iwannaplay54

Input: If you want to see your parents in the US in the next few years they need to stay put until their I131 is approved. This is processed and valid before the I130/I485 is approved.

Are you addressed to a physical location in the US?

Nothing silly about this thread bro

<grin> we were out 4 years and three years after returning they didnt mention abandoned residency. “Rule of law” is fluid and after 15 years of marriage and 8 of those outside the country our citizenship app went through without a hitch. You have another document to cross-reference with your taxes and that is your personal social security earnings. These are yours not his and the statement covers your entire lifetime, year by year. https://www.ssa.gov/myaccount/?gclid=EAIaIQobChMImOb90rf3_AIVFhXUAR0cLQ2CEAAYASAAEgL16PD_BwE Create an account. You can access your lifetime SS earnings and demonstrate that you were or were not required to file taxes. All earnings reported by all employers are added on that statement. Example: From my statement back in 1984 my taxed social security wages were a whopping $118 (LOL I was a kid). I assure you I did not file taxes in 1984 for that reason and I assure you I have no idea what that money was for, but I can go back 39 years and show I was not required to file taxes that year because I didnt earn enough to meet the requirement. Burden of proof on that isn’t my problem it’s theirs. You can’t back-file MFS without your personal W2’s and 1099’s and earnings records (and) validity of your marriage or anything about your marriage under the 5-yr rule is irrelevant. You need to demonstrate you filed the last 5 years of taxes IF REQUIRED and that’s all you need to worry about.

Step 1 sign up on IRS.gov and pull all the transcripts you can get. Start there. Same way we usually pull our tax history. https://www.irs.gov/individuals/get-transcript

This is a “do nothing and just let it die” situation. You did what you’re supposed to do, cancelled the petition. They’ll figure it out. Or upload (1) document that cancels the case might be one way to kill it.

If you had no income you were not required to file. If you did not file because you were not required to file then you don’t have to file.

I read her posts. She has a hard climb.

It will ask for five but wont ding you for only three

Your SS number is yours for life and your previous case won’t effect your current one. Even immigrants who have surrendered green cards are treated as new applicants.

Go back into your application and re-check three year spouse of USC category. Our application defaulted back to 5-yr in the middle of filling it out and it took forever to find the problem. If your category is correct put all 5 years history (we did with two years out), complete it, and submit it.

179 days is one day after the end of the last extended absence. It takes that absence into account.

No minimum time and I never took trips to “establish a residence”. We did pay for insurance we never used and other things to maintain no doubt that we were out temporarily with full intent to come back. Rent isnt as important as getting all your business and banking and credit cards etc addressed to wherever you are intending to stay, getting a state ID or license, registering to vote, and bringing back all of the evidence that you did that. Job searching would be good, nothing spells “expedite” like a job offer and starting date. Probably helps boost the support affidavit. Before I’d pay rent I’d pay to ship goods over, which you probably have to do anyway. Nothing spells intent like packing stuff and moving it. If a visa is issued you must either enter before or with your husband, that’s the rule. I picked “with” - no way I was leaving my wife alone in KSA.

Normally the embassy emails not calls I’d be on the horn first thing. Phone and email.

Single is prohibited. MFJ or MFS or HOH are your choices. Whatever you do this year get your spouse’s income together, combine it with yours, exclude it as foreign earned income, and prepare to refile 1040X after he gets a SS number. You’ll assuredly get more back.

That isnt the best sign and now I realize what they want from you. We’ve been there and it wasn’t her it was me (USC) grilled at the immi counter. There is a possibility that you will need to make a trip, get a drivers license, register to vote, check on schooling, and do some job hunting to meet your “intent to establish residency” requirements. Our list: We kept parked registered insured vehicles, had property in a relative’s house and also in storage, maintained our banks and credit cards, kept drivers licenses up to date, and addressed the whole puppet show to the same address. But: we were only out 3-4 years at a time which keeping all that up to date made our absence(s) “temporary” Well and KSA doesnt allow “permanence” anyway. That helped. All stays are “temporary” there but I had to prove a lot of US ties to get what we needed. Wish you folks the best 👍

Proof of domicile for your petitioner or for the joint sponsor?

That isnt a refusal. Sponsor’s spouse needs to submit an I-864A and they will complete your case.

That was one idea

“Highly sought skills” bore me. No you cannot change to an overseas job during this process LOL. You’re doing this and you’re going to do it on cash assets. Rule is 3X the 125% poverty level cash equivalent assets for a spouse based on your household size. Bank it and you can do this. I did it twice. I know all about how how it works.

Not the same field. The same company. Promises to get a future job no matter what you do count for nothing.

Foreign earned income is considered (zero) income for purposes of immigration

No

Nitas stepchildren (mine) have always been listed except for N-400 where only our two little ones were listed. But they’re all aged out and on their own.

Unfortunately he did He may have missed it on the I130 as well. Your application is yours, best to list your stepchild then explain the whole thing at interview. Hopefully the omitted child on I864 did not make a difference on eligibility because such an omission is “material”, affects the outcome of your case, and can result in retroactively stripping of immigration benefits. I864 instructions say “whether they live with you or not” no actually they actually say “even if you do not have legal custody” unless they are age of majority AND not claimed on your taxes.