I-130 processing times - USC or LPR?

[Disfan01 9]

I’m getting ready to file the I-130 to bring my stepson to the US to live with my husband and I. Am I missing something in the estimated processing times on the USCIS site?  I am the USC and thought my filing the I-130 would result in a shorter processing time, but it appears on the website that permanent residents filing for minor children is a shorter wait.  Is there any other benefit to my being the filer that I am not aware of?  My mom is going to have to co-sponsor with us, simply because we haven’t been here long enough to have the tax filing history for the paperwork. I was previously living abroad with my husband for 5 years and we have only been in the states since February of this year. We are both gainfully employed but as I said, don’t yet have 2 years of tax returns. 

[mushroomspore 3,044]

26 minutes ago, Disfan01 said:

I’m getting ready to file the I-130 to bring my stepson to the US to live with my husband and I. Am I missing something in the estimated processing times on the USCIS site?  I am the USC and thought my filing the I-130 would result in a shorter processing time, but it appears on the website that permanent residents filing for minor children is a shorter wait.  Is there any other benefit to my being the filer that I am not aware of?  My mom is going to have to co-sponsor with us, simply because we haven’t been here long enough to have the tax filing history for the paperwork. I was previously living abroad with my husband for 5 years and we have only been in the states since February of this year. We are both gainfully employed but as I said, don’t yet have 2 years of tax returns. 

USC's are actually supposed to file taxes even if abroad. You can ask your accountant or tax specialist to file for those years too and submit those. And I don't have exact statistics but USC petitions definitely outnumber LPR petitions. I believe most LPR petitions also have to wait until their priority date becomes current before the petition can be processed. Basically, LPR petitions need to wait until they're told their petition can be added to the "line". Only after that do they get added and then they have to wait for processing to be complete. Compare this to USC petitions, where priority dates are automatically available and get immediately added to the "line".

 

Ultimately, it just is what it is. Obviously if you are LPR, you cannot file any USC petitions. If you are USC, you cannot file LPR petitions.

Edited November 19, 2020 by mushroomspore

[Disfan01 9]

1 minute ago, mushroomspore said:

USC's are actually supposed to file taxes even if abroad. You can ask your accountant or tax specialist to file for those years too and submit those. And I don't have exact statistics but USC petitions definitely outnumber LPR petitions. I believe most LPR petitions also have to wait until their priority date becomes current before the petition can be processed. Basically, LPR petitions need to wait until they're told their petition can be added to the "line". Only after that do they get added and then they have to wait for processing to be complete. Compare this to USC petitions, where priority dates are automatically available and get immediately added to the "line".

I was not working during the time I was abroad, so I didn’t think I needed to file taxes for that time. 

[mushroomspore 3,044]

1 minute ago, Disfan01 said:

I was not working during the time I was abroad, so I didn’t think I needed to file taxes for that time. 

Nope, USC's must file taxes, even if unemployed while living inside the US and even if unemployed while living abroad.

[Disfan01 9]

1 minute ago, mushroomspore said:

Nope, USC's must file taxes, even if unemployed while living inside the US and even if unemployed while living abroad.

 

1 minute ago, mushroomspore said:

Nope, USC's must file taxes, even if unemployed while living inside the US and even if unemployed while living abroad.

Wow.  I’m surprised it wasn’t an issue when I filed the paperwork for my husband. I guess I must have just gotten lucky.  I was told my my mom’s tax preparer that it wasn’t necessary to file if a person made below a certain amount and that I didn’t need to report my husbands income since he was not a USC or LPR at that time. Granted...he’s not the most...um...professional CPA. 

[aaron2020 11,651]

27 minutes ago, mushroomspore said:

Nope, USC's must file taxes, even if unemployed while living inside the US and even if unemployed while living abroad.

You're wrong.

[mushroomspore 3,044]

7 minutes ago, Disfan01 said:

 

Wow.  I’m surprised it wasn’t an issue when I filed the paperwork for my husband. I guess I must have just gotten lucky.  I was told my my mom’s tax preparer that it wasn’t necessary to file if a person made below a certain amount and that I didn’t need to report my husbands income since he was not a USC or LPR at that time. Granted...he’s not the most...um...professional CPA. 

Yeah, unfortunately, the issue is that most tax people know how to do the numbers but they're not really trained on immigration matters. So when the two topics cross over, tax people are known to not always give out the most up-to-date or most knowledgeable advice. Non-resident aliens (anyone who is living in the US but is not an LPR or USC) should also file taxes but they need an ITIN or SSN. 

[aaron2020 11,651]

20 minutes ago, Disfan01 said:

 

Wow.  I’m surprised it wasn’t an issue when I filed the paperwork for my husband. I guess I must have just gotten lucky.  I was told my my mom’s tax preparer that it wasn’t necessary to file if a person made below a certain amount and that I didn’t need to report my husbands income since he was not a USC or LPR at that time. Granted...he’s not the most...um...professional CPA. 

You're correct.  If you had no income or it was below the amount requiring you to file, then you don't need to file.  

[mushroomspore 3,044]

Just now, aaron2020 said:

You're wrong.

Really? So if USC is unemployed AND abroad, no taxes must be filed? I've seen so many threads of abroad-USC's who are told by VJ members that the abroad-USC must file taxes.

[aaron2020 11,651]

1 minute ago, mushroomspore said:

Really? So if USC is unemployed AND abroad, no taxes must be filed? I've seen so many threads of abroad-USC's who are told by VJ members that the abroad-USC must file taxes.

If a person has no income or makes below the amount required to file, then that person does not need to file.

Read the I-864 instructions.  See where it allows a person to make a statement as to why they were not required to file tax returns.

Edited November 19, 2020 by aaron2020

[SteveInBostonI130 3,434]

Also,

 

I-864 only requires last year's tax return.  The other 2 years are optional.  You do have to state "Yes" or "No" that you filed 3 years of tax returns, but as @aaron2020 stated you can mark "No" and explain why you did not file years 2 and 3 (by the time your I-130 gets to the NVC stage, you would have filed 2020 taxes).

 

 

 

[SusieQQQ 11,586]

On tax, confirming direct from IRS that filing requirements depend on income. If you wouldn’t need to file within the US becasue of income, you don’t need to file if outside for that same reason.

 

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-filing-requirements

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

[Calicolom 266]

2 hours ago, mushroomspore said:

Nope, USC's must file taxes, even if unemployed while living inside the US and even if unemployed while living abroad.

I told my stepson to file a Tax Return, even If it has 0 dollars. and keep a copy for the rest of his life. I do.

[SusieQQQ 11,586]

20 minutes ago, Calicolom said:

I told my stepson to file a Tax Return, even If it has 0 dollars. and keep a copy for the rest of his life. I do.

I filed during my first year of being an LPR, for all 5 days of it, because I didn’t want there to be any questions about maintaining residence after what I knew was going to be a good number of months after that out the US. However, I don’t understand why a USC earning what is clearly under the filing guidelines would file and keep it forever. Can you explain the reasoning?

 

 

Edited November 19, 2020 by SusieQQQ

[Loren Y 2,755]

10 hours ago, mushroomspore said:

Nope, USC's must file taxes, even if unemployed while living inside the US and even if unemployed while living abroad.

USC is supposed to file taxes. Why some don't, it is strongly recommend that you do, even with zero income. You won't have to pay taxes, unless you make over around 106,000 dollars anyway, but you should always file. Until you renounce your citizenship at a embassy ( they have a form to do it, but don't until you are a citizen of another county) you are supposed to file taxes.