Gabriel5454

A US passport suffices as conclusive proof of citizenship. However keep in mind that passports expire, unlike the Certificate of Citizenship that USCIS issues (after filing the N-600) or a CRBA with the embassy. If your children are under 18 they can still acquire a CRBA. I believe your spouse does not have to be present at the interview if he signs a particular affidavit. Regarding ESTA, technically they should never have been issued ESTAs, because US citizens are not eligible for ESTAs or US visas. As long as they have evidence of their US citizenship ICE will not present an issue.

Regarding two, your father does not need an ITIN/SSN for your mother to file taxes as MFS. See here for more info. In particular it says: Note that if she does choose MFS then she may more in taxes. In our case it was the difference of a few thousand, it may be more or less in your case, but for almost everyone MFJ will save money. The IRS requirements for certified copies are very strict. My spouse had to go to the US Embassy to make a certified copy there. This would be done by the notarial division there. The process was fairly straightforward and cost $50. Only issue is the inconvenience of having to travel if the embassy is far away. Then your mother would send this certified copy, the application for ITIN, and your mother's tax returns to the IRS in one file. First they will process the ITIN application, then her tax return. It may take a very long time (think months) but it will get done. Also, since your father is not a permanent resident, your mother will have to also attach a brief letter stating that her spouse is not a resident for taxes purposes but wishes to be treated as such. Without this election she technically cannot file in the MFJ status. For more information see here. Also the W7 instructions are here. Note that full packet (return + W7 + certified copy of passport) must be sent to the ITIN office and not the usual address that returns are sent to (see the instructions for the full details). Note, I think this reflects a misunderstanding in your original post, the ITIN application (W7) is filed together with the return, because he cannot apply for an ITIN without a reason (the reason in this case being he is married to an LPR who is filing a joint return). Hope that helps!

I've started to repeat myself so I will tune out of this thread. Feel free to look into an accountant if this is too much to handle. I will say however that the IRS is actually very helpful if you need to consult with them (though you may have to wait a while to reach someone on the phone). Other common things to look into are FBAR (if you have substantial assets in international accounts) and FEIE (Foreign Earned Income Exclusion) which applies if your spouse has any international income. In most cases, you do not have to pay any income taxes on it if it is less than a certain amount (approximately $100,000). Good luck and cheers.

Everything you said in this post is correct. However, you are missing a crucial part. Again, I refer you to this page. Again I will quote: As far as I am aware it is not possible to attach such a statement to an electronically filed return. At least I was not able to do so.

You are getting a lot of incorrect information in this thread. First, read this link to determine if your husband is already considered a resident for tax purposes. Since you said he does not have a green card, then he must satisfy the substantial presence test, otherwise he is most likely a non-resident for tax purposes. Next, carefully read this page. On that page is another link to a page which explains how to make the election to treat your spouse as a resident for tax purposes. It says very clearly how to make this choice: The fact that your husband has a social security number does not imply that he is a resident for tax purposes. The fact that he has applied for permanent residency also does not imply this. You need to make the election. (I am not an accountant, feel free to do your own research too!).

According to this source they do not need a transit visa as long as their green card is valid.

It would only be fraud if the person sponsoring multiple immigrants lied about it on the forms, no? One person can sponsor multiple (unrelated) immigrants, but as I recall the forms ask have you ever sponsored another immigrant before, in which case you must answer yes and give their information. I dwell on this point because I am surprised people rush to the conclusion that this practice is illegal or immoral in some way. The I-864 is essentially a way for the US government to protect itself from financial liability by making the petitioner (and joint sponsor) responsible in case the immigrant becomes financially dependent on the government. If someone wants to sign such a form and take this responsibility, who is to say it is wrong?

As far as I am aware (I am not a lawyer) the law does not specify that any prior relationship exist between you (the petitioner) and the joint sponsor, nor does it prohibit providing incentives to someone to sign the contract. I'm happy to be proven wrong on this point with specific evidence to the contrary. However as others have pointed out correctly, if you are considering SSDI it may be very important to consider your financial situation realistically and whether you will be able to support someone financially, who may need time to adjust or not be able (or willing) to work.