Transient Teacher seeking information on CR-1 process

[sualum2002]

I have been living in China for more than three years and I have been married to my wife, who is Chinese, for more than one year. We are still living in China, but we would like to make a petition for her to immigrate to the United States. However, we are not certain where we can file this petition. Currently, we are residing in the Shanghai Consular District after having lived in the Beijing District for more than one year. Is it possible for me to file the CR-1 now, and if so, where do we send or deliver our petition? Just so you know, I worked in the Shanghai District for two years, then the Beijing District for one year and now we are back in the Shanghai District (as of February 17, 2008). Certainly we don't have to wait six months to file a petition, do we? If we file now, do we send our I-130 and G-325A directly to Beijing or can we deliever it by hand in Shanghai?

[Guest Rob & Jin]

I have been living in China for more than three years and I have been married to my wife, who is Chinese, for more than one year. We are still living in China, but we would like to make a petition for her to immigrate to the United States. However, we are not certain where we can file this petition. Currently, we are residing in the Shanghai Consular District after having lived in the Beijing District for more than one year. Is it possible for me to file the CR-1 now, and if so, where do we send or deliver our petition? Just so you know, I worked in the Shanghai District for two years, then the Beijing District for one year and now we are back in the Shanghai District (as of February 17, 2008). Certainly we don't have to wait six months to file a petition, do we? If we file now, do we send our I-130 and G-325A directly to Beijing or can we deliever it by hand in Shanghai?

 

you can file dcf in shanghai now

[IllinoisDave]

You might find this thread helpful.

http://candleforlove.com/forums/index.php?showtopic=26043

[dnoblett]

A few warnings about DCF.

 

CR1 visa requires US Citizen petitioner to provide an I-864 affidavit of support to sponsor the immigrant.

 

I-864 Requires 2 things that sometimes are complicated for a US Citizen living overseas.

 

1) US Citizen Must show maintaining US Domicile while living out of country. Or strong evidence of re-establishing domicile.

 

2) US Citizen Must provide past year's IRS return.

 

Must who do DCF, will employ the use of a joint sponsor.

[shanghaigale]

We did this back in 2000, so our information is really old but I was living in Shanghai at the time and was able to file the paperwork there. However, we found out after we interviewed in Beijing that we could have filed it directly up there and would have saved ourselves a months worth of time because it had to go by special consular packet to get to Beijing and they only sent the packet every month or so. The INS officer that interviewed us there said that he could have told us where to send it and wouldn't have had to make a special trip to do it. As long as you have a Z-visa I would think you could file right away in Shanghai since you have lived in china all that time but you would probably want to check with the consulate there to be sure. Rules have a tendency to change and it was a long time ago since we did it.

Gale

 

I have been living in China for more than three years and I have been married to my wife, who is Chinese, for more than one year. We are still living in China, but we would like to make a petition for her to immigrate to the United States. However, we are not certain where we can file this petition. Currently, we are residing in the Shanghai Consular District after having lived in the Beijing District for more than one year. Is it possible for me to file the CR-1 now, and if so, where do we send or deliver our petition? Just so you know, I worked in the Shanghai District for two years, then the Beijing District for one year and now we are back in the Shanghai District (as of February 17, 2008). Certainly we don't have to wait six months to file a petition, do we? If we file now, do we send our I-130 and G-325A directly to Beijing or can we deliever it by hand in Shanghai?

[sualum2002]

Many thanks for all the help. We shouldn't have a problem filing via a reputable courier service and we'll make the payment in Shanghai.

 

As for the IRS business...yeah, I have to figure out how to file back taxes or something. Though I don't make enough to actually pay taxes, I should do something because I haven't over the years while working as a teacher in China.

 

ouch. Lots of business to take care of from here! But, I won't need this until the interview, correct? Hmmm...

[dnoblett]

Many thanks for all the help. We shouldn't have a problem filing via a reputable courier service and we'll make the payment in Shanghai.

 

As for the IRS business...yeah, I have to figure out how to file back taxes or something. Though I don't make enough to actually pay taxes, I should do something because I haven't over the years while working as a teacher in China.

 

ouch. Lots of business to take care of from here! But, I won't need this until the interview, correct? Hmmm...

You wont be paying any taxes, just be reporting income to the IRS. Foreign income is exempt from being taxed.

 

Yes you will need to get past years returns filed.

 

In many cases the US Citizen moves back to the USA shortly after filing the I-130 and re-establishes domicile, and actively looks for and perhaps lands a job in the US so that they can show that they can sponsor the immigrant.

[chilton747]

You wont be paying any taxes, just be reporting income to the IRS. Foreign income is exempt from being taxed.

 

I thought the tax payer had to report world wide income and was taxed accordingly.

[dnoblett]

You wont be paying any taxes, just be reporting income to the IRS. Foreign income is exempt from being taxed.

 

I thought the tax payer had to report world wide income and was taxed accordingly.

No tax paid on income below $85,700, just the income needs to be reported.

Foreign Earned Income Exclusion

 

If your tax home is in a foreign country and you meet the bona fide residence test or the physical presence test, you can choose to exclude from your income a limited amount of your foreign earned income. Foreign earned income was defined earlier in this chapter.

 

You can also choose to exclude from your income a foreign housing amount. This is explained later under Foreign Housing Exclusion. If you choose to exclude a foreign housing amount, you must figure the foreign housing exclusion before you figure the foreign earned income exclusion. Your foreign earned income exclusion is limited to your foreign earned income minus your foreign housing exclusion.

 

If you choose to exclude foreign earned income, you cannot deduct, exclude, or claim a credit for any item that can be allocated to or charged against the excluded amounts. This includes any expenses, losses, and other normally deductible items allocable to the excluded income. For more information about deductions and credits, see chapter 5.

Limit on Excludable Amount

 

You may be able to exclude up to $85,700 of your foreign earned income in 2007.

 

You cannot exclude more than the smaller of:

• $85,700, or
   
  
• Your foreign earned income (discussed earlier) for the tax year minus your foreign housing exclusion (discussed later).
  

If both you and your spouse work abroad and you and your spouse meet either the bona fide residence test or the physical presence test, you can each choose the foreign earned income exclusion. You do not both need to meet the same test. Together, you and your spouse can exclude as much as $171,400.

http://www.irs.gov/publications/p54/ch04.html#d0e3819

 

So if income was below $85,700 then it will be excluded from being taxed.

Edited February 22, 2008 by dnoblett (see edit history)

[chilton747]

You wont be paying any taxes, just be reporting income to the IRS. Foreign income is exempt from being taxed.

 

I thought the tax payer had to report world wide income and was taxed accordingly.

No tax paid on income below $85,700, just the income needs to be reported.

Foreign Earned Income Exclusion

 

If your tax home is in a foreign country and you meet the bona fide residence test or the physical presence test, you can choose to exclude from your income a limited amount of your foreign earned income. Foreign earned income was defined earlier in this chapter.

 

You can also choose to exclude from your income a foreign housing amount. This is explained later under Foreign Housing Exclusion. If you choose to exclude a foreign housing amount, you must figure the foreign housing exclusion before you figure the foreign earned income exclusion. Your foreign earned income exclusion is limited to your foreign earned income minus your foreign housing exclusion.

 

If you choose to exclude foreign earned income, you cannot deduct, exclude, or claim a credit for any item that can be allocated to or charged against the excluded amounts. This includes any expenses, losses, and other normally deductible items allocable to the excluded income. For more information about deductions and credits, see chapter 5.

Limit on Excludable Amount

 

You may be able to exclude up to $85,700 of your foreign earned income in 2007.

 

You cannot exclude more than the smaller of:

• $85,700, or
   
  
• Your foreign earned income (discussed earlier) for the tax year minus your foreign housing exclusion (discussed later).
  

If both you and your spouse work abroad and you and your spouse meet either the bona fide residence test or the physical presence test, you can each choose the foreign earned income exclusion. You do not both need to meet the same test. Together, you and your spouse can exclude as much as $171,400.

http://www.irs.gov/publications/p54/ch04.html#d0e3819

 

So if income was below $85,700 then it will be excluded from being taxed.

 

As always, thanks Dan.

[sualum2002]

So if income was below $85,700 then it will be excluded from being taxed.

 

 

 

Thanks to all for your wisdom. We couldn't do it without y'all!

[shanghaigale]

Just a few things you need to be careful on with this. First of all you can't take the exclusion until you have resided a full calender year in the foreign country. Then you also need to make sure that you don't spend to much time in the USA during the year either. Make sure you are not back in the states over 30 days during the calender year (or a rolling 12 month period). If you are, then you can't take the exclusion. In my case, I was out exactly 29 days the first full calender year I was there. I planned my home vacation to make sure that I didn't exceed the 30 day limit. As I remember after you have been there a full calender year you can file for that year, then if you want you can also go back amend the prior year on the rolling 12 month rule to. I chose not to do that since it only involved a few months. At the end of your stay after you have had the first full calender year you can file for the partial final year up until the time you exit the country. So the portion of income you made while out of the country before you returned permanently will not be taxed but any income after that when you are back in the USA will. I did this way back in 1998-2002 so my memory is a bit rusty on all the details now. However, I was able to basically exclude all my income in China because the other income I had from investments and all was low enough that the standard deduction plus regular exemptions still didn't require me to pay taxes at all. It was really nice. I lived strickly on the per diem the USA company paid me and never even saw my regular paycheck. It went straight to my bank account in the USA and I didn't touch it at all while I was in China. As I remember the IRS form you need to check is the 2555, it will give you all the correct information that is currently correct.

Gale

 

Gale

 

So if income was below $85,700 then it will be excluded from being taxed.

 

 

 

Thanks to all for your wisdom. We couldn't do it without y'all!

[sualum2002]

Just a few things you need to be careful on with this. First of all you can't take the exclusion until you have resided a full calender year in the foreign country. Then you also need to make sure that you don't spend to much time in the USA during the year either. Make sure you are not back in the states over 30 days during the calender year (or a rolling 12 month period). If you are, then you can't take the exclusion. In my case, I was out exactly 29 days the first full calender year I was there. I planned my home vacation to make sure that I didn't exceed the 30 day limit. As I remember after you have been there a full calender year you can file for that year, then if you want you can also go back amend the prior year on the rolling 12 month rule to. I chose not to do that since it only involved a few months. At the end of your stay after you have had the first full calender year you can file for the partial final year up until the time you exit the country. So the portion of income you made while out of the country before you returned permanently will not be taxed but any income after that when you are back in the USA will. I did this way back in 1998-2002 so my memory is a bit rusty on all the details now. However, I was able to basically exclude all my income in China because the other income I had from investments and all was low enough that the standard deduction plus regular exemptions still didn't require me to pay taxes at all. It was really nice. I lived strickly on the per diem the USA company paid me and never even saw my regular paycheck. It went straight to my bank account in the USA and I didn't touch it at all while I was in China. As I remember the IRS form you need to check is the 2555, it will give you all the correct information that is currently correct.

Gale

 

Gale

 

So if income was below $85,700 then it will be excluded from being taxed.

 

Thanks to all for your wisdom. We couldn't do it without y'all!

 

Okay, so we received our P3 today (extremely excited), but with all good news comes some anxiety. The I-864 is just such a thing to provide that anxiety. I have followed Gale's advice and have done the necessary research. However, there are a few things I'm not clear about with the instructions in P3:

 

1) Do I submit copies of the completed I-864 with the tax information in order to get to P4 or do I hold on to the I-864 until the interview? The OF-169 has a checklist of things to compile and submit, and one of those required forms is the I-864. So, I'm confused about that.

2) My parents will serve as joint-sponsors so do I need to fax them the I-864 (or have them download the form) and have them forward the tax information and completed I-864 to my wife and I?

3) As I understand it, because I've been living and working in China since 2006, I need to write a letter claiming my absolution from paying taxes in the U.S. (obviously, as a teacher, I make less than $85,000/year). If so, when do I submit this letter (presumably at the same time as I submit the I-864)?

 

Basically, this whole process seems straightforward enough except for the Affadavit of Support--that business gives me headaches and I really don't want to make any mistakes!!

 

Thanks!!

[david_dawei]

1. She takes the I-864(s) to the interview. Just use that checklist to simply start gather that info if not already done.

2. Yes, they need the form... and can download it... and should send with supporting documentation... if you are going to be living with them, then they are really household members and would file an I-864a.

3. I don't see why you have to write a letter about paying taxes (or not) to the consulate.. they are not the IRS; if you filed, then your taxes speak for themselves. Just submit tax returns (or the tax transcripts are what many send).

 

 

File Downloads:

I-864

I-864a

[Randy W]

 

3. I don't see why you have to write a letter about paying taxes (or not) to the consulate.. they are not the IRS; if you filed, then your taxes speak for themselves. Just submit tax returns (or the tax transcripts are what many send).

 

 

Usually, this question is about submitting a letter explaining why no taxes were owed, in lieu of a copy of a tax return that was not filed.

 

If you can easily submit an amended return (with no penalties owed since no tax is due), you can also make copies before you mail them in.

 

Whichever works for you.