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More questions about Spouse Visa


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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.

 

Thanks very much, appreciate it.

Edited by jae123 (see edit history)
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Make that less than 9500 for 2011 return, and the min maybe less for past years, so simply download form instructions and study. I was guessing 4-5K in the above post, nice to know it is higher.

 

Then again I have seen many simply file the past returns even if income does not demand it so that it acts as another piece of evidence that were maintaining US Residence.

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I can only add to all of this, take the TIME NOW to file back IRS Tax forms. If you have no filing requirements, due to lower than the threshold levels, at least file a couple of years showing you are trying to comply, have an address in the US, and are not a seeking to avoid taxes. All of the previous is sage advice from the other posters - don't do it the easy way - do it the correct way - and avoid potential problems in the future. Best of Luck.

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  • 4 months later...

Thanks again. Still in the process of getting material, mainly because of the issue of Criminal/Police Background Check for the wife. She lived in the UK for about 5 years, and was wondering, if it is absolutely required that she gets a Background Check from the UK?

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Yes, will need a police report from all countries lived since age 16 unless unavailable.

 

Will be required to get one from UK, get this while I-130 is in process, it will be needed after I-130 is approved.

 

How to get explained here: http://travel.state....5.html?cid=8993 UK Police Cert link there is bad, go here: http://www.acro.police.uk/police_certificates.aspx

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Great, thanks a lot! Grad school's sucking up most of my time, need to get this done ASAP...

 

Regarding later, do you mean that the police report is just needed at interview time?

Correct, needed later.

 

Depending on where you file the I-130.

  • Filed petition to USCIS in the USA, Police report needed after Petition is approved, it will need to be sent to NVC in the USA.
  • Filed petition in Beijing or Guangzhou (DCF), police report needed to be brought to visa interview.

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  • 2 months later...

Thanks again. I'm about to file the !-130 here in the US. I was wondering, if possible to file online, how exactly the electronic signature is done/made? Definitely owe yall ...!

No it has to be sent to the Chicago Lockbox.

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD

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Thanks again. Just wanted to clarify: my wife and I married in China, and I'm filing for CR1 in the STates. Does it usually take 4 or 9-12 months? Thanks :)

Filing petition at the USCIS office in Beijing or Guangzhou (DCF), is a 3-4 month process. Filing the petition in the USA is a 9-12 month process.

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Okay, thanks. Since I'm in the US, is it possible to file the petition/send it to Guangzhou? Or, must I do it in the US/send it to the US lockbox?

 

To file DCF, you must file in person in Guangzhou or Beijing, and bring evidence of residing in their jurisdictional area

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Thanks a lot again. I know I sound like a ....highly uninformed person. Grad school has barely given me a free minute for the past 5 months.

 

Anyway, regarding the the NVC Pilot Program (http://guangzhou.usembassy-china.org.cn/nvc_pilot_program_of_electronically_processing_visa_petitions.html#2), will I/the wife be eligible for it after/if we send the I-130 to the US lockbox?

 

Or, must it be filed in GZ in order to qualify for the online NVC program later? Thanks...

NVC is not involved with DCF filings at all.

 

Yes, if you file the petition in the states you qualify, there is an extensive thread about this here: http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

 

You still have the 4-6 month wait for USCIS to process petition and approve before opting into that program.

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