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Duchess Tea

Filing before or after flight?

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Filed: Other Country: China
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The elephant in the room is how long you overstayed in the US.  Please provide dates.  

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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9 minutes ago, pushbrk said:

The elephant in the room is how long you overstayed in the US.  Please provide dates.  

Addressed before 

 

7 hours ago, Duchess Tea said:

 

 

I'm not aware of a bar for an overstay in the us as it was less than 160 days. (I left 112 days after my ESTA expired)

 

Edited by SusieQQQ
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7 hours ago, aaron2020 said:

VisaJourney has Guides that are very useful.  Read and become familiar with them.  

It will take 1-2 years for you to immigrate to the US.  

Technically USCIS can request bios from the petitioner, but that only happens in cases of getting flagged under the Adam Walsh Act, so basically if the petitioner happens to have the same name and DOB as a convicted pedophile.

Contradictions without citations only make you look dumb.

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Filed: Citizen (apr) Country: England
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On 9/21/2021 at 10:53 AM, Duchess Tea said:

I've had a read of the guides and understand it alot better now. It does state he needs 3 years of tax returns, but has been in the UK with no income since July 2018, so hasn't filed any taxes since February 2018, but we have a joint sponsor who has filed 3 years worth of taxes and earns enough to be a sponsor. Would no filing of taxes cause an issue?

He files an I-130 petition. No financial proof is in this step.

When that is approved and the case moves on to the NVC, you provide a visa application, documents, and he provides the affidavit of support (Form I-864). 

The law requires a tax return with the I-864 and the form has spaces for filling “total income” from three years of returns. BUT if he wasn’t employed while in the UK and earned no income, the form instructions say to provide a statement why he was not legally required to file a return. Submit the signed statement in place of a tax return.  I was not employed in tax years 2019, 2020, 2021 and earned $0.00 income so was not required by the IRS to file a tax return is an acceptable statement. (You would use the three most recent tax years when you get to that point of submitting the I-864. I’m guessing it will be 2022 when you get there for my example.)

 

His approval as your only sponsor on the I-864 depends on his current income when he submits the affidavit of support. He does not have to show enough on last year’s tax return if he can show current proof that he earns enough. That could be an employer letter stating his employment and salary,  and six months of pay stubs showing his gross earnings. Currently the threshold is $21,775 for just 2 of you. If his new job in the US falls short of that, he can get a joint sponsor who also fills out an affidavit of support and proves his income is sufficient. 

 

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