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By gk530 in IR-1 / CR-1 Spouse Visa Process & Procedures

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gk530 Rookie

gk530   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

So I am I petitioning my Indian husband who is working in the Philippines. We got the interview location in Manila. We are at nvc stage, I’ve been staying with him here since we were married in 2016 so I haven’t filed taxes since then we also have a baby boy together. I went back to the states so my son is already an us citizen. Is my husband at risk of being denied visa because of my income issue?? We will have a strong co sponser. I’m just worried they will mark him as public charge.

!! 

 

SalishSea Grand Master

SalishSea   18,060

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
50 minutes ago, gk530 said:

So I am I petitioning my Indian husband who is working in the Philippines. We got the interview location in Manila. We are at nvc stage, I’ve been staying with him here since we were married in 2016 so I haven’t filed taxes since then we also have a baby boy together. I went back to the states so my son is already an us citizen. Is my husband at risk of being denied visa because of my income issue?? We will have a strong co sponser. I’m just worried they will mark him as public charge.

!! 

 

You are the primary sponsor, and as such you need to become up to date on filing your US taxes.  USCs living abroad are required to file US taxes, as evidenced by the page in your passport which explains that.

 

The public charge issue is evaluated as a totality of financial circumstances.  Another thing for you to consider is the subject of domicile.  I am not sure how Manila is about domicile, but I'm sure the many MNL experts at VJ can advise.

 

Good luck.

Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

@Jorgedig is exactly right. We sailed through in Manila, via DCF, and the only question had to do with domicile - Meaning you have to establish that you have continued to maintain a residence in the US or you must demonstrate to their satisfaction that you will re-domicile in the US. They asked quite a few questions about domicile, like how and where did we last vote, etc.

And you must file taxes, even if living abroad, or have a satisfactory explanation as to why you are not required to do so.

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Domicile - You must satisfactorily demonstrate that you reside in the US. It is not enough to own property there. It must be where you reside.

If you do not, you must demonstrate to the Embassy's satisfaction that you have plans and intention to be/re-domicile in the US.

 

(Got busy and took too long to edit the above comment)

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

gk530 Rookie

gk530   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted
8 hours ago, Jorgedig said:

You are the primary sponsor, and as such you need to become up to date on filing your US taxes.  USCs living abroad are required to file US taxes, as evidenced by the page in your passport which explains that.

 

The public charge issue is evaluated as a totality of financial circumstances.  Another thing for you to consider is the subject of domicile.  I am not sure how Manila is about domicile, but I'm sure the many MNL experts at VJ can advise.

 

Good luck.

I actually haven’t worked due to my son being premature. So I wasn’t required to file taxes since I didn’t work. My husband was the only one working here in the Philippines.

gk530 Rookie

gk530   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted
8 hours ago, Suze1 said:

@Jorgedig is exactly right. We sailed through in Manila, via DCF, and the only question had to do with domicile - Meaning you have to establish that you have continued to maintain a residence in the US or you must demonstrate to their satisfaction that you will re-domicile in the US. They asked quite a few questions about domicile, like how and where did we last vote, etc.

And you must file taxes, even if living abroad, or have a satisfactory explanation as to why you are not required to do so.

Yes I was told about domicile. I have a car loan that I have been paying for last 3 years. I also have a registration card but i didn’t vote. But I’m actually gonna be coming back to the states in July. So by the time he has his interview i will have a steady job  and our own place. But I’m really nervous if they will accept that. Or look at that as domicile. We have a child together as I mentioned is that something they also look at? 

gk530 Rookie

gk530   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted
8 hours ago, Suze1 said:

Domicile - You must satisfactorily demonstrate that you reside in the US. It is not enough to own property there. It must be where you reside.

If you do not, you must demonstrate to the Embassy's satisfaction that you have plans and intention to be/re-domicile in the US.

 

(Got busy and took too long to edit the above comment)

How can I show I want to re domicile? 

gk530 Rookie

gk530   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted
1 minute ago, wd250g said:

At the NVC stage, will the calculation of the rental contract in the United States be uploaded?

What calculation of the rental contract? I’m sorry I didn’t understand. 

gk530 Rookie

gk530   1

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted
51 minutes ago, wd250g said:

the apartment rental contract.
I have the same problem as you. (about the proof of moving back to the United States)

I’m going to try to but if I can’t I will send a copy with my husband to the interview. I wonder if we can upload documents after being DQ’d. What stage are u at? 

wd250g Explorer

wd250g   3

Posted
Filed: IR-1/CR-1 Visa Country: Taiwan
 Timeline
Posted
Just now, gk530 said:

I’m going to try to but if I can’t I will send a copy with my husband to the interview. I wonder if we can upload documents after being DQ’d. What stage are u at? 

Still in NOA1, waiting for USCIS to issue NOA2...

wd250g Explorer

wd250g   3

Posted
Filed: IR-1/CR-1 Visa Country: Taiwan
 Timeline
Posted (edited)
5 minutes ago, gk530 said:

What’s the category? Lpr or us citizen? Ours took about 7-8 months to get approved at USCIS 

US citizen.
I am NOA1 in January 2020. I have watched a lot of February 2020 have reached the NOA2 stage,
so now I can only wait for USCIS to receive the Federal government salary, and then look at my NOA2 good luck@_@

Edited by wd250g
 
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