Next steps for the ir1?

[pipi]

Hello all,

 

My wife got the K3 visa back in january and now we want for her to wait in china to get the IR1.

I believe I need to file the I864 but for 2009 I did not have any reportable income only just helping the family business and getting paid in cash.

So i consulted the accountant and found that if I report some income, say $15,000 which is 125% above poverty level, then I'd have to pay about $3,000 in taxes. Is this correct?

Now if my wife comes over first and then we file for adjustment, it would cost $1,000. This way would be cheaper than paying taxes yeah or no?

Would she have to fly back to Guangzhou for the IR1 interview? If so then I'd need to pay taxes or get my sister and brother involved in filing the i864. But what's the chance going this route given that she already got the k3 visa?

[Stepbrow]

In my opinion. I would just bring here here since she has the K-3. It is always a crapshoot when a Chinese woman goes for the visa interview. The Con Off may deny her IR-1, and then where would you be?

[Randy W]

Hello all,

 

My wife got the K3 visa back in january and now we want for her to wait in china to get the IR1.

I believe I need to file the I864 but for 2009 I did not have any reportable income only just helping the family business and getting paid in cash.

So i consulted the accountant and found that if I report some income, say $15,000 which is 125% above poverty level, then I'd have to pay about $3,000 in taxes. Is this correct?

Now if my wife comes over first and then we file for adjustment, it would cost $1,000. This way would be cheaper than paying taxes yeah or no?

Would she have to fly back to Guangzhou for the IR1 interview? If so then I'd need to pay taxes or get my sister and brother involved in filing the i864. But what's the chance going this route given that she already got the k3 visa?

 

 

If you owe taxes, they need to be paid. This has nothing to do with your I-864. If you don't owe any taxes, no one will ask that you make a donation to the IRS.

 

If you have income which is not taxable, it needs to be shown by some method other than the tax return, Have your accountant draw up an income statement to show what your true income was.

 

It is not necessary to pay taxes - only that you PROVE your income. The income tax return is simply one way of doing this. If your income was UNDER THE TABLE, well, that's the juggling act you seem to be already looking at. If you can prove the income, I would do that and not worry about the IRS with regards to the I-864.

 

We saw one guy sail through to their CR-1 visa showing $0 income both on his I-864 and on the tax returns he submitted (his business provided an actual 7 digit income).

 

Yes, the IR-1 interview would be in Guangzhou. She will need to adjust status (including a I-864), whether in Guangzhou with the IR-1, or here in the states from the K-3. The issues are the same.

Edited February 25, 2010 by Randy W (see edit history)

[dnoblett]

They approved a K-3, so odds are they will NOT deny an IR-1.

 

As for how to proceed, yes the first step is sending an I-864 to NVC and paying a fee, this can be done by email, and paid on line.

 

Secondly your spouse will authorize you as her agent, this can be done by email or by emailing a copy of DS-3032 to NVC

 

Finally you will be sending documents to NVC either by mail or by scanning and emailing them to NVC.

 

Doing IR-1 will cost you $470 in fees to NVC, adjusting status from a K-3 will be $1010 in fees. Your choice.

 

There is a thread in the Visa forum about electronic processing at NVC.

 

http://candleforlove.com/forums/index.php?showtopic=37703

 

Last note, did USCIS send the I-130 petition to NVC?

[david_dawei]

I feel you problems are deeper than trying to decide whether to hide income or claim it; even if you report it, you have no evidence of established, permanent, long term income.

 

If she stays in china for an IR1, will you have proof of long term, permanent employment?

 

My gut says get her here in the US and deal with USCIS instead of GUZ for an IR1. But then, you'll also need to deal with your wife in the US and you've got barely job enough to give her any secure feeling.

[pipi]

I spent 8yrs in China that is how I met my wife.

When I came back to the US in Oct 2008, I, of course had no job.

I updated my knowledge and tried looking for jobs but to no avail in this economy.

So I helped out with my brother's business (in his name) and getting paid in cash since Oct 2009.

Therefore I have no reportable income.

We are in the process of getting into remodeling/home improvement because we have those skills, so it looks like our future will get better and we will form a new company with our names on it.

 

1. But for now, what's the best route for her? To come here on the K3, or to wait for the IR1?

 

2. For the IR1, I'd have to file the I864 and also get sponsorship from family members. But is it ok since I have no reportable income for 2008/2009?

 

3. If she came to the US on K3, does she HAVE to go back to China for the IR1 interview? It just seems stupid to have to!

[dnoblett]

I spent 8yrs in China that is how I met my wife.

When I came back to the US in Oct 2008, I, of course had no job.

I updated my knowledge and tried looking for jobs but to no avail in this economy.

So I helped out with my brother's business (in his name) and getting paid in cash since Oct 2009.

Therefore I have no reportable income.

We are in the process of getting into remodeling/home improvement because we have those skills, so it looks like our future will get better and we will form a new company with our names on it.

 

1. But for now, what's the best route for her? To come here on the K3, or to wait for the IR1?

 

2. For the IR1, I'd have to file the I864 and also get sponsorship from family members. But is it ok since I have no reportable income for 2008/2009?

 

3. If she came to the US on K3, does she HAVE to go back to China for the IR1 interview? It just seems stupid to have to!

1. Nowadays a K-3 is not a time saver, it takes just as long to get as a CR-1. IR-1 costs much less overall than a K-3.

 

2. Either visa will require I-864 for immigrant sponsorship, IR-1 needs it just after petition goes to NVC, K-3 needs it when adjusting status later.

 

3. No return to China, for an interview, you can adjust status from K-3 in the USA for a FEE $1010

 

If you have family willing to Joint sponsor, then consider just going for the IR-1 visa.

 

If considering K-3 think carefully about it. IR-1 and K-3 tend to take about the same time, K-3 use to save you about a month but not any more, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

 

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the IR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a IR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131 (SOON to be $350)

AOS: $1010

($1496) $1715 when the K-Visa fee goes up.

 

IR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

 

Guangzhou has a new pilot program with NVC that allows them to process and send documents to GUZ electronicaly for CR-1 visas, this greatly speeds up the process to the point that in most cases CR-1 reaches the consulate before K-3.

[dnoblett]

Since you already have the K-3, as David says may as well use it and pay the extra fees adjusting status.

 

To adjust status from a K-3 requires filing an I-485 and paying $1010 fee after she comes to the USA on the K-3.

 

A guide to AOS: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos Also file for EAD when adjusting status: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

Edited February 26, 2010 by dnoblett (see edit history)

[Randy W]

The advantage in your case to using the K-3 and adjusting status in the US would be that you do not have to file the I-864 until after she is in the states. This would give you plenty of time (up to two years) to be able to shore up your sources of income.

Edited February 26, 2010 by Randy W (see edit history)

[dnoblett]

The advantage in your case to using the K-3 and adjusting status in the US would be that you do not have to file the I-864 until after she is in the states. This would give you plenty of time (up to two years) to be able to shore up your sources of income.

Yep, however to avoid having to do another FULL medical it is best to file AOS within 1 year of getting the medical for the K-3.

 

But yes A K-3 can enter the USA and be in status for up to 2 years, they can file for EAD and take a job, the two of you can work to get financials in order and provide I-864 and I-864A to sponsor the green-card.

[david_dawei]

I side with Randy.... take up to the two years to get established; don't worry about another medical in exchange for a year.

[pipi]

I decided to turn in two I864 one from me and one from my older sister, the co-sponsor.

 

Mine will be showing 0 income but assets that can be liquidated within one year and that is almost 3 times the required minimum. Will provide proofs of these assets.

 

My sister's will come with W2's and three years of 1040's, showing great income that is way above the poverty line which supports 6 people (herself/husband/daughter/our mother and father/my wife).

 

Wish me luck or what you think?

[david_dawei]

assets are generally meaningless...

 

why does she show herself as supporting her parents? Are they her dependents on taxes?

 

If yes, ok... if no, don't confuse the issue with that.

[dnoblett]

assets are generally meaningless...

 

why does she show herself as supporting her parents? Are they her dependents on taxes?

 

If yes, ok... if no, don't confuse the issue with that.

Yes people tend to confuse members of household as people living in the same home.

 

A person only counts people that they are supporting as members of their own household for example their children. My wife and I lived with my parents at the time we filed AOS I DID not count my parents on my affidavit of support, they are NOT supported by me and are not counted as members of my household.

[Randy W]

assets are generally meaningless...

 

why does she show herself as supporting her parents? Are they her dependents on taxes?

 

If yes, ok... if no, don't confuse the issue with that.

 

Not sure why you would say this, even though , literally speaking, it's true. The assets could spell the difference in their case between getting and not getting the visa.