About sponsorship

[Rogueabed 1]

Hi everyone,

So my wife and I have been married for over 2 and half years now, we have a son together, he's 18 months old, our i-130 approval is any day now(if the estimate to be believed), we applied on October 8 2023, I'm the beneficiary, my sponsor is obviously my wife, we lived in Jordan the entire time, since September 2022,

My wife was a freelance worker,home business, didn't pay taxes, never had a credit card, or any debt. 

I'm the main provider, but they don't consider me when they look at assets as far as I understand, in terms of domicile, we're planning on renting shortly after we go to the states, I have job lined up,

Now that the interview is on the horizon, what should we say?, I've been hearing alot conflicting reports, that we may get delayed or rejected entirely,

my wife doesn't have any assets, what she had she sold before moving to Jordan, she won't go back without me, but we need to go to the states, she wants to see her family, I want see them too, I applied for tourist visa, in 2023, before we applied for the i-130, but got rejected, once the interviewer found out I'm married to a us citizen, he apologized and rejected me, I found out later apparently it's an unspoken rule at the local embassy,

 

so we applied for an i-130, since it's the only way for me to get in the states, we didn't expect it to be so long, but it is what it is, and we want to settle in the states now.

 

Am I in trouble?, what should we do?

[Boiler 46,059]

Here is an I 864 completed by the Joint Sponsor.

[Rogueabed 1]

1 hour ago, Boiler said:

Here is an I 864 completed by the Joint Sponsor.

Thanks for replying,but I'm not seeing any file, I'm not really here alot😅

[Boiler 46,059]

1 hour ago, Rogueabed said:

 

what should we say?

 

Am I in trouble?, what should we do?

I was answering your questions.

[JeanneAdil 6,633]

the USC needs to file US tax returns 

she would file as M as she is not single

she can use form 2555 to exclude the income limits (see the amounts for each year worked outside the US

still she will need joint sponsor as her foreign income will not count for immigration

you need these tax returns for the NVC stage and interview

 

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-a

 

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. You are subject to tax on worldwide income from all sources and must report all taxable income and pay taxes according to the Internal Revenue Code.

[Rogueabed 1]

3 minutes ago, JeanneAdil said:

the USC needs to file US tax returns 

she would file as M as she is not single

she can use form 2555 to exclude the income limits (see the amounts for each year worked outside the US

still she will need joint sponsor as her foreign income will not count for immigration

you need these tax returns for the NVC stage and interview

 

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-a

 

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. You are subject to tax on worldwide income from all sources and must report all taxable income and pay taxes according to the Internal Revenue Code.

Thanks for clearing that, but our income is not taxable, and she doesn't work here, she was living with her mom in the states before we got married, and her business didn't make much to be considered taxable, does she need to file tax return? 

 

Would her mom be a good joint sponsor?

 

 

[OldUser 7,463]

4 minutes ago, Rogueabed said:

Thanks for clearing that, but our income is not taxable, and she doesn't work here, she was living with her mom in the states before we got married, and her business didn't make much to be considered taxable, does she need to file tax return? 

Yes, even people with 0 income can file taxes. Filing taxes and paying taxes is not the same.

[OldUser 7,463]

6 minutes ago, Rogueabed said:

Would her mom be a good joint sponsor?

If she has enough income for her household size + beneficiary

Edited 17 hours ago by OldUser

[JeanneAdil 6,633]

if she meets the requirements for CRBA she can apply for child's US citizenship (if u have not already done this)

If she does not meet the needs for CBRA , the child will need a visa (same process as yours)

 

the rules are found under the Immigration and Nationality Act

 

It used to be easy to find these sites and list them here but sorry now with this AI ,  google has messed that up

[JeanneAdil 6,633]

7 minutes ago, Rogueabed said:

Thanks for clearing that, but our income is not taxable, and she doesn't work here, she was living with her mom in the states before we got married, and her business didn't make much to be considered taxable, does she need to file tax return? 

 

Would her mom be a good joint sponsor?

 

 

Mom would be a good co sponsor / wife is still the main sponsor and needs to fill out the I 864

she also needs to prove US residency like a US bank account,  state ID or DL/ US passport does not prove US address

[Rogueabed 1]

8 minutes ago, JeanneAdil said:

if she meets the requirements for CRBA she can apply for child's US citizenship (if u have not already done this)

If she does not meet the needs for CBRA , the child will need a visa (same process as yours)

 

the rules are found under the Immigration and Nationality Act

 

It used to be easy to find these sites and list them here but sorry now with this AI ,  google has messed that up

Thanks, Our child is already a us citizen,we applied for that 2 weeks after he was born, and he got his passport and CRBA a month after.

 

Just to add, that was very fast and easy, and that's why we thought the whole i-130 would be too, hahaha 

Edited 17 hours ago by Rogueabed

[Rogueabed 1]

2 minutes ago, JeanneAdil said:

Mom would be a good co sponsor / wife is still the main sponsor and needs to fill out the I 864

she also needs to prove US residency like a US bank account,  state ID or DL/ US passport does not prove US address

She has a license, I don't think her bank account is active anymore, 

[PGA 258]

7 hours ago, Rogueabed said:

Hi everyone,

So my wife and I have been married for over 2 and half years now, we have a son together, he's 18 months old, our i-130 approval is any day now(if the estimate to be believed), we applied on October 8 2023, I'm the beneficiary, my sponsor is obviously my wife, we lived in Jordan the entire time, since September 2022,

My wife was a freelance worker,home business, didn't pay taxes, never had a credit card, or any debt. 

I'm the main provider, but they don't consider me when they look at assets as far as I understand, in terms of domicile, we're planning on renting shortly after we go to the states, I have job lined up,

Now that the interview is on the horizon, what should we say?, I've been hearing alot conflicting reports, that we may get delayed or rejected entirely,

my wife doesn't have any assets, what she had she sold before moving to Jordan, she won't go back without me, but we need to go to the states, she wants to see her family, I want see them too, I applied for tourist visa, in 2023, before we applied for the i-130, but got rejected, once the interviewer found out I'm married to a us citizen, he apologized and rejected me, I found out later apparently it's an unspoken rule at the local embassy,

 

so we applied for an i-130, since it's the only way for me to get in the states, we didn't expect it to be so long, but it is what it is, and we want to settle in the states now.

 

Am I in trouble?, what should we do?

First things first and it seems you guys have quite a bit of work to do.

- She needs to file taxes for at least the last 3 years; she can file Married filing separate with you as NRA

- Maybe I missed it but I didn't see too much about about income. Does her income come from the US and will it continue once you relocate? Most importantly, does she have enough to meet the limits to sponsor 3? It sounds like you may definitely need a joint sponsor. 

- I would start establishing residence using mom's address (if mom approves), even if just "temporary." 

- Investigate whether or not she has that bank account still and see if it's been officially closed of if it's just dormant, if dormant I would try to make it active again with a deposit and make sure the address on the account reflects her mom's address.  

 

This is just a start and I'm sure I missed a few things and of course others may have better suggestions. In any case, good luck. 

[Ryan H 3,832]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,102]

What I would add at this stage, is that if the wife's income was below the tax filing threshold, she does not need to file any tax returns.  No is the time for you both to forget about what you read elsewhere and become A-Students of the I-864, and it's separate instructions.  Sounds like Mom needs to be the joint sponsor.  Petitioner is going to need to provide some kind of evidence, not that they currently live in the USA, but that they have taken actions to show their clear intent to re-establish US Domicile.  One would think that filing the I-130 petition would be evidence enough, but it isn't.