Clueless, lots of questions, help please!

[CR1KEY]

Ok, so our situation is a bit complicated so I hope you guys can shed some light and reassure us that there is a way to do this...

I'm American by birth, both parents are French so I have dual citizenship. I've never lived in the US except for six months a couple of years ago. I worked for three of those six months but didn't earn enough to pay any taxes and have never filed a US tax return. I have a SSN, a bank account (with hardly anything in it), and a friend's address in California that I used as my residential address when I was there.

My girlfriend is from Beijing. We met two and a half years ago in Hong Kong where she was studying when I passed through on my travels. I lived with her there for a few months on a couple of consecutive tourist visas. We then went traveling, spent a year in New Zealand on working visas, then went to Australia where she could only get a tourist visa. Her visa expired a few weeks ago and she's now gone back to China and I'm still in Australia working.

We'd like to move to the US together as soon as possible. Our first thought was for her to get a J1 aupair visa and get married once we're both over there, but having done some reading that seems like a more complicated/long/expensive way to do it. So we've started looking at the CR1 process and the idea of getting married somewhere beforehand but we're confused since our situation is relatively unique.

Some questions...:

Can we get married anywhere or does it have to be in China?
After we get married, do we have to stay in the same place while the process is underway and while we wait for her interview?
Could she potentially apply for a J1 aupair visa while we're waiting for the CR1 process to happen so we could be in the US together sooner?
Will her interview have to take place in China regardless of where we get married and regardless of where she is/we are at the time, or can it be done in any USCIS anywhere in the world?
If we have to get married in China, can I be there on a tourist visa?
I read that I'd need to have been in China for over six months to file the I-130 by DCF. Is there another way to file the I-130 that doesn't have that requirement?
I also saw that I need to file I-130 in the place that is considered my permanent residence. Having been traveling for the past 3 years or so, I'm confused as to where that would be. I grew up in the UK but haven't been back there for over five years and I only lived in France for a couple of years before heading off on my travels 3 years ago. So not sure whether my permanent residence is my current address here in Australia, my father's address in France, my friend's in California, or...

Will the fact that I've never really lived in the US and the lack of tax returns be a problem? How would I show that I'm in the process of wanting to establish domicile there?

How much money is required to show we can afford the move? We don't have much between us and no joint accounts. Is that ok as long as we can find co-sponsors?

Assuming this is at all possible, what happens once we get to the US? Do we need a fixed address so they can check up on us periodically or are we free to do as we like until the 2 year interview as long as we can prove we've spent those two years together? (We're thinking of buying an RV and living on the road while working remotely so wouldn't have a fixed address...)

We have plenty of photos together, lots of emails/sms/skype convos, can probably dig up flight booking emails and have met each other's mothers if that helps...

A lot of questions I know. Hopefully some of you can enlighten us a bit. Thanks!

[Randy W]

The first thing to do might be to look at your income tax situation.

 

If you've earned over around $10,000USD in any of the last three years, you need to have filed an income tax return for that year. The Foreign Earned Income Exclusion doesn't apply if you haven't filed a return. You can always file amended return (up to the three years), and would most likely pay $0 tax and no penalty up to over $90,000USD. The dollar amounts change from year-to-year, so be sure to look them up if you think they may apply.

 

You can get married anywhere you want.

 

You will need to be able to receive unforwarded mail in the U.S. - that will be your "fixed" address. You will need to show that you have the ability to support her in the U.S. This will usually mean a job.

[dnoblett]

Welcome to Candle..

 

You say dual citizen, Getting an immigrant visa will require evidence of US Citizenship, (Photo copy of passport bio page, US Birth Cert, or Certificat of birth abroad)

 

1) Can marry anywhere.

 

2) No, you could remain in Australia, and she could return to China.

 

3) Typically the consulate will not issue a non-immigrant visa to a person waiting for an immigrant visa, need to show not having immigrant intent to get a non-immigrant visa, having an immigrant visa petition in the work clearly shows immigrant intent.

 

4) Interview happens in country of permanent residency (CHINA) regardless, http://canberra.usembassy.gov/iv_faqs.html#npr

 

5) Yes can marry in China on a tourist visa, will need to visit a US consulate to get a cert of being unmarried. http://guangzhou.usembassy-china.org.cn/information_about_getting_married_in_china2.html

 

6) Typically 6 months residency in China is a requirement for DCF, I have seen a couple posts of slightly shorter residency, it all depends on if you are a resident in China or not, for example on a work visa. http://guangzhou.usembassy-china.org.cn/iv_faqs.html#B2

 

7) Would be Australia Address, or if living in China as a resident 6 months then the China address. If using the Australia address you will still need to sent the Petition to USCIS in the USA. http://canberra.usembassy.gov/i-130.html (Probably use a USA address that a friend or relitive lives at that can forward USCIS and Department of State correspondence to you)

 

8) Domicile WILL be a BIG factor, you will be sponsoring an immigrant to the USA, and this REQUIRES evidence of a US Domicile. (Probably would be best to move to the USA shortly after filing the I-130, and re-establish domicile (Get State ID like driver's license, perhaps get work) prior to visa interview. You probably will be required to get a Joint sponsor in the USA to help sponsor immigrant.

 

As Randy said, you should file past year's returns, US Citizens may not be required to pay tax on foreign income, however they ar not exempt from filing 1040 returns every year.

 

Petition process is not too long, Department of State has an electronic process in place with the Consulate in Guangzhou China which helps speed up the NVC stage of the process. See: http://candleforlove.com/forums/index.php?/topic/37703-i29fk3-changes-and-nvc-electronic-processing-for-i-130cr1/

 

Once in the USA, and immigrant and sponsor must report any address change to USCIS by filing and AR-11, and I-865 you are free to move around, hoever this is a requirement to file change of address each and every time you move. If as you say living on the road, then you should establish a fixed address (Domicile address) that all correspondence goes to, where friend or relative can relay mail to you, this would also be the address your driver's license, and income taxes be based on. (I spent 4 years as a Truck Driver, my residence remained the same while I was out on the road.)

[CR1KEY]

Thanks for all the info!

 

Yes, I have US passport and birth certificate.

 

I don't think I've earned more than $10,000 in the last three years but I should go ahead and do my last three tax returns online anyway?

 

It sounds like the easiest will be for her to fly back here to Australia so we can get married here, then she can go back to Beijing and I go to the US to look for work, get driving licence etc. while the process is underway.

 

Will doing this make it difficult to show "evidence of a bonifide marriage" whch is one of the requirements when filing I130? http://www.visajourn...tent/i130guide1

 

We don't and won't have any jointly owned property, joint tenancy, joint bank accounts etc. by that time. Would affidavits from my parents and a few of our friends suffice? Would photos of the two of us together, emails, skype convos etc from over the past two years before the actual marriage be useful here?

 

Thanks again.

Edited October 31, 2012 by CR1KEY (see edit history)

[dnoblett]

Sounds like a plan.

 

Yes file returns even if below min just to get this established and have something to attach to affidavit of support later when needed.

 

As for relationship evidence, provide evidence from start of relationship to time of petition filing, also once you move to states see about getting wife added to lease if you rent an apartment. Affidavits tend to be the primary thing in short marriage situations.

[warpedbored]

What about income? You will need to show you make at least 125% of the federal poverty guidelines or have a joint sponsor in the US.

[CR1KEY]

What about income? You will need to show you make at least 125% of the federal poverty guidelines or have a joint sponsor in the US.

 

Yea, we'll have a hard time matching that ourselves but I can think of a few people who should be willing to joint sponsor us...

[CR1KEY]

Sounds like a plan.

 

Yes file returns even if below min just to get this established and have something to attach to affidavit of support later when needed.

 

As for relationship evidence, provide evidence from start of relationship to time of petition filing, also once you move to states see about getting wife added to lease if you rent an apartment. Affidavits tend to be the primary thing in short marriage situations.

 

Ok cool thanks. This might be doable after all!

 

Will update in due course and ask more questions as they arise...

[CR1KEY]

Hey, so we need your help again...

We just got married a couple of days ago so the wheels are in motion!

But we're finding it harder than we thought to get someone willing to be our joint sponsor for the affidavit of support so are pondering our options.

For cashable assets, I believe we need three times the poverty guideline minus our income. Our income being zero, we would need close to $60,000 to cover the both of us. Is that correct? And is cash in the bank considered good enough an asset?

Would it therefore be an option for either of our parents to transfer the required amount of money to one of our accounts now, that we could say was a wedding gift and leave untouched in the account until the process is over? Would they consider that sufficient come interview time?

Thanks again for any input!

[Randy W]

Unfortunately, it's at the discretion of the VO to determine whether your wife might become a public charge. Jobs are best, by far - a minimum amount of assets is no guarantee of future income.

 

No - transferring assets from another person won't be enough, but, again, that's at the discretion of the VO.

 

It would be best to be able to show that you are at least trying for employment. Showing domicile in the US will also be an issue. Would moving to the US while waiting for the visa be an option for you? I see you've already mentioned that - that may be your best option.

[dnoblett]

60K in the bank wold be just over the line for the 48 states, but not quite enough for HI, or AK.

 

If cash in the bank you should show that it has been there for a while, and not some large deposit like a loan from family that would be returned once having green-card.

[CR1KEY]

Well, it's proving impossible to find a willing joint-sponsor...

 

We'll be ready to send the first package with I-130 etc within the next couple of weeks.

 

I'll be moving back to the US within the next 2 to 3 months to re-establish domicile and find work.

 

Assuming I can find a job that pays 125% of the state's poverty guideline, is there any chance that come i-864 filing time 6 to 7 months down the line, they will deem my current employment as sufficient for me to be the only sponsor if I can provide a letter from my employer and pay stubs? (I may have only been working for three months or so by the time we need to send off the AOS...)

 

Or would I regardless have to wait until I next have to file a tax return showing my new income?

 

Or...? Any other ideas?

 

Thanks in advance again for your helpful suggestions!

[dnoblett]

Well, it's proving impossible to find a willing joint-sponsor...

 

We'll be ready to send the first package with I-130 etc within the next couple of weeks.

 

I'll be moving back to the US within the next 2 to 3 months to re-establish domicile and find work.

 

Assuming I can find a job that pays 125% of the state's poverty guideline, is there any chance that come i-864 filing time 6 to 7 months down the line, they will deem my current employment as sufficient for me to be the only sponsor if I can provide a letter from my employer and pay stubs? (I may have only been working for three months or so by the time we need to send off the AOS...)

 

Or would I regardless have to wait until I next have to file a tax return showing my new income?

 

Or...? Any other ideas?

 

Thanks in advance again for your helpful suggestions!

Yes, it is more than possible, even showing an employer hiring letter stating agreed upon salary can work.

[CR1KEY]

Well that's something of a relief, thanks.

 

Another question... Say we wanted a backup plan, in case they don't like the fact I've only been working a short time, or if I don't find a job that pays over $19,300, or I have trouble finding any job...

 

Her parents may be willing to lend us $60,000 or so to buy a house in my name, which would cover the requirement for assets ($19,300 * 3). We could then sell it again when the process is over.

Would that be an avenue worth pursuing as a backup, and preferable to just a lump sum bank transfer that would show up on bank statements? Or is property not considered a valuable asset in these cases? (difficult to know what resale value would be, not considered very liquid, where would we live if we sold the house, etc...?)

Thanks again!

[dnoblett]

They can catch on to the "60K" loan as asset thing, they usually want to see bank statements going back a way showing asset has been there a while, and not a short term thing that would disappear after getting green-card.

 

Asset would have to be something that could be lived off of for a period of at least 3 years after getting green-card.