Diane

First, I have a lawyer heling me out, but I'm unsure of her advice,
and I'm anxious about the whole situation. I've filed a I-130,
recieved teh reciept and sent the 129 app in. But our situation is
this: my european husband and I got married 5 years ago, I didn't make
enough money at the time, we never filed, ( We were just NAIVE) then
both moved to france for 2 years, adn now want to return here. i am
living here, working and able to sign his affidavid, and like i said,
have a lawyer helping out. Because he had a m1 student visa, normally
he would have a D/s exemption from the ban, but his I94 had a date, so
we will not be giving this to immigration. My lawyer says, well,
maybe they dont have that info. we'll see. If he is denyed on the
basis of his 10 year ban we will appeal, my parents are both disabled
and need my help, so we have a shot.
Anyway, my question is this: This is taking a LONG time, as you all
know, and were bth sick of it. My lawyer says I need to stay here
working to fill out his affidavid of support, but do I really? WIll
they consider our income in a foreign country if I go there to live
with him. ( I have only made teh required amount a few months now,
she says that should be okay as long as I have the job when they look
at the papers).
I've never been so torn in all my life, its crazy to be apart, the
wait and not knowing is maddening. We just want to be together- do we
have more options than we know? Its looking like jan, feb, when we
will have it all reviewd at the consulate, but if we have to appeal,
it could be even more- its already been a year...

THANK YOU FOR ANY ADVICE

CharlieS

If you move to your husbands country and manage to make enough to meet the poverty guideline, wouldn't that income become moot when you both moved back to the USA and therefore not admissable?

Pallyn

If he is denyed on the
basis of his 10 year ban we will appeal, my parents are both disabled
and need my help, so we have a shot.

If you are going to argue (as part of a hardship waiver for the ban) that your disabled parents need your help, leaving them to be with your husband will not help that case. Also, you need to document that your husband will not become a public charge in the US, and I don't think that the income you used to make abroad will help that at all.

BeachBunny

I agree with the above. If you take off to wait out the time with your husband then you are showing your parents can survive without you.. AND IMHO more importantly... that you can survive in your husbands home country.

JnB637

Hey guys.. whats consider income? the thing is that i dotn know if i should get a co-sponcer since i own some business in mexico and i currently have around $20,000 in the bank account. The thing is that i dont file taxes in the US because the money i get is from my businessess that are out of country. My wife doesnt work either because shes a student. I was wondering if the money i have in the bank and some proves that we have enough money to meet the poverty line. Thanks for any help

Folinskyinla

Hi:

1. You don't have enough in the way of assets in any case here -- you need 5 times the 125% guidelines in fairly liguid assets.

2. You need that co-sponsor.

3. Its not a good idea to break the tax the laws.

4. Legalities aside, it is a dumb move to confess to crime on the internet unless you are quite technically proficient at covering your tracks.

Folinskyinla

Hi:

Your statement of facts on whether or not he would be subject to the 10 year bar is confusing and self-contradictory.

I, for one, can't tell whether he is subject to it or not.

JnB637

Well, the reason i dont file taxes here its because Im only 19 and i dont have a social security card yet. That means i still need a co-sponser right? Do i need the original tax return from them? Thanks

JnB637

Why am i breaking the laws? and why is it a crime?

I barely got married like 3 months ago and so far so good. I was given a clothing store from my parents for our wedding gift. I have not lied in my life nor intend to. I havent broken any laws or anything like that.

Folinskyinla

Hi:

My apologies. I try to avoid assuming facts in responding to NG's -- and sometimes it happens.

You give your date of entry in your timeline. I will admit that I had assumed that you owned your business since then. Now you say otherwise.

I am confident that you will pay the US income taxes due from your business abroad.

Good luck.

JnB637

No problem and sorry for the confusion. Thankssssssssss alot!

I apreciate all your responces.

Andrew Defaria

JnB637 wrote:

    > Well, the reason i dont file taxes here its because Im only 19 and i
    > dont have a social security card yet. That means i still need a
    > co-sponser right? Do i need the original tax return from them? Thanks

I got my SS card at 14. My daughter got her's when she was 2! Why don't
you have yours?

--
... File not found. Should I fake it? (Y/N)

Marcin

    >
    > > I am confident that you will pay the US income taxes due from your
    > > business abroad.
    >

Hi,
Folinskyinla – I do not know why but I always enjoy your
responses on the forum. It’s not about subject –
immigration – but about the way you express them, short, concise
and damn to the point - I especially liked the one with McDonalds
– u cannot have immigration ur own way :-)))). Anyways I read
somewhere that if a USC does not make more than 80k$ a year abroad
(s)he does not have to pay taxes in USA. let’s hope that applies
to our young entrepreneur ? One has to file IRS forms though I think.

Marcin

Mrtravel

marcin wrote:

    >>
    >>>I am confident that you will pay the US income taxes due from your
    >>>business abroad.

    > Hi,
    > Folinskyinla – I do not know why but I always enjoy your
    > responses on the forum. It’s not about subject –
    > immigration – but about the way you express them, short, concise
    > and damn to the point - I especially liked the one with McDonalds
    > – u cannot have immigration ur own way :-)))). Anyways I read
    > somewhere that if a USC does not make more than 80k$ a year abroad
    > (s)he does not have to pay taxes in USA. let’s hope that applies
    > to our young entrepreneur ? One has to file IRS forms though I think.
    >
    > Marcin

Not all income is subject to the exclusion, and even income subject to
the exclusion still has to be declared.

Folinskyinla

Hi:

Burger King, not MacDonalds. Micky D might get upset on that one.