensate for that if they are equal to 3x the poverty line for our household size?

Yes, but you will still have to provide tax returns.

Does she need a back account in the US? Can she get one from abroad?

No. It will depend on the bank.

If I get a green card through the lottery, will we have to go through bureaucracy with our infant if she doesn't become a USC? How do we do this without having to live apart?

Yes, but getting a green card through the lottery will be more of a hastle than getting one through marriage. You will be going through a lot of bereaucracy no matter which way you go for (you or) your child.

How do we do this without having to live apart?

DCF in Frankfurt, or anywhere else with a USCIS foreign office.

Edited October 6, 2014 by Mark88

[vcomp 0]

Thanks for the many replies! The fog starts to clear up. The child will be born here. No way around that.

So, a couple more questions:

If I win the greencard lottery, will we still have to show the same assets as with a normal spouse visa?

Will any of my assets or my income be taxable by the US?

We got a small student loan that will not have to be repaid until there's enough income made and if the income is made in that job that the degree was for. Do we have to put that down somewhere? Will it count against the assets?

According to the embassy's website of the country we're residing in, we have to send the I-130 to chicago by mail. How long would the process last that way (ballpark average estimate)?

According to this website: http://bit.ly/1BJiBQR income under $95k per year can be excluded. She's never earned that much. The max was less then 20k (according to the current currency conversion rate - is that applicable?). Does she have to prove that she hasn't earned that much?

How does my wife prove that she's re-establishing her domicile? Is it possible for us together to go to the US (me maybe with a tourist visa), then renting an apartment and starting the imigration process from there? What, if I take a short flight to mexico, she files the I-130, and I come back?

So, right now it looks like these are the steps:
1) get the assets together

2) get the new passport

3) report to the IRS (or not)

3) get proof for reestablishment of US domicile

4) post to chicago: 2xI-130 + 1x i-864w

right?

Should I let a professional look over this or is it a waste of money? How would I do this from overseas?

[Mark88 183]

You're asking too many general questions. Also some details which country you are currently residing in will help getting better answers. And reading the I-130 guide will probaly help you, too.

http://www.visajourney.com/content/i130guide1

If you file over Chicago, or the US in general, you are looking at around 12-18 months processing time. And doing the DV lottery is a big IF, and won't solve your childs problem. You're better off filing taxes for at least the last year, and getting a green card through your wife. Even if her income is under $95K, you are still required to file a tax return. It is just that you might be excempt from paying taxes.

You can travel to the US on a VWP since you are a German citizen. Flying to Mexico or Canada will not extend or restart your stay time in the US. You would have to travel further, and even then, CBP will get the hint after the second or third time. And staying 18 months in the US while waiting for a visa + aren't able to go to work or attend college will be a loooooong time.

To your last question: It will be a waste of money to have an immigration attorney look over it. Read the guide and prepare that the process will take 12-18 months. Or move back to Germany, and file over Frankfurt. DCF there can take as little as six weeks until you have the visa in your hands.