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DCF and Taxes

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Filed: Country: Canada
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hi there,

i am canadian and my fiancee is american. we live in japan. he hasnt done his taxes for 6 years because he didnt know he was supposed to. After reading the forums, it said that DCF is only available for american citizens who have properly done their taxes. We would ideally like to file for dcf in early January, and if he is handing in his taxes, do we have to wait til we have confirmation from the IRS that they received and accepted them? Can I go ahead and apply for dcf before those receipts come in? How long does that generally take?

this is totally stressing me out and i am getting really discouraged....sigh....

Visa journey is the best though....so many answers in this forum!

Any ideas/advice would be grealy appreciated!

Thanks!

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Filed: IR-1/CR-1 Visa Country: Canada
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Hi,

He probably only needs to file 3 years of back taxes, he should contact the IRS to verify. Technically, for the I-864 (affidavit of support) they say you can have the 1040 and supporting slips OR a transcript from the IRS, so either should suffice.

No, he probably won't have to wait to file DCF. The whole affidavit of support comes after your initial I-130 application anyway. So here is what you need to do:

- Have him file 3 years worth of taxes

- Keep a copy of the 1040 and any income slips that support the income amount he claimed on this tax returns

- I don't know how long it takes to get to the interview stage there - but if it is a few months he can request transcripts from the IRS

Have you got the long form version of your Canadian Birth Certificate (the one with your parent's names on it)? One other thing to think about now, you are going to have to produce police certificates (records of no conviction) from every country you have lived in for 12 months or more, or 6 months for your home country of Canada.

These police checks can take several months (3-4) - so that is something you need to get on now. Because you are not in Canada you need to have the full fingerprint version.

Police Records link

Outside Canada: Applicants who are not physically present in Canada must obtain a Certified Criminal Record Check by sending a duplicate set of fingerprints (taken by a local police force) to the RCMP. Fingerprint submissions must include the following:

rolled and flat impressions of all ten fingers taken with black ink (may use a standard FD-258 FBI fingerprint card)

full name, date of birth, and sex of the applicant

the name and address of the police agency taking the fingerprints

the signature of the official taking the fingerprints

the reason for the fingerprint submission (U.S. visa)

the processing fee of CAD 25.00 or USD 18.00, payable to the "Receiver General for Canada" by certified check or money order.

Fingerprint submissions should be sent to: RCMP, Civil Fingerprint Screening Services, P.O. Box 8885, Ottawa, ON, K1G 3M8. Additional information is available online.

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Filed: Country: Canada
Timeline
Hi,

He probably only needs to file 3 years of back taxes, he should contact the IRS to verify. Technically, for the I-864 (affidavit of support) they say you can have the 1040 and supporting slips OR a transcript from the IRS, so either should suffice.

No, he probably won't have to wait to file DCF. The whole affidavit of support comes after your initial I-130 application anyway. So here is what you need to do:

- Have him file 3 years worth of taxes

- Keep a copy of the 1040 and any income slips that support the income amount he claimed on this tax returns

- I don't know how long it takes to get to the interview stage there - but if it is a few months he can request transcripts from the IRS

Have you got the long form version of your Canadian Birth Certificate (the one with your parent's names on it)? One other thing to think about now, you are going to have to produce police certificates (records of no conviction) from every country you have lived in for 12 months or more, or 6 months for your home country of Canada.

These police checks can take several months (3-4) - so that is something you need to get on now. Because you are not in Canada you need to have the full fingerprint version.

Police Records link

Outside Canada: Applicants who are not physically present in Canada must obtain a Certified Criminal Record Check by sending a duplicate set of fingerprints (taken by a local police force) to the RCMP. Fingerprint submissions must include the following:

rolled and flat impressions of all ten fingers taken with black ink (may use a standard FD-258 FBI fingerprint card)

full name, date of birth, and sex of the applicant

the name and address of the police agency taking the fingerprints

the signature of the official taking the fingerprints

the reason for the fingerprint submission (U.S. visa)

the processing fee of CAD 25.00 or USD 18.00, payable to the "Receiver General for Canada" by certified check or money order.

Fingerprint submissions should be sent to: RCMP, Civil Fingerprint Screening Services, P.O. Box 8885, Ottawa, ON, K1G 3M8. Additional information is available online.

I am a little confused. Since I lived in Ireland for about 9 months, and i found on the web that is says:

Applicants are required to submit police certificate in all names as well as all dates of birth that they have used. Police certificate must contain references to each place in which the applicant lives or has lived for more than six months since reaching the age of 16, regardless of where he/she is officially registered. This includes localities where applicants have lived during university studies. If the applicant was on his military service, he should bring the certificate from the local draft board. If an applicant has lived abroad for more than one year a police certificate must also be submitted from the country in which he/she lived. Military records will be accepted only from local authorities and not from military commissions.

Does this mean that I DONT need a police record for Ireland since it was less than a year ? (but it was still over 6 months).

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

That's correct - lived in a different country for more than 12 months - you didn't live there for 12 months or more so you do not need the PC from Ireland.

The 6 months only applies to your country of nationality.

The official word is here:

http://travel.state.gov/visa/immigrants/in...195.html#police

That said, it's wise to check with the consulate in Tokyo to determine exactly what their requirements are.

Edited by trailmix
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Do you know that DCF is only available for married applicants?

DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

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Filed: AOS (apr) Country: Philippines
Timeline
Do you know that DCF is only available for married applicants?

DCF is ONLY available for petitions for spouses of a USC... The USC however MUST meet the foreign residency requirement in order to submit a petition at a consulate

Can I go ahead and apply for dcf before those receipts come in? How long does that generally take?

You as the alien DO NOT DCF... the DCF component relates to the USC's petition for determination of your eligibility to apply for an immigrant visa

YMMV

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