I-864 my wife didn't pay taxes

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watzmann

Registered Users (C)
Hi All ,

my wife is american and she helped me to apply for immigration visa ... we live outside USA and she didn't work before in USA so when we apply for the visa we reached the step of for I864 and stopped because the embessay asked us to find another sponsour as affdavit of support because my wife didn't pay taxes in USA before..... actaully this option is not availble for me to find another person to support.

so we thought that my wife should go to USA and work there , but my question is what is the minimum time that my wife should be working in USA to be elligiable for the form I864

also another question , what if i need to travel with my wife to USA while she started her new job , should i apply for non immigrant visa ?

Thanks in advnace for your answers.

M Farag
 
I-864P shows the required income levels based on your household size.

You can try for the nonimmigrant visa, but you probably won't get it unless it's H1B or L1, because they know you're married to a US citizen and are trying to immigrate.
 
U.S. citizens have the same tax filing requirement regardless of where they live. They only way they can not file taxes is if their income is super low. If your wife had income and did not file taxes, then that was wrong. She should go back and file the taxes, regardless of whether she is sponsoring you or not.
 
O.k , let me tell you more about my situation so you can advice me better

1- my wife didn't work before in USA because she was student
2- i have good finianial situation in my country and i have my job
3- i'm married since 3 years and i applied for the visa 1 year after my marriage
4- after the embessy last reply i didn't follow up with them for more than a year now

I think my situation in front of the embassy is , someone who wish to imigrate to USA but he have real relationship with his wife ..... Do you agree with me on this ?

Also please let me know , are you sure that i cannot apply for a visit visa to USA with my wife ? I think this is weired since my wife is american

Regaring he H1b visa or L1 , is it easy to find a company to support in this if i'm an Engineer ?


Thanks

M Farag
 
watzmann said:
1- my wife didn't work before in USA because she was student
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But did she work outside the US? As a US citizen she's supposed to file US tax returns for her worldwide income, regardless of where in the world she lives, unless her income was low enough to make her exempt from filing taxes.

Regaring he H1b visa or L1 , is it easy to find a company to support in this if i'm an Engineer ?
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For the H1B it's too late, as the whole quota* was used up in April. No more applications accepted until next year April (unless the proposed Comprehensive Immigration Reform becomes law and increases the quota).

The L1 is for transferring you to a US branch/parent/subsidiary of your existing company (or a company you previously worked for during the past 3 years, for at least one continuous year). You'll have to find out from your company whether such transfer opportunities exist and whether you qualify.


*however certain organizations such as universities and nonprofit research organizations are exempt from the H1B quota.
 
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Jackolantern said:
But did she work outside the US? As a US citizen she's supposed to file US tax returns for her worldwide income, regardless of where in the world she lives, unless her income was low enough to make her exempt from filing taxes.
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No she even didn't work outside USA but she can work if that can help in our situation .

What if she travelled to work in the USA , when she can be elligibale to fill up the form I864 again ? Can't i combine her ?

I'm very astonished !
 
So the reason your wife's I-864 is insufficient is because she doesn't have any income right now. Not because of any of this taxes stuff.

If she petitions for you to immigrate, then she will need to move to the U.S. too. And the I-864 can only be based upon income that will continue after the immigrant immigrates. So even if she starts work now outside the U.S., that won't help unless it is work that can be transferred to the U.S.

There is no "minimum time" she has to have worked. If she starts work today in the U.S., theoretically that would work.
 
O.k , i got your point .

Do you advice me to apply for a visit visa now ? So i can travel with my wife from day one with her job.

Do you hink if i have my job here that will support to get this visa ?

Thanks
 
What about your assets?

Assets can be used to offset the income requirement. For marriage to a US citizen, every $3 of acceptable assets offsets $1 of required income.

So for a household size of 2 with an income requirement of $19387, having $19387 x 3 = $58161 would eliminate the need to show any income. Or if she has some income but it's below $19387, use the assets to make up the difference with the 3 to 1 ratio (e.g. $3000 of assets would fill a $1000 income shortfall).
 
I think i'll do the following

1- I'll apply for a visit visa and will see if i can get it espcially my passport is already full of schengen visas
2- my wife will try to find a job in usa
3- i'll look for a job as engineer in USA but i'm not sure if i'm elligable to get the H1b with my engineering bachlorie degree i earned in my country + my experiance

What do you think ?
 
what do you mean by "visit visa"? You could visit the U.S. but then you have to go back to your country and going through the consular processing process, which takes ~1 year.
 
newacct said:
what do you mean by "visit visa"? You could visit the U.S. but then you have to go back to your country and going through the consular processing process, which takes ~1 year.
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This exactly what i wish to do , to visit for a month then come back .... So when my wife travel to work there i can visit her from time to time .

In the same time i'll not reassign of my job in my country untill the process complete.

I have seen a reply above telling that if i applied for a visit visa consular will not approve because they know i want immigrate .
 
watzmann said:
I own around 70k dollar as a home asset , plus around 20k dollar as cash .
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For homes they only count the net equity after subtracting what you owe on the mortgage.

You only need $58161 to eliminate the income requirement, so if that $70K is your net equity, your wife won't need any income.

i'll look for a job as engineer in USA but i'm not sure if i'm elligable to get the H1b with my engineering bachlorie degree i earned in my country + my experiance
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You can't get an H1B this year unless the sponsoring employer is a quota-exempt organization.
 
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