How long the approved I-130 valid for ?

[azeemguy 4]

Hello All, 

 

Great forum with great info. Thanks all in advance for the superb support. 

 

Background : I am the principal applicant in Canada and my wife is the petitioner sponsoring me in the USA. 

 

We recently got our I-130 approved and got the NOA2 sometime mid April. We were preparing for the AOS and IV packages and hit a road bump that my wife doesn't meet the income requirements for this year. In addition to that we just discovered that it is recommended to file that taxes jointly.  

 

My question is that does anyone know that how long is the approved I-130 valid for ? I am going to try to get the IRS ITIN number and then re-file the amended taxes for the previous years as joint so that we can also meet the income requirements. This will take some time and I was wondering how much time do we have during the AOS/IV stage in NVC. Can somebody assist ?

[zilchfox 296]

Does the NOA1/2 not have the petitions expiration on it at the top? I do recall that being a thing for my I-129F. 

[broppy 204]

22 minutes ago, azeemguy said:

We recently got our I-130 approved and got the NOA2 sometime mid April. We were preparing for the AOS and IV packages and hit a road bump that my wife doesn't meet the income requirements for this year. In addition to that we just discovered that it is recommended to file that taxes jointly.  

 

My question is that does anyone know that how long is the approved I-130 valid for ? I am going to try to get the IRS ITIN number and then re-file the amended taxes for the previous years as joint so that we can also meet the income requirements. This will take some time and I was wondering how much time do we have during the AOS/IV stage in NVC. Can somebody assist ?

You don't need an ITIN and you don't need to file taxes as joint. All that matters is that your spouse files taxes as married - "married filing separately" is perfectly acceptable. Although the forms ask for spouse's name and SSN, your spouse can just enter NRA (non resident alien).

[ASMS 86]

1 hour ago, azeemguy said:

Hello All, 

 

Great forum with great info. Thanks all in advance for the superb support. 

 

Background : I am the principal applicant in Canada and my wife is the petitioner sponsoring me in the USA. 

 

We recently got our I-130 approved and got the NOA2 sometime mid April. We were preparing for the AOS and IV packages and hit a road bump that my wife doesn't meet the income requirements for this year. In addition to that we just discovered that it is recommended to file that taxes jointly.  

 

My question is that does anyone know that how long is the approved I-130 valid for ? I am going to try to get the IRS ITIN number and then re-file the amended taxes for the previous years as joint so that we can also meet the income requirements. This will take some time and I was wondering how much time do we have during the AOS/IV stage in NVC. Can somebody assist ?

You can't combine your income with hers to "meet income requirements", this is something only joint sponsors can do (if they fill taxes with someone else: marriage), your wife is the main sponsor.

If your wife doesn't meet the income requirements you must get a joint sponsor. Otherwise you won't be able to continue on the NVC stage, and more like them asking you to get a joint sponsor.

 

Not sure, but I believe CR-1/IR-1 visas never expired.

 

 

Edited May 2, 2017 by ASMS

[Jojo92122 1,924]

The NVC will keep your case open as long as you communicate with them.  After one year of no communication from you, the case is closed.

 

Taxes and immigrations are two different creatures.

 

Filing jointly is usually the best results for a couple.  

 

For the I-864, you can not use an income that would stop once you immigrate to the US.  Your Canadian income will not count for the I-864 even if you amend your wife's US tax return to file jointly.  If your wife's income is from Canada, it will not count either. 

 

You might need a Joint Sponsor.

[azeemguy 4]

59 minutes ago, broppy said:

You don't need an ITIN and you don't need to file taxes as joint. All that matters is that your spouse files taxes as married - "married filing separately" is perfectly acceptable. Although the forms ask for spouse's name and SSN, your spouse can just enter NRA (non resident alien).

Hmmm. That is bizarre. I was looking into Form W7 for ITN and saw this in the guide : 

 

e. Spouse of U.S. citizen/resident alien.   This category includes:

• A resident or nonresident alien spouse who isn’t filing a U.S. federal tax return (including a joint return) and who isn’t eligible to get an SSN but who, as a spouse, is claimed as an exemption; and

• A resident or nonresident alien electing to file a U.S. federal tax return jointly with a spouse who is a U.S. citizen or resident alien.

Spouses of U.S. military personnel can submit original documents, certified copies or notarized copies of identification documents. A copy of the servicemember’s U.S. military ID will be required or the applicant must be applying from an overseas APO/FPO address. A copy of the servicemember’s U.S. military ID is required to be included with the application if the documents are notarized. If you’re applying for an ITIN under this category, you must provide the full name and SSN or ITIN of the U.S. citizen/resident alien. Enter the information in the space provided.

 

Regardless my incentive for attempting to file together was to possibly meet the income requirements. But if that won't do the trick then I will just get her to re-file as "married filing separately". I am still trying to figure out that how long do we have to submit the AOS and IV packages. 

 

I do understand the other side of it but at the same time it is very sad to see that people with low incomes are not eligible to bring over their spouses.  

[azeemguy 4]

6 minutes ago, Jojo92122 said:

The NVC will keep your case open as long as you communicate with them.  After one year of no communication from you, the case is closed.

 

Taxes and immigrations are two different creatures.

 

Filing jointly is usually the best results for a couple.  

 

For the I-864, you can not use an income that would stop once you immigrate to the US.  Your Canadian income will not count for the I-864 even if you amend your wife's US tax return to file jointly.  If your wife's income is from Canada, it will not count either. 

 

You might need a Joint Sponsor.

Thanks Jojo (and other folks) for the info. I hear yah loud and clear. My wife is pretty much by herself and trying to look for a joint sponsor. It is hard as somehow this topic puts people at unease. But what needs to be done needs to be done. The search is on going. 

[broppy 204]

5 minutes ago, azeemguy said:

Hmmm. That is bizarre. I was looking into Form W7 for ITN and saw this in the guide : 

 

e. Spouse of U.S. citizen/resident alien.   This category includes:

• A resident or nonresident alien spouse who isn’t filing a U.S. federal tax return (including a joint return) and who isn’t eligible to get an SSN but who, as a spouse, is claimed as an exemption; and

• A resident or nonresident alien electing to file a U.S. federal tax return jointly with a spouse who is a U.S. citizen or resident alien.

Not really bizarre - the first bullet applies if your spouse wants to claim you as an exemption and the second applies if you're filing jointly. If your spouse files married filing separately and doesn't claim you as an exemption, there's no need for you to have an ITIN or SSN.

[ASMS 86]

47 minutes ago, azeemguy said:

Hmmm. That is bizarre. I was looking into Form W7 for ITN and saw this in the guide : 

 

e. Spouse of U.S. citizen/resident alien.   This category includes:

• A resident or nonresident alien spouse who isn’t filing a U.S. federal tax return (including a joint return) and who isn’t eligible to get an SSN but who, as a spouse, is claimed as an exemption; and

• A resident or nonresident alien electing to file a U.S. federal tax return jointly with a spouse who is a U.S. citizen or resident alien.

Spouses of U.S. military personnel can submit original documents, certified copies or notarized copies of identification documents. A copy of the servicemember’s U.S. military ID will be required or the applicant must be applying from an overseas APO/FPO address. A copy of the servicemember’s U.S. military ID is required to be included with the application if the documents are notarized. If you’re applying for an ITIN under this category, you must provide the full name and SSN or ITIN of the U.S. citizen/resident alien. Enter the information in the space provided.

 

Regardless my incentive for attempting to file together was to possibly meet the income requirements. But if that won't do the trick then I will just get her to re-file as "married filing separately". I am still trying to figure out that how long do we have to submit the AOS and IV packages. 

 

I do understand the other side of it but at the same time it is very sad to see that people with low incomes are not eligible to bring over their spouses.  

 

You should probably read this, and then read it again and search more info about every aspect that could be related with your situation:

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[azeemguy 4]

33 minutes ago, ASMS said:

 

You should probably read this, and then read it again and search more info about every aspect that could be related with your situation:

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Thanks guys. I am going to carefully review this. 

 

In the mean time, would it be ok for me to submit the IV package alone and submit the AOS package later ? 

[Jojo92122 1,924]

You can submit the AOS later.

[Ryan H 3,812]

Approved I-130 petitions do not carry an expiration date.