Is a fiancee or spouse visa better?

[jdoe]

Don't want to worry you or anything, but FYI on the not filing taxes: I'm pretty sure receiving gift money is still considered income by the US gov, so they would still expect you to file your taxes. I don't know if USCIS and the IRS share information or anything, but just something to think about.

Correct, in order to sponsor an immigrant you will ultimately need to provide an affidavit of support, and the affidavit of support will require a copy of IRS return or transcript, of a darn good reason a return was not filed. Most simply file a ZERO return to satisfy this requirement.

I didn't file taxes because I was told by the guy who does my taxes that if I have less then 5k income that I don't need to. All my income was a gift and not income. Do I need to file still just to show I received a gift? So, do you think that the tax guy was wrong. Or that this will slow or stop my visa application?

Edited October 21, 2009 by jdoe (see edit history)

[Michael]

I am from the US planning on marrying a girl from China.

 

Is it better, faster, cheaper, less work, surer for acceptance to get a fiancee or spouse visa?

 

I already know some of how a fiancee visa works.

 

However I was told that the spouse visa may be cheaper and faster since you don't have to take the second step or resident status change later.

 

Some questions come up though.

 

First, I would have to get married. I think I would have to marry in China. So would I have to get a certain visa to China to marry there? Would it be a lot of hassle what is involved with all the costs, paper work ect with that?

 

Second, is it true that getting married before in China and then getting a spouse visa to the US is dangerous since you may not get the visa then end up being married but not being able to bring them over in contrast to a fiancee visa since you are not yet married?

 

Thanks, for anyone who is able to answer this is of course very important to me. Direction to information on this subject would be helpful as well!

 

Well I first did the K 1 and then in Guangzhou they said it was not a bonafide relationship. So now I did get married in China to a wonderful woman. Lawyer filed 2 petitions of which I ended up doing the CR 1. You deal with the National Visa Center and pay them and file all the papers here in the US. Then they will transmit that to Guangzhou. That also pays for your visa and green card. We are now just waiting for the interview. Hope this is some help to you.

[Kyle]

I know that you need to show records of conversations. Is there a way to do this with Skype, Facebook, and some cell phone?

 

If you want to use a phone card when making calls, make sure you purchase one which will allow you to keep a log of every call made. The following link will give you some user reviews of various products and services.

 

http://candleforlove.com/forums/index.php?...p;hl=call+china

 

Also, you may consider taking screen shots if you use video chat, such as with services like Skype or QQ. I believe a few of these would be useful when providing emails, call logs, etc.

 

If you are running Vista, you can use the snipping tool to do this:

 

http://www.bleepingcomputer.com/tutorials/tutorial135.html

 

If you're using XP

 

http://www.microsoft.com/windowsxp/using/s...screenshot.mspx

 

I didn't file taxes because I was told by the guy who does my taxes that if I have less then 5k income that I don't need to. All my income was a gift and not income. Do I need to file still just to show I received a gift? So, do you think that the tax guy was wrong. Or that this will slow or stop my visa application?

 

Yes, I would file. He may not be wrong per se (although personally, I do not know), but, pertaining to immigration situations, this could cause problems. The guy who does your taxes, if he's like mine, may not be looking as your tax records from an immigrant process perspective. Even if you must file 0, it will serve as a record for GUZ. Not filing may raise questions as to why you chose not to do so. It's better, in my opinion to file and remove all doubt. The last thing you want GUZ to think is that you're trying to act shady in order to hide something.

 

http://candleforlove.com/forums/index.php?...c=38765&hl=

Edited October 21, 2009 by KJJ (see edit history)

[jdoe]

Well, I don't think I can file my taxes now. I guess I will have to talk to some tax professional and maybe an immigration attorney or somethng. I hope this doesn't carry serious consequences. I think the main thing they want to see is if you have and make enough money. So maybe an old bank statement or something? Or the assets or funds that I previously hold will count?

Edited October 21, 2009 by jdoe (see edit history)

[Kyle]

Not knowing which visa you are going to apply for (K1, K3, or CR-1)

 

Maybe this will help

 

http://www.ehow.com/how_4598275_file-past-...ax-returns.html

 

Perhaps those who have been around longer than I can give better advice. Checking with your tax professional may be a wise thing to do, rather than just take my advice. I admit that this particular tax situation is outside my realm of expertise.

 

I'm sure others here will either be able to second my suggestion, or even better, offer an alternative/easier solution.

 

I hope this doesn't carry serious consequences. I think the main thing they want to see is if you have and make enough money. So maybe an old bank statement or something? Or the assets or funds that I previously hold will count?

 

. . . and it may not cause any issue. However the I-864 has a option to "check" - "(Optional) I have attached photocopies or transcripts of my Federal tax returns for mysecond and third most recent tax years." which is why most people include the past three years. Often times, the VO will go a head and ask for them.

 

http://www.uscis.gov/files/form/I-864.pdf - I-864 form and instructions - if you marry then file CR-1

http://www.uscis.gov/files/form/I-134.pdf - I-134 form and instructions - for K spousal/fiance visa

 

The I-864 instructions state - For ALL Sponsors:

 

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

 

The I-134 instructions state:

 

As the sponsor, you must show you have sufficient income and/or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States.

 

Evidence should consist of copies of any or all of the following documentation listed below that are applicable to your situation.

 

Failure to provide evidence of sufficient income and/or financial resources may result in the denial of the alien's application for a visa or his or her removal from the United States.

 

The sponsor must submit in duplicate evidence of income and resources, as appropriate:

 

A. Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

2. Total amount deposited for the past year;

3. Present balance.

 

B. Statement of your employer on business stationery, revealing:

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent.

 

C. If self-employed:

1. Copy of last income tax return filed; or

2. Report of commercial rating concern.

 

D. List containing serial numbers and denominations of bonds and name of record owner(s).

 

Pertaining to K visas, I do not know if the past three years tax returns are necessary (or even submitting the past year's tax return - note that the instructions stated "any or all" which suggests to me that it could be interpreted as "applicable" To me, it also depends on your classification. Do you consider yourself self-employed?). Someone will help me out and give more information regarding this.

 

I agree, showing documentation of your assets would be beneficial. Regardless, if it were me, I'd still include things that document all of that - banks statements, property, investments, pay stubs etc.

 

I DO NOT believe you're the first person to encounter this situation - so I'm fairly confident this can be resolved.

Edited October 21, 2009 by KJJ (see edit history)

[squirty]

Well, I don't think I can file my taxes now. I guess I will have to talk to some tax professional and maybe an immigration attorney or somethng. I hope this doesn't carry serious consequences. I think the main thing they want to see is if you have and make enough money. So maybe an old bank statement or something? Or the assets or funds that I previously hold will count?

 

 

Unfortunately, it seems that it is too late for you to file taxes. The deadline for late filing for the year 2009 was October 15th. Like others have said, this may or may not cause you trouble if you decide to apply this year. You should write a very good letter explaining this in your application.