Can we file I130?

[Zakhana 0]

Hello everyone, this is my first time posting here. 

 

Me and my wife want to file the I130 later this year. Now, i did some research and some things are still pretty unclear for us. 

Let me just give you some background information on our situation. 

 

I am a US citizen who also has Dutch citizenship, currently residing on Aruba with my wife, who is also a Dutch citizen. I have lived here for most of my life and haven't lived in the States since i was 10, i am 26 years old now. I have never had a job in the United States either. There are a couple of issues we might be facing, let me address these. 

 

1) I have only had 3 jobs (None in the US) in my life as i have mostly been a student, i am currently finishing nursing school. My first job was a First-Aider/Emergency Medical Responder for an EMS company in the Netherlands. I worked here for about 2 years but not full time, just Pro re nata. (when necessary). Secondly, for a couple of months as a food delivery biker and lastly, i am currently working part time as a Vaccinator (2 weeks now). Will my lack of work experience (and lack of long term income) affect  my ability to sponsor my wife? From what i've read about, i can get a joint sponsor to help me, and i do have a couple of family in the U.S. who could help with this. 

 

2) Me and my wife both live abroad and will file I130 from abroad. I understand that later on in the process i will have to establish domicile in the United States. Is it really not possible to stay with my Wife on Aruba during the whole process? Can i not move to the States with her once everything is done and she gets the green light to move to the US? If this is not possible what can i do at the very least to prove to the US that i intend to move to the US with my Wife? (We would be moving in with family in the US while we get started on our new lives, finding jobs, an appartment etc) 

 

Thank you for taking your time to read this and i hope i can get some answers. 

 

 

 

[aaron2020 11,651]

You can file an I-130 for your spouse from abroad to start the immigration process.

Your problem is the I-864; in particular having filed US tax returns and domicile.

If you have family in the US that can be a Joint Sponsor for the I-864, you don't need to worry about not meeting the I-864 financial requirements yourself.  Your lack of work experience and long term income is not a problem as long as you have a qualified Joint Sponsor.

Be aware that US citizens are required to report their worldwide income on US tax returns even if nothing is earned in the US.  You will need to have filed US tax returns for the last 3 years or have a legal reason as to why you weren't required to file (such as a low income that did not require filing).  Being required to file US tax returns will not mean you owe any US taxes.  In fact, your low income means you may qualify for some COVID payments.  Not filing required US tax returns would be a barrier to your wife getting an immigrant visa.

Having not lived in the US since you were 10, you going to have to show a US domicile or the intent to establish a US domicile.  This will be US Embassy/Consulate specific.  The US Consulate in Canada is tough on this issue.  You will need to provide evidence that you've looked at getting a rental lease or applied for jobs.  You may have to travel to the US before your wife.  Separation is common with spousal visas.  It's not fun, but sometimes necessary and many of us had to endure separations for years.  You only have to endure it for a few months - establishing a domicile a few months before filing the I-864 until your wife's interview a few months later.

Edited April 21, 2021 by aaron2020

[Zakhana 0]

2 hours ago, aaron2020 said:

You can file an I-130 for your spouse from abroad to start the immigration process.

Your problem is the I-864; in particular having filed US tax returns and domicile.

If you have family in the US that can be a Joint Sponsor for the I-864, you don't need to worry about not meeting the I-864 financial requirements yourself.  Your lack of work experience and long term income is not a problem as long as you have a qualified Joint Sponsor.

Be aware that US citizens are required to report their worldwide income on US tax returns even if nothing is earned in the US.  You will need to have filed US tax returns for the last 3 years or have a legal reason as to why you weren't required to file (such as a low income that did not require filing).  Being required to file US tax returns will not mean you owe any US taxes.  In fact, your low income means you may qualify for some COVID payments.  Not filing required US tax returns would be a barrier to your wife getting an immigrant visa.

Having not lived in the US since you were 10, you going to have to show a US domicile or the intent to establish a US domicile.  This will be US Embassy/Consulate specific.  The US Consulate in Canada is tough on this issue.  You will need to provide evidence that you've looked at getting a rental lease or applied for jobs.  You may have to travel to the US before your wife.  Separation is common with spousal visas.  It's not fun, but sometimes necessary and many of us had to endure separations for years.  You only have to endure it for a few months - establishing a domicile a few months before filing the I-864 until your wife's interview a few months later.

OK. So I only need to file tax returns for the last 3 years? So no earlier than that? Also someone told me that I don't physically need to be in the US to establish domicile. That writing a letter stating I will move to the US at a certain address with my wife once she enters the US will suffice. What are your thoughts on that? Thank you for your informative reply. 

[aaron2020 11,651]

1 minute ago, Zakhana said:

OK. So I only need to file tax returns for the last 3 years? So no earlier than that? Also someone told me that I don't physically need to be in the US to establish domicile. That writing a letter stating I will move to the US at a certain address with my wife once she enters the US will suffice. What are your thoughts on that? Thank you for your informative reply. 

For the I-864, you only need to file US tax returns or have a valid reason as you why you were not required to file.  Under US tax laws, you should have been filing US tax returns for all the years where you had income.  It's unlikely that the IRS will come after you.  

 

As I've told you, domicile requirements will depend on which US Embassy/Consulate your wife will interview at.  A letter is unlikely to be enough.  You need to show some evidence that you are in the process to establish a US domicile by showing proof of inquiring about rental leases and applying for jobs.  

[JFH 12,190]

4 minutes ago, Zakhana said:

OK. So I only need to file tax returns for the last 3 years? So no earlier than that? Also someone told me that I don't physically need to be in the US to establish domicile. That writing a letter stating I will move to the US at a certain address with my wife once she enters the US will suffice. What are your thoughts on that? Thank you for your informative reply. 

Some embassies will accept very flimsy evidence of intention to establish domicile and others require a far more robust approach. 

[Zakhana 0]

1 hour ago, JFH said:

Some embassies will accept very flimsy evidence of intention to establish domicile and others require a far more robust approach. 

Our embassy being Bogota Colombia. As Aruba does not have a US embassy. Any idea what they are like?