jayceebee

Hey guys, I'm new on here. Glad to have found this forum.

I have a question about about it is okay to file for I-129F while overseas? We're both in Australia now and want to file for the petition before he heads home in the later part of the year. We are hoping to only be separated for a short period of time. Will they accept the petition while he is overseas?

Thank you in advance.

Noorah101

Yes, the I-129F can be mailed to the US Service center from overseas. He should have a stable US Mailing address to receive correspondence from USCIS and NVC. Someone in the USA will need to check his mail regularly at that address, in case an RFE is issued, and to let him know when he recieves any correspondence.

Rene

jayceebee

Thanks for replying!

Will they ever ask if that is his permanent address? I am just afraid they would think of him as homeless or something and reject our application.

Also, his proof of income is from Australia. So when he moves back, he will be unemployed till he finds a job. Does this matter? Or will our savings be enough to show as evidence of financial support?

Noorah101

He can use a family member or friend's address, that's fine.

He will need to complete an I-134 affidavit of support for you to take to your K-1 visa interview. I believe his income should be US-based, and since it's not, it probably won't count. He can get someone in the USA (any USC or US PR, age 18 or over, living in the USA) to do an I-134 on your behalf. Or, if he has enough in savings, that might work on the I-134. There is no set amount to show in savings, it will be up to the ConOff to determine if it's "enough". If you want to use your own savings, that might also work, and relieve him of the I-134 requirement completely. Again, depends on how much you have in savings and whether the ConOff is satisfied with that amount.

You can go to www.uscis.gov, Forms, I-134, and read up on what the requirements are.

If he's unemployed when you guys come back to the USA on you K-1, then yes, it will be a problem. After you marry and start filing the AOS, he will need to do another affidavit of support, this time an I-864 (you can find it at the same link as above). He MUST fill this one out, even if his income is zero. He can use assets (savings, yours included), if the amount of savings equals 3x what he would have needed in income. If he doesnt' have that, he'll definitely need a joint sponsor

Look up the I-864P form to see the income requirements for the I-864.

He will also need to provide 3 years of tax returns for your K-1 interview, hopefully he's been filing a US tax return while living overseas.

Rene

jayceebee

Thanks so much for the detailed information!

He has 2 years of tax returns in US and 1 year of tax return in Australia. Hopefully that works!

We have savings in other countries as well. I hope that is enough to show. 125% of poverty line is about $19,000. Do you know how many years of that we have to show?

Thank you so much for answering my questions. I appreciate it!

meauxna

How long has the USC been living in Australia, and with which visa?

What's the reason(s) you've selected the K-1 visa?

jeffreyhy

jcb,

It won't. He should have 3 years of tax returns for the USA.

Regards, JEff

S Folinsky

Comment: I was wondering that myself. But then, I tend to think of the reason the category was created in April 1970. I do bring a historical approach to the subject of immigration.

jayceebee

USC has been in Australia for a year because I've been studying postgrad here.

The reason we are thinking of a K-1 is because we intend to get married there next year. It's more of a personal reason why we want to get married there.

jayceebee

So that means we won't qualify for K-1? If they allow people to file from overseas, surely they might accept tax returns from overseas? We have checked that overseas Americans do not need to file tax returns in the US.

Noorah101

No, it just means he needs to file the one he missed.

USCs are not only allowed to file from overseas, but required to. USCIS will not accept a tax return filed in the overseas country, it has to be filed to the USA.

Who did you check with? If you search the IRS website, it states that US citizens are required to report world-wide earned income on a US tax return when they are overseas. They might not have to PAY any tax, but they are required to file a return, IF they earned enough to warrante filing one.

The easiest remedy for you guys is to have him file the missing US tax return.

Rene

jayceebee

I must have read wrong! We'll work on that right away. Thanks so much!

jeffreyhy

Yes, they do, if they earned more than the minimum amount required for filing a US tax return.

If he earned enough to have to file an Australian tax return then he probably earned enough to be required to file a US tax return. He may not have to pay the US any income tax, but he does have to report his income.

Regards, JEff

jayceebee

I spoke with him this evening and realized he actually filed his taxes last year for 2008. So now he just needs to do it for 2009. And yes I was worried that he has to pay taxes both here and in the US. So that's great he doesn't have to.

jeffreyhy

Nobody has said that he won't have to pay the US any income tax. Both Rene and I said that he may not have to pay the US income tax.

You haven't provided the necessary information, nor should you, to make a definitive statement on the matter.

Regards, JEff