Stuck for financial part during DCF journey for IR-1 visa

[Jane1976 0]

Dear VJ community, here is my situation:

1. I'm USC, was born in the US, but live in Russia as of 3 years old

2. My husband (he is from Ukraine) and I got I-130 recently approved via DCF process, but I'm stuck with further steps

3. My husband got an offer for a job in the US

4. His future employer agreed to be a joint sponsor for AOS package

5. I don't have any income in the US and in Russia and never did any tax returns

6. My husband and I decided to move to the US and we have and place to live there (with an employer help)

Can anyone advise what should be filled out for AOS package?

I've read I need to prove domicile. Another doubt I have what documents should his employer provide as a joint sponsor?

A little lost. Will appreciate greatly if you can help me out.

[nightingalejules 678]

The AOS to which you refer is the Affidavit of Support, right? 

1. You may have some trouble with this - I thought that in order to sponsor someone you had to have spent time in the US as an adult - but I could be wrong, I suppose.

2. You will receive further information (and forms and fees to pay) in the next stage of the process... the I-130 basically establishes that you have permission to file for an IR1 visa. Now you have to actually apply for the visa. Read up on this thread, as you'll probably find most of what you need:

3-6. Basically, to file that paperwork you will need to fill out the I-864 as primary sponsor (even though you have insufficient income, you are technically the primary sponsor.) Your husband's employer will also fill out the I-864 as joint sponsor. You may need to "get right" with the IRS by doing a "streamlined filing" to catch up with all the tax returns you theoretically should have been filing all along. This should be fairly easy if you've never had any income, but I don't know how to do that from Russia.

 

As far as proving domicile, your husband's prospective employer has provided you with a place to stay. That and your updated tax record should go a long way to proving that you're making a "good faith effort" to reestablish domicile. There are lots of topics about this on the VisaJourney forums as well.

 

Good luck!

 

 

[Mr_B 3]

^^^ This

 

Even if your husband's employer in the US agrees to co-sponsor, you will still need to file an I-864 yourself too. This means there is no way around the tax return (or better: lack thereof) issue.

 

My advice is also that you contact an experienced expat CPA as soon as possible to do above mentioned streamlined filing.

This means you will file the last 3 years in taxes and the last 6 years in FBARs (i.e. bank balances). 

The procedure exists for people like you who didn't realise Americans always have to file taxes, no matter where they live. If the CPA does a good job there should not be any penalty, so don't worry. Do be prepared to lose at least a month with this and again, don't waste any time, CPAs are busy this time of year.

 

Usually it's the USC who gets a job in the US which conveniently then also proves the intent to re-establish domicile, but in your case you will also need to prove that you will migrate to the US before, or at the latest at the same time as your husband. So it would be good to start opening a bank account, looking for a place to rent in the US etc. etc.

 

Good luck!

 

Edited March 3, 2018 by Mr_B