NVC processing for a US citizen who just moved back

[N & M 5]

My case is a bit peculiar and I need some guidance and feedback from you guys. I am a US citizen who has been overseas for the past 20 years. I am married and have a kid and my wife & kid are not US citizens. I filed I-130s for both of them and they got approved and are with the NVC. I have received the welcome letters for both from the NVC.

 

Now here is what I need some feedback on. I was born in '86 and moved away from the US with my parents in '95. I have been working since '09 but all outside the US. I came to the US for 2 weeks in '11. Now I am in the US, I moved back 1 month ago and I have a job. The job meets all of the requirements for financial support. BUT I don't have a w2 and an IRS transcript (naturally because I haven't been back for enough time).

 

How should I fill out the I864?

 

I understand that I can provide my employment offer letter and my pay-stubs and I can write a letter explaining this situation to the NVC. What else can I do to make sure that there is no processing delay (RFEs etc) with the NVC?

 

Thanks.

[Coco8 1,042]

35 minutes ago, newton said:

I understand that I can provide my employment offer letter and my pay-stubs.

Yes, this works and has worked for people. I doubt you will have a problem.

 

There is not much you can do to avoid delays. You have established domicile and have a job. 

 

Currently, there have been delays due to background checks that are taking longer, but that depends much on the country your family is from. There is nothing you can do about that.

 

 

[sparkles_ 456]

Correct me if I am wrong, but shouldn't your child be able to become a citizen because you yourself are one?

 

 

Edited August 9, 2017 by sparkles_

[EG&XY 144]

1 hour ago, newton said:

The job meets all of the requirements for financial support. BUT I don't have a w2 and an IRS transcript (naturally because I haven't been back for enough time).

Do you just not have the W2 and tax related documents from this job? Or do you not have any tax documents at all? Did you file taxes while you were not living in the US?

 

If it is just that you don't have documents relating to the new job, that probably won't be a big issue. If you have not been filing taxes at all, then that will be a bigger issue that you need to get corrected now.

[Redheadguy03 505]

21 minutes ago, sparkles_ said:

Correct me if I am wrong, but shouldn't your child be able to become a citizen because you yourself are one?

 

 

I believe so, but you have to have lived in the United States for so long before and I believe you only have so long to do it after the birth. (definitely not 100 percent sure though) 

[sparkles_ 456]

Just now, Redheadguy03 said:

I believe so, but you have to have lived in the United States for so long before and I believe you only have so long to do it after the birth. (definitely not 100 percent sure though) 

I think it is 5yr after age 16 or 18 of living in the states. I am about 90% sure that it just has to be done before the child hits USA adult age. OP should def check it out either way!

[N & M 5]

15 minutes ago, EG&XY said:

Do you just not have the W2 and tax related documents from this job? Or do you not have any tax documents at all? Did you file taxes while you were not living in the US?

 

If it is just that you don't have documents relating to the new job, that probably won't be a big issue. If you have not been filing taxes at all, then that will be a bigger issue that you need to get corrected now.

The W2 would be available in January not before that. I have all tax related documentation from my job in the US, everything is mentioned on the pay-stubs. My concern is that since the W2 isn't available right now and I don't have and IRS transcript, which I can explain in a letter, would there be any issue?

 

I was paying taxes in other countries, but since I was not in the US for 20 years I didn't meet the physical presence requirement to file taxes neither was my income more than the overseas income threshold.

 

21 minutes ago, sparkles_ said:

Correct me if I am wrong, but shouldn't your child be able to become a citizen because you yourself are one?

 

 

That would be correct if I had been in the US for 2 years after turning 14.

[N & M 5]

2 minutes ago, sparkles_ said:

I think it is 5yr after age 16 or 18 of living in the states. I am about 90% sure that it just has to be done before the child hits USA adult age. OP should def check it out either way!

Yes 5 years in total, 2 of which should be after 14 years of age.

[sparkles_ 456]

4 minutes ago, newton said:

Yes 5 years in total, 2 of which should be after 14 years of age.

Ah, got you. Your employer letter, pay stub and a cover letter explaining should do the trick. As someone else said, it isn't the i864 stuff that holds anyone up really (RFE for those, if you got one, have a 30 or 90 day response time), it is the backgrounds because they have no time limit at all to be finished, they are done when they are done.

[N & M 5]

1 minute ago, sparkles_ said:

Ah, got you. Your employer letter, pay stub and a cover letter explaining should do the trick. As someone else said, it isn't the i864 stuff that holds anyone up really (RFE for those, if you got one, have a 30 or 90 day response time), it is the backgrounds because they have no time limit at all to be finished, they are done when they are done.

got it. thanks guys.appreciate your inputs.

[sparkles_ 456]

6 minutes ago, newton said:

got it. thanks guys.appreciate your inputs.

No prob. You can also get letters of non filing from the IRS for the years you were away. You request them like a transcript, just in case you need to show proof you didn't file US taxes. Again, no concept of how foreign income works at all tax wise (if its a non issue) or on the i864 form itself where it ask for the annual income over the last 3yr, just giving you a heads up that you can get that if needed to show.

Edited August 9, 2017 by sparkles_

[Jeanne Adil 1,651]

 

RFE may ask for DNA as proof

i know there is a process that you should have filed to make them citizens while in foreign country

this would be eaisest way as other is to file I 130 for children and RFE for asking who father is and asking for a paper to allow them to immigrate

BTW Did you file the necessary paperwork when in foreign country to get the waiver for not paying US taxes

it is well over $100000 for foreign income waiver

 If you live and work abroad, you may be able to claim the foreign earned income exclusion. If you qualify, you won’t pay tax on up to $100,800 of your wages and other foreign earned income in 2015. See Form 2555, Foreign Earned Income, or Form 2555-EZ, Foreign Earned Income Exclusion, for more details.

you still should have filed and been exempt 

Edited August 9, 2017 by adil-rafa
tax question