More questions about Spouse Visa

[jae123]

Hi guys, I'm in a similar situation. I've been living/working in China for about a year now (have the official residence/work permit and all - Chinese GF and I met when we were both studying abroad in Europe). I'm planning to go back to the US in August (for more grad school), and am looking for the quickest way for us to get married and for her to get over to the US (I already have cosigners for the app, etc).

It seems like the DCF would be the quickest, although would I still have to be in China after August? I read somewhere that if I do the DCF, I have to wait 5 years to marry an American green card holder? And also that it could take 6 months to 1.5 years for the green card through DCF? In that case, it seems like it would be best to file for K-1 / I-129F through the USCIS, etc.

Also, just to make sure, when first submitting the I-129F, this requires lots of documentation (cover letter, ,etc), correct?

Thanks a lot in advance ...

[dnoblett]

If working and living in China the best, quickest and least expensive process is to marry now and file the I-130 petition to DHS in Beijing or Guangzhou. Process ends up taking 4-5 months.

 

US Citizen spouse petitioner can leave China in August to go to school while non US Citizen spouse waits for visa interview remains behind in China.

 

Now the confusion, I do not understand what you mean by waiting 5 years to marry a green-card holder??

DCF requires marriage BEFORE filing the Petition, you are already married to a US Citizen not a green-card holder, and once visa is issued and entry to the USA the immigrant gets a green-card to live in the USA.

 

The only thing I can think of regarding 5 years is in the case where neither person is a US Citizen and one needs to be resident in the USA as a green-card holder to then apply for US Citizenship. Green-card holder cannot file an I-129F for a fiancee visa, they mus first be a US Citizen. However a green-card holder can file an I-130 for a spouse visa, just they cannot do it DCF, the I-130 would take a couple years to process, and in the meantime if the green-card holder qualifies and becomes a citizen, they can get the pending spouse visa bumped ahead.

 

K-1 would be very slow compared to a DCF filing, and in the case of K-1 will take many months after arrival for immigrant to receive a green-card, and the fees for K-1 vs DCF (CR-1) are nearly twice as much. K-1 REQUIRES that the petitioner is a US Citizen.

 

Please clarify your situation is one person a US Citizen and the other not?

[jae123]

Hi thanks a lot for your reply. I'm a US citizen and my fiancee is a Chinese citizen. Please ignore the 5 years/green card issue, that's information my fiancee found on the internet and made things a bit confusing.

 

Regarding the DCF/CR-1, this is for a green card in America, and the green card can take quite a bit of time to receive? But in the meantime the immigrant can file for K3 to go to America (not sure how long it takes to get the K3)?

 

As you can tell I'm a bit confused, thanks again ...

Edited June 21, 2012 by jae123 (see edit history)

[dnoblett]

DCF results in a spouse CR1 visa, upon entry to USA on this visa there is no wait for green card, passport becomes a temp green card, and the actual card arrived in mail a few weeks after arrival.

 

K-3 is not an option in DCF cases, and if you file the I-130 (CR-1) and the I-129F (K-3) petitions in the USA to USCIS, they will tie the two together adding weeks to process and approved them together and send together to NVC where NVC closes the I-129F and proceeds with the I-130 (CR-1). Essentially K-3 is an obsolete and dead visa type. Forget about it. See: http://candleforlove.com/forums/index.php?showtopic=40925

Edited June 21, 2012 by dnoblett (see edit history)

[dan1984]

DCF results in a spouse CR1 visa, upon entry to USA on this visa there is no wait for green card, passport becomes a temp green card, and the actual card arrived in mail a few weeks after arrival.

 

K-3 is not an option in DCF cases, and if you file the I-130 (CR-1) and the I-129F (K-3) petitions in the USA to USCIS, they will tie the two together adding weeks to process and approved them together and send together to NVC where NVC closes the I-129F and proceeds with the I-130 (CR-1). Essentially K-3 is an obsolete and dead visa type. Forget about it. See: http://candleforlove...showtopic=40925

 

Also, if already married for 2 years upon passing through customs, the wife would be awarded a 10 year permanent green card, as opposed to a temporary 2 year green card, correct?

[tsap seui]

 

Also, if already married for 2 years upon passing through customs, the wife would be awarded a 10 year permanent green card, as opposed to a temporary 2 year green card, correct?

 

That is correct Dan.

 

tsap seui

[dan1984]

Also, if already married for 2 years upon passing through customs, the wife would be awarded a 10 year permanent green card, as opposed to a temporary 2 year green card, correct?

 

That is correct Dan.

 

tsap seui

 

Good to know! Thanks Tsapper!

[jae123]

Thanks a lot guys, really appreciate it. My fiancee has been reading/saying that it takes about 1 year to wait for the interview for the CR1. I'm not sure exactly which is is quicker/has a higher risk to pass (or fail) - CR1 or K1?

 

Also, I wanted to make sure that it is possible to have parents act as cosigners for the app? Sorry for all the questions!Thanks ...

Edited June 21, 2012 by jae123 (see edit history)

[dnoblett]

Thanks a lot guys, really appreciate it. My fiancee has been reading/saying that it takes about 1 year to wait for the interview for the CR1. I'm not sure exactly which is is quicker/has a higher risk to pass (or fail)?

 

Also, I wanted to make sure that it is possible to have parents act as cosigners for the app? Thanks ...

Every DCF case I have seen has been no more than 4 months filing to interview, the other alternatives (Filing state side either I-130 (CR-1) or I-129F (K-1)) take way longer 9 to 12 months, and processing times is very similar between CR-1 and K-1 when filed in the states.

 

As for pass/fail DCF is the lowest for denials, K-Visas seem to have a higher denial rate. (In my opinion CR-1 looks like a more committed relationship being married first as opposed to just a fiancee relationship)

 

You may use parents as joint sponsors for the green-card, they would provide an I-864 Affidavit of support for the visa interview, they are not involved at the time you file the visa petition.

 

One other issue you will face is US Domicile, you need to show that living out of the USA was a temporary condition and that you have domicile in the USA or in the process of reestablishing this. This is a requirement of affidavit of support, and is a concern at the time of visa interview and not when you file the petition.

[jae123]

Thanks a lot again. Regarding US domicile, I'm going to submit a copy of my driver's license (with address at parent's place); my grad school acceptance letter with statement of university funding; and a letter/statement from the parents. Hope this would be adequate ...

Edited June 21, 2012 by jae123 (see edit history)

[dnoblett]

Thanks a lot again. Regarding US domicile, I'm going to submit a copy of my driver's license (with address at parent's place); my grad school acceptance letter with statement of university funding; and a letter/statement from the parents. Hope this would be adequate ...

That will do.

 

Also did you file IRS returns while out of the country, filing them is a way to show maintaining domicile, the affidavit of support will request copies of returns, or an explanation why you are exempt, easier to simply file them late with no penalty. This can be prepared while you are waiting for petition to be processed before interview.

 

To marry over there you will need to visit a US consulate and get a letter showing you are not married.

[jae123]

Thanks a lot again. Regarding US domicile, I'm going to submit a copy of my driver's license (with address at parent's place); my grad school acceptance letter with statement of university funding; and a letter/statement from the parents. Hope this would be adequate ...

That will do.

 

Also did you file IRS returns while out of the country, filing them is a way to show maintaining domicile, the affidavit of support will request copies of returns, or an explanation why you are exempt, easier to simply file them late with no penalty. This can be prepared while you are waiting for petition to be processed before interview.

 

To marry over there you will need to visit a US consulate and get a letter showing you are not married.

 

Okay, thanks again. I havent filed for IRS returns, Ive been living/working/studying outside the US (in Europe and Asia) for about 8 years now. Would it be mandatory that I file for IRS returns?

[dnoblett]

Okay, thanks again. I havent filed for IRS returns, Ive been living/working/studying outside the US (in Europe and Asia) for about 8 years now. Would it be mandatory that I file for IRS returns?

This one can get you, for some reason many people think that not living in the USA exempts them from filing a 1040, it does not, they may be exempt from paying US taxes on foreign income, however are not exempt from reporting the income each year on a 1040, on it you can claim the foreign income exemption and not pay tax on income less than I believe up to something like 80K.

 

However if income is less that the required min every year for a return then can explain this with a note attached to the I-864.

 

I have seen some simply file past years returns late, without penalty, and attach copies to the I-864.

 

One other note, once in the USA, the IRS can hit you with tax on foreign income because you did not file returns claiming the exemption.

 

A Recent topic on this. http://candleforlove.com/forums/index.php?/topic/44826-taxes-which-is-the-better-choice-for-us-married-joint-or-married-separate/

[jae123]

Okay, thanks again. I havent filed for IRS returns, Ive been living/working/studying outside the US (in Europe and Asia) for about 8 years now. Would it be mandatory that I file for IRS returns?

...you can claim the foreign income exemption and not pay tax on income less than I believe up to something like 80K.

 

However if income is less that the required min every year for a return then can explain this with a note attached to the I-864.

 

 

I definitely have not been earning anything near or above 80k, so I'll attach a note to the I-864. Is this usually acceptable? For the note, how much detail is required? Is there a 'template' somewhere on the internet for such a note? Thanks a lot again!

Edited June 24, 2012 by jae123 (see edit history)

[dnoblett]

I believe the income level at which you can claim to be exempt from filing returns is around 4 or 5K.

 

I would still get married and file the I-130 for spouse visa for several reason, fees are near half for a CR-1 vs K-1 visa to the point of getting a green-card. CR-1 also gets the green-card upon arrival to the USA, K-1 can take many months to get one.

 

As for IRS, they actually have a good website where you can download past years forms, and get info.

 

http://www.irs.gov/a...ublication.html

http://www.irs.gov/b...onal/index.html

http://www.irs.gov/f...=199953,00.html

 

 

Study page 7 of 1040EZ form to see if you are required or not to file a return: http://www.irs.gov/p...pdf/i1040ez.pdf (If income per year is less than $9500 then note this on the I-864, and attach page 7 of 1040EZ instructions and highlight that exemption, also get prior year's forms instructions and do the same or simply fill out the form and file with IRS late, they do not penalize you if you owe nothing.

Edited June 24, 2012 by dnoblett (see edit history)