IR1 Manila + Children - Not much in income / assets

[A.m.dcf 3]

Hi guys. I'm new here I need a little advise.

Background of couple: I'm 26 years old. Been living in the Philippines since I was 15 years old. Went to college here and then started a couple businesses with varying success. Currently I'm a freelance web developer. My Filipino wife is 27 years old freelance photographer and makeup artist. We also own a cafe that we run together. We have 2 biological children together and she had a son before she met me who is 7 years old. 

 

Problems I think I'm facing:

#1 I don't meet the income level as I don't have any tax returns. Most of our income comes from the cafe.

#2 Should I apply for all 4 of them or just my wife?

#3 Should I use an attorney if so any recommendations?

#4 Not a lot of funds for an attorney but might be able to pull it off

#5 My fathers income which is about $1,600 a month might not be enough. Could I use a close family friend as a joint sponsor (doctor) who has a comfortably higher income level? Would this help?

 

Additional information:

#1 I was denied for the CRBA for both children as I've not lived in the US at least two years after the age of 14. I was however born in the US and lived there until the age of 15. (Consular Report of Birth Abroad)

#2 My father whom I was planning on having as the co-sponsor gets about $1,600 a month from his Social Security check. 

[geowrian 22,338]

1. I'd also note that unless your income from the cafe will continue after immigrating to the US, it won't count.
   1. You must show that you have filed taxes for the past 3 years (or were not required to file). USCs are taxed on their worldwide income, but can usually claim the Foreign Earned Income Exclusion to completely eliminate their tax liability below ~$100k earned.
   2. If you were required to file taxes for a year and didn't then you will need to do so.
   3. If you were not required to file for a year (i.e. you earned less the minimum required to file...See https://www.thebalance.com/are-you-required-to-file-a-tax-return-3192868 and  https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad), then you need to provide a statement explaining that you were not required to file for that year.
2. You must apply for each immigrant since they are all immediate relatives (no derivative beneficiaries in that category). IR-1 for your wife, and IR-2s for each child/stepchild (they can be submitted all together still).
3. That's a personal choice, but I don't see a compelling reason why one is needed.
4.  
5. The joint sponsor would need to meet 125% of the income level for the household size (See https://www.uscis.gov/system/files_force/files/form/i-864p.pdf). A joint sponsor can be any USC or LPR living in the US.

 

1. Correct.
   1. Once your biological children get their immigrant visas (IR-2) and enter the US on it, they should become USCs. At that point, you can either apply for US passports for them or a Certificate of Citizenship (via an N-600) + US passport.
      1. See https://www.uscis.gov/us-citizenship/citizenship-through-parents:
         "Automatic U.S. Citizenship After Birth - But Before the Age of 18"
         A Child Born Outside the U.S. is a Citizen after Birth IF...The child was under 18 or not yet born on February 27, 2001
         AND At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.
   2. The stepchild will derive citizenship from their mother if she naturalizes (so long as they are under 21 at the time).
      https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter2.html
   3. See:
2. Is $1,600 before or after taxes? The income they go by is gross income (not net income). At $1,600/month, that's only $19,200/year. That's below the minimum to sponsor 1 immigrant using the I-864P above.

One other thing to consider is that you will need to show US domicile, or sufficient intent to establish US domicile. This can be done by registering to vote, getting a US-based job offer, obtaining information about registering the kids for school, having a rental agreement/lease, getting a US bank account, obtaining insurances, getting a driver's license, etc. There's a lot more information available about this in other threads and guides so I won't go into detail here. The alternative is to go to the US first and establish domicile, then your family joins you once they get the visas. One such guide is here (see "Domicile" section): http://www.visajourney.com/wiki/index.php/NVC_Process. The goal here is they want to ensure the beneficiaries aren't going to the US while you remain living abroad (since the purpose of the visa is family reunification).

[joanamber 16]

Hi, I have the same situation as you. How can you prove proof of domicile? I am also living in the Ph for almost 20 years now. Really confused. 

[A.m.dcf 3]

@geowrian 

Thank you for patiently laying all that out for me I really appreciate it!

I think right now the problems I'm going to have are 
#1 I've not filed any taxes. I've been going to school here since I was 15 years old. I've only stopped going to college for the last two years with very little income of my own. Cafe is in the wife's name. Could I have a statement along those lines?
#2 Joint sponsor. I have a family friend that I'm going to talk with they earn upwards of $100,000 a year so that may take care of the problem with the poverty guidelines, will the joint sponsor be able to cover my lack of income entirely?

#3 Regarding proof of domicile. My father could actually rent me his home, I could contact my old elementary school to get the kids enrolled. Would that be sufficient in your opinion? I seen a huge list after you suggested finding samples elsewhere on this forum here: 

 and it is quite extensive. I could do a lot more regarding contacting shipping companies, schools and even get an international license issued to me but due to my the my age when I left the US I don't have credit cards etc. Not really a question but your opinion would be valuable.

 

So far these look like my possible pitfalls and I'm doing more research on how to cover these bases. Anything you might be able to add would be kindly appreciated.

 

Thank you

 

@joanamber I did post a thread regarding reestablishing domicile above. It may help you as well.

[geowrian 22,338]

1 hour ago, A.m.dcf said:

Thank you for patiently laying all that out for me I really appreciate it!

I think right now the problems I'm going to have are 
#1 I've not filed any taxes. I've been going to school here since I was 15 years old. I've only stopped going to college for the last two years with very little income of my own. Cafe is in the wife's name. Could I have a statement along those lines?
#2 Joint sponsor. I have a family friend that I'm going to talk with they earn upwards of $100,000 a year so that may take care of the problem with the poverty guidelines, will the joint sponsor be able to cover my lack of income entirely?

#3 Regarding proof of domicile. My father could actually rent me his home, I could contact my old elementary school to get the kids enrolled. Would that be sufficient in your opinion? I seen a huge list after you suggested finding samples elsewhere on this forum here: 

 

and it is quite extensive. I could do a lot more regarding contacting shipping companies, schools and even get an international license issued to me but due to my the my age when I left the US I don't have credit cards etc. Not really a question but your opinion would be valuable.

 

So far these look like my possible pitfalls and I'm doing more research on how to cover these bases. Anything you might be able to add would be kindly appreciated.

You're welcome!

1. Okay, so you either need to file the back taxes (it's a pain, but unless you were making quite a bit of money, it shouldn't result in any taxes being owed) or provide a statement explaining why. Look at those links and research more, and determine if you were required to file and file them. If it's the latter case, then the statement just needs to explain why you weren't required to file. State your name, role (spouse of xyz and her I-130 petitioner), and that you didn't file income tax returns for 2014, 2015, and 2016 because [reason]. The reason would be, presumably, that you only worked abroad as a part time as a freelance web developer and help with your wife's cafe, so you didn't earn enough income to be required to file. Be sure to sign it.
   1. Sample letter discussion: http://www.visajourney.com/forums/topic/225426-sample-letter-of-explanation-no-tax-returns-for-i-864/
2. Yes. There shouldn't be any issue with income if you have a joint sponsor that meets the requirements. You must still complete an I-864 and have filed the past 3 years of taxes as is required for it, though.
3. I'll be a bit blunt here...I'm not sure. What qualifies as sufficient evidence for intent to establish domicile varies by embassy and circumstances. You've lived a long time outside of the US. But you're also bringing your family of 5, which is probably viewed more favorable than just a husband trying to bring a wife. They will look at the totality of your circumstances and evidences to make a determination about domicile...there's no set single item or set list of things that will prove it, sorry. Beyond that, I can just refer you to the previous link with some examples + encourage you to look at other threads here (it's a common topic...you're far from alone!) for input. Worst case is they would hold off on issuing the visa until you can show sufficient domicile (i.e. moving to the US first at that point). The more evidence you can get, the better. USEM usually isn't quite as strict here as some other embassies, but domicile is a requirement they take seriously anywhere.

Good luck!

Edited August 8, 2017 by geowrian

[A.m.dcf 3]

@geowrian

Thank you once again for further clarification I really do appreciate it. 

I've been doing a lot of research over the last few days regarding my predicament. On your last post #2 the I-864 that I'm required to fill out, do I actually have to have my last 3 years of taxes or will the explanation/declaration of why I didn't have to file for taxes enough?

 

Another question I have if you don't mind. When I initially send in my petition/s and do not meet the requirement for having enough income or the joint sponsor not having enough income will they outright deny me there or will they still have medical and an interview scheduled? Of course I'd like to plead my case at the interview but if I don't meet the income requirements will a consular officer who is doing my interview be able to approve me despite not meeting the income requirements?

 

Thank you once again. Your expertise and opinions are greatly appreciated.

[geowrian 22,338]

On 8/11/2017 at 6:49 AM, A.m.dcf said:

I've been doing a lot of research over the last few days regarding my predicament. On your last post #2 the I-864 that I'm required to fill out, do I actually have to have my last 3 years of taxes or will the explanation/declaration of why I didn't have to file for taxes enough?

 

Another question I have if you don't mind. When I initially send in my petition/s and do not meet the requirement for having enough income or the joint sponsor not having enough income will they outright deny me there or will they still have medical and an interview scheduled? Of course I'd like to plead my case at the interview but if I don't meet the income requirements will a consular officer who is doing my interview be able to approve me despite not meeting the income requirements?

 

Thank you once again. Your expertise and opinions are greatly appreciated.

It's either/or. So if you weren't required to file, then you don't have anything to show them for taxes. You can have one statement to explain that you weren't required to file for each of the 3 years because you earned below the minimum income level.

 

When you submit the I-130 petition, it's not required. It's required after the I-130 is approved. For DCF I'm not certain when exactly it's requested after approval (sorry), but it's before the interview. I'll defer to others more familiar with DCF processes for that detail. I don't see how your income would be sufficient if 1) it were to continue from the same source after returning to the US (as is required for it to qualify), and 2) did not meet the minimum requirements to file taxes for the past 3 years. Those are kind of competing arguments. haha So it would come down to the joint sponsor, which is fine. If their income is sufficient then they will proceed. If not, then they will very likely issue an RFE requesting an I-864 that meets the requirements (i.e. a different joint sponsor or finding US-based employment that meets the requirements first). This is before the interview is scheduled. It would be quite unusual to outright deny due the I-864 on the first submission. Not impossible, but not something to expect either. Just check that the income is sufficient and that all supporting documents for it are provided, and you'll be fine.

 

The medical is at SLEC and is walk-in and first-come, first-serve (no scheduling). You can register online to help slightly with paperwork. It typically takes 2 days assuming a "clean" result. They will give you a sealed envelope to present to the embassy (and an x-ray CD for your records). Keep in mind not to do the medical too soon - the medical is only good for 6 months, and the visa's validity is 6 months from the medical or the interview - whichever is sooner.

 

No problem! I wish I had more info specific to DCF for you.

[A.m.dcf 3]

On 8/15/2017 at 2:27 PM, geowrian said:

It's either/or. So if you weren't required to file, then you don't have anything to show them for taxes. You can have one statement to explain that you weren't required to file for each of the 3 years because you earned below the minimum income level.

 

When you submit the I-130 petition, it's not required. It's required after the I-130 is approved. For DCF I'm not certain when exactly it's requested after approval (sorry), but it's before the interview. I'll defer to others more familiar with DCF processes for that detail. I don't see how your income would be sufficient if 1) it were to continue from the same source after returning to the US (as is required for it to qualify), and 2) did not meet the minimum requirements to file taxes for the past 3 years. Those are kind of competing arguments. haha So it would come down to the joint sponsor, which is fine. If their income is sufficient then they will proceed. If not, then they will very likely issue an RFE requesting an I-864 that meets the requirements (i.e. a different joint sponsor or finding US-based employment that meets the requirements first). This is before the interview is scheduled. It would be quite unusual to outright deny due the I-864 on the first submission. Not impossible, but not something to expect either. Just check that the income is sufficient and that all supporting documents for it are provided, and you'll be fine.

 

The medical is at SLEC and is walk-in and first-come, first-serve (no scheduling). You can register online to help slightly with paperwork. It typically takes 2 days assuming a "clean" result. They will give you a sealed envelope to present to the embassy (and an x-ray CD for your records). Keep in mind not to do the medical too soon - the medical is only good for 6 months, and the visa's validity is 6 months from the medical or the interview - whichever is sooner.

 

No problem! I wish I had more info specific to DCF for you.

Hi,

Thank you so much for the information. It's fine maybe another person will chime in regarding the DCF but thank you so much for passing forward the information you do have. I'm feeling pretty beat down today. I did talk to an attorney the other day which Is why I wasn't able to reply sooner. He basically told me that I needed to have my taxes straightened out and referred me to a tax attorney which he knew. Is this normal? I told him that I wasn't making enough income as a student nor in the last two years since being out of school, but he told me that I'd still have to file and everyone living abroad has to file taxes or else they will hold up my DCF until I straightened it out. He basically told me to #1 fix my taxes #2 find a stronger joint sponsor and only then continue forward. Then he referred me to a tax attorney who suggested I go through some amnesty program. 

 

If any of that sounded wrong to you please let me know as I'm feeling pretty bad about it all especially after I went there to talk to him about my options while feeling good that I could just include a statement about not making enough money to file since I was going to school and living aboard but he pulled a 180 on me and now I feel like hes bumping me over to one of his colleagues to try and make a dime. 

[geowrian 22,338]

On 8/17/2017 at 7:46 AM, A.m.dcf said:

Hi,

Thank you so much for the information. It's fine maybe another person will chime in regarding the DCF but thank you so much for passing forward the information you do have. I'm feeling pretty beat down today. I did talk to an attorney the other day which Is why I wasn't able to reply sooner. He basically told me that I needed to have my taxes straightened out and referred me to a tax attorney which he knew. Is this normal? I told him that I wasn't making enough income as a student nor in the last two years since being out of school, but he told me that I'd still have to file and everyone living abroad has to file taxes or else they will hold up my DCF until I straightened it out. He basically told me to #1 fix my taxes #2 find a stronger joint sponsor and only then continue forward. Then he referred me to a tax attorney who suggested I go through some amnesty program. 

 

If any of that sounded wrong to you please let me know as I'm feeling pretty bad about it all especially after I went there to talk to him about my options while feeling good that I could just include a statement about not making enough money to file since I was going to school and living aboard but he pulled a 180 on me and now I feel like hes bumping me over to one of his colleagues to try and make a dime. 

Sorry for the delay...my fiancee just arrived in the US.

 

I don't know the specifics of your tax situation, but if you earned under the minimum amounts then you aren't required to file. This applies equally to US citizens living or earning the income within the US or while abroad. If you earned above the minimum amount but owed no taxes, then you were still required to file. I'll refer to https://www.americansabroad.org/us-taxes-abroad-for-dummies-update/. And http://www.nolo.com/legal-encyclopedia/when-us-citizens-living-abroad-owe-us-tax.html. Just note that the minimums are pretty low to be required to file. Many people have done DCF without filing taxes (because they weren't required to file)...the requirements between "normal" processing and DCF are the same.

 

Here's a recent DCF experience where the sponsor/petitioner earned some income but below the minimum requirements:

As for the specifics, it might not be a bad idea to talk to a CPA or tax attorney that specializes in US tax laws. I don't want to give credence if he is just bumping you off to somebody else to earn a referral or not...just saying that if you aren't sure if you fall under the minimum income levels then they should be able to give you a definitive answer. Note that only the past 3 years of taxes are required, and in the the majority of cases, the FEIE still applies to reduce the taxable income below ~$100,000 to nothing. No need to go back all x years since you started living abroad or anything like that.

 

Edit: Having any qualified joint sponsor is sufficient. The doctor friend you mentioned previously is fine. Your father appears to be below the required income level.

Edited August 20, 2017 by geowrian