Aashish_Gonzalez

Hi,

I am an indian citizen married last month to an american citizen(my wife). Marriage took place in India. She has not maintained domicile in the US meaning she has been staying in India for 10 years or so pursuing her studies. Now that we are married, we intend to go to the US for good. My question is this.

1. Is it better for me to apply for K-3 visa and then go for AOS in the US? I would like to say that my wife does have some assets in the US. How long does it take and what are the drawbacks? Would i need to hire an attorney for this purpose? Which are the best attorneys or websites for this service?

2. Is it better for me to wait and apply for Green card after she has filed her taxes in the US? For this she needs to first get a job and I need to know how long this process will take for the GC?

We would not like to be seperated. Kindly anyone tell the better option for us. Thanks.

Noorah101

Your best bet, since your USC wife has been living so long in India, is to file the I-130 directly at the correct US Embassy in India (not sure which city this is in). She will have to file US back taxes that she missed, and she will have to qualify for the Affidavit of Support (form I-864). If she doesn't qualify for that, you can use assets if they have enough value, or you can use a joint sponsor who lives in the USA.

Go to www.uscis.gov, Immigration Forms, I-864 and I-864P to see the Affidavit of Support and how much she will need to show she earns. Also go to that site and read upon the I-130. This is the form she will submit to the embassy.

Do a search on "DCF India" on this forum, you will probably find some useful information. DCF refers to Direct Consular Filing.

Best Wishes,
Rene

Aashish_Gonzalez

Thanks Rene. We have a joint sponsor in the US. And by the way, we have enough assets in the US. So in this case, do we really need a joint sponsor and does my USC wife have to file taxes to be eligible for I-864. She has not been working till now. she just completed her studies. Thanks again

wildestkabs

New Delhi.

Noorah101

Yes, your wife will still look into filing back taxes for the I-864. At least the past 3 years worth. If she didn't work and earn enough to be required to file taxes, then she should get a statement from IRS stating so. Ask at the US embassy there, they might have a department to help USC's with their tax quesitons.

If you have enough in assets (either in India or in the USA), then you don't need a joint sponsor. Assets belonging to the USC must be 3x the amount needed in income.

Best Wishes,
Rene

Aashish_Gonzalez

Thanks Rene. One more question. My wife has a bank account in the US started by her dad. in her name. Does she have to file tax returns on the interest recieved to her from this account. Will this do for I-864? She has no other income in india. Can we e-file these tax for the three years?

Noorah101

Usually interest income is included in a tax return, yes. However, if the interest earned is below a certain level per year, she still may not be required to file a tax return.

Try searching www.irs.gov for the answers to your tax questions, or see if the US Embassy has a section dealing with US taxes.

Rene

Aashish_Gonzalez

Hi Rene,

We have just filled in forms 1040 for my USC wife and was wondering how to e-file it for the last three years. Could you tell us if we can efile for the last three years and also how to obtain the tax transcripts to show to USCIS?

One more question: What are the documents to proove the domicile issue since my USCwife has been in india for a long time? Are there any formats? Thanks

meauxna

All the 'official' links regarding domicile have been gathered in this thread: http://www.familybasedimmigration.co...read.php?t=824

Usually as long as the US citizen is making a credible *effort* at *re-establishing* domicile, her I-864 will be accepted.
You'll get some good document and action ideas from the links.

Voting, banking, paying taxes, getting housing arranged, enrolling kids in school, getting employement started etc

Aashish_Gonzalez

thanks a lot!! But i am still getting bugged with some issues.

1. I called up IRS and they say , that i can only E-file for 2006. For 2005,2004 i need to send by mail. And they say, it takes 8 weeks for IRS to approve the returns. In this case how do i get my tax transcript to show to USCIS? Is it enough if i take photocopy of my returns along with 1099's for the three years before mailing it to IRS? Will that do?

2. My birth certificate has a small spelling mistake in my name. When i went to them, they say, they can not change it in any case? Is it ok, if i attach an notorized affidavit from my parents for the birth certificate? Does anyone have the format of the affidavit for such a situation?

3. Could you also help me with Police clearance certificate format? If there is a format available , please send it across. Do i need to get clearance for all the years from my 16th birthday?

ian-mstm

This should be fine. Transcripts are easier to deal with, but USCIS *will* accept a photocopy of your returns.


You will have to contact the police authority in *every* country that you have *lived* for more than 6 months since you turned 16. There may be a form but that would depend on the specific country... if there is a form, the police will provide it.

Ian

meauxna

You don't have to wait to get anything back from the IRS. You may present a photocopy (originals to the interview) of your filed returns.
The instructions on I-864 spell out what all you need to include.

Aashish_Gonzalez

thanks guys.. can you please add something on the birth certificate issue. Will the spelling error be a problem ?

Noorah101

We can't tell you for sure if it will be a problem. But having a statement to include with it describing the discrepancy would probably be a good idea, to alleviate a potential problem.

Rene

ian-mstm

Perhaps you should call USCIS and ask them!

Ian