SB1 Visa

[Child of the Sun1 0]

                                         I am posting this as a continuation from the 1st post about my friend's situation with her SB1 Visa. Right now she was able to speak to a CPA and a person who can help her with taxes.

According to her this CPA told her she needs to file her taxes  from her w2 for the yr 2015 regardless if she only worked for 3 months. She is actually trying to contact her employer at the moment. She asked why

cant she just request a copy of the w2 form from the IRS the CPA said that IRS is apparently close at the moment due the pandemic. Nobody can process her request for her w2 form. The CPA also suggested 

to do it quickly on or before July 15. Otherwise what ever refund that she supposed to get (If there is some) will just go directly to the national treasury.  If ever all efforts has been exhausted then the CPA will write 

a letter explaining the situation if the officer is willing to understand. According to my friend the CPA explained to her that she doesn't need to file any taxes after 2015 if she didnt work at all and that she has no property nor Income in the states. So now here is the question, she supports her child back in the states, she's been gone for 4 yrs taking care of her father,  lets assumed she was able to file her taxes, she has a copy of her round trip 

ticket and a medcert from the doctor who diagnosed her father with a COPD and recommend in the letter to have  a care giver ( not certified ) who will take care of her father. Now, what are the chances her sb1 visa to get approved? Is this worth to try or just forget about it move on because she will just end up declined

[Dashinka 24,494]

I think the important advice from the CPA is she doesn’t need to file taxes beyond 2015 if she did not work at all.  If she did anything while outside of the US to earn income it must be reported even if there are no taxes due which appears to be what the CPA suggested especially since your friend is pursuing a path to prove they did not intend to abandon US Residency. As to her chances of getting an SB1, if she can satisfy all the requirements of that visa, I would think she may have a chance.

[Child of the Sun1 0]

@Dashinka I would like to confirm on something. I heard from a different CPA that if you had an Income outside the US  (ex: you worked outside the country of the US)  you need to earn at least $18k for your annual Income. Otherwise,  you don't really have to declare it especially if you are not bringing that money back in the US. But according from this CPA, the rule of thumb you need to earn at least $18k if you made below that, no need to declare it. He said that was based on the Income tax law. Any comments on that?

 

[Child of the Sun1 0]

I also read this comment in this forum but different case. " The illness and care of a parent does not meet this requirement " Is this statement true that you cant use this as a valid reason

why you stayed too long outside the US?  If this is true, this is just pure Inhumane in my point of view

[Dashinka 24,494]

6 minutes ago, Child of the Sun1 said:

@Dashinka I would like to confirm on something. I heard from a different CPA that if you had an Income outside the US  (ex: you worked outside the country of the US)  you need to earn at least $18k for your annual Income. Otherwise,  you don't really have to declare it especially if you are not bringing that money back in the US. But according from this CPA, the rule of thumb you need to earn at least $18k if you made below that, no need to declare it. He said that was based on the Income tax law. Any comments on that?

 

That very well may be the case, and if the CPA is knowledgeable in US tax law, I would defer to their expertise.  If this is the case, then your friend will need to write up something explaining why she was not required to file taxes for those years, and I assume the CPA would be able to do that for her. 

 

Good Luck!  

[Child of the Sun1 0]

@DashinkaThank you for your advice but have you also heard or knew about The illness and care of a parent does not meet this requirement for applying sb1? Is this true you cant really use this reason?

[Lil bear 4,201]

3 hours ago, Child of the Sun1 said:

In your previous  thread you stated this person had been overseas for 6-7 years .. now it “ say” 4 years .. Which is correct ? 
As indicated in responses to your previous thread , providing adequate evidence that she has not abandoned her US residency will be a challenge. Back filing taxes won’t make that easier.. it is a necessary requirement. 

[Dashinka 24,494]

1 hour ago, Child of the Sun1 said:

@DashinkaThank you for your advice but have you also heard or knew about The illness and care of a parent does not meet this requirement for applying sb1? Is this true you cant really use this reason?

I have no idea as I am not a CO, but it seems that something like this would not be out of the immigrants control especially with all the avenues available for an LPR to maintain status in the event of a protracted stay outside of the US.

[Child of the Sun1 0]

@Dashinka My friend spoke to the customer service of the US embassy in Manila and they said to my friend that she is not alone on this kind of case where she left US

due to some unforseen circumstances in which Involves taking care of her parent. but they didnt disclose whether those people were able to have their sb1 visa's approved

either. 

 

[Child of the Sun1 0]

@Lil bear What can be considered as an acceptable evidence? I mean she said she has a medcert with the details of her father's illness (COPD) and also medical abstract

(If needed) when he was confined for twice in 2 consecutive years.She has round trip ticket, she has her son's ssn but she doesnt have the birth certificate because again she

wasnt supposed to stay that long. Will this be enough or she needs to produce more? what additional evidence that she needs to produce?

 

[TBoneTX 45,288]

As in your other thread, she won't and can't know without trying.

Any further input by us here is simply conjecture.

She must try, period.

[Child of the Sun1 0]

I heard that LPR who is been outside the country is not allowed to work because he/she may loose their Greencard. But my question is how can this person support or even afford to survive and pay the fees for applying the SB1 visa if this person is only relying itself?

 

[Dashinka 24,494]

1 hour ago, Child of the Sun1 said:

I heard that LPR who is been outside the country is not allowed to work because he/she may loose their Greencard. But my question is how can this person support or even afford to survive and pay the fees for applying the SB1 visa if this person is only relying itself?

 

If it is determined that an LPR has essentially abandoned their GC or are using it sort of as a glorified visitor visa, it may cause problems.  Leaving the US with almost no essential ties, and taking up employment may look like that to a CO.

[Child of the Sun1 0]

@Dashinka I agree, based on the case of my friend she said  she didn't work right away. It took her 2 yrs before she applied for a call center job in the Philippines so she can support her self and help her father financially.  She was having 2nd thought of working outside the US but again if she didnt work she wouldn't be able tp afford paying the fees and helping her self and her family to survive. 

 

[Boiler 45,499]

Begs the question how she can work if the reason for her not returning to the US is the need to care for her Parent?