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Questions about bringing my wife from the Dominican Republic

enyce2k9
10-22-09, 10:54 PM
Hello all.

I’m a US citizen that met a girl in the Dominican Republic around 3 years ago, married her this summer (July) and want to bring her to New York where I reside.

I filed for the i130 document and received an approval notice (preliminary), the person helping us in this matter filed recently an i129f document which would help my spouse arrive here while we wait for the process.

I am a 23 year old, make around $16,000 a year on free lance computer repairs. However I have never reported taxes and am sure that will be an issue.
I rent a room in a house, have a vehicle, pay all my bills on time, have good credit.
My sister can write up a letter from her company stating that my wife is assured a job there once she arrives.

Person I had in mind as a co-signer is a close cousin who makes around 60K a year. However he co-signed for his wife's brother a few years ago (now her brother is here) and he recently co-signed for another family member that wants to come here.

My questions are the following:
-How would my tax issue affect this?
(Should I pay now, or tax season?)
-I would have to declare a bit more than what I make to meet requirements and pay the adjusted tax right? (
believe its $18,000 or so)
-Is my cousin an option as a co-signer? Or should I find someone else with less obligation?

Well that's about it, I really appreciate your time, Thank you very much.

vietnamkid
10-22-09, 11:25 PM
To petition for you wife, you must file Form I-864 Affidavit of Support. You will need to declare your income from the last three tax years based on your tax returns. If you did not file a tax return for any of those years, you need to explain why. Failure to pay your taxes and file tax returns will negatively impact your chances of petitioning for your wife.

Your cousin can be a joint sponsor on the Affidavit of Support. (There is no such thing as a co-signer in petitioning for a visa for a relative.)

Tim&Bethanie
10-23-09, 04:36 AM
You really need to file your taxes, you might even get something back. You have missed out on the stimulus payment and all sorts by not filing. I wouldn't fudge your taxes by claiming more than you earned if you have a willing joint sponsor. If you don't earn enough, then ya just don't earn enough ya know? That is what a joint sponsor is for.

Raven
10-23-09, 09:25 AM
Iím a US citizen that met a girl in the Dominican Republic around 3 years ago, married her this summer (July) and want to bring her to New York where I reside.

I filed for the i130 document and received an approval notice (preliminary),
What do you mean "preliminary"?

the person helping us in this matter filed recently an i129f document which would help my spouse arrive here while we wait for the process.
The I-129f creates a process of its' own. Yes, it may bring your spouse to the USA a month or a few months sooner, but it will delay the completion and add significantly to the cost. Is it worth it? Given the income that you state, can you afford it?

I am a 23 year old, make around $16,000 a year on free lance computer repairs. However I have never reported taxes and am sure that will be an issue.
You're right about that. Your income is not sufficient for sponsoring an immigrant and submitting a copy of your tax return is a requirement unless your income is below the minimum required for filing, which your's is not.

I rent a room in a house, have a vehicle, pay all my bills on time, have good credit.
My sister can write up a letter from her company stating that my wife is assured a job there once she arrives.
All irrelevant.

Person I had in mind as a co-signer is a close cousin who makes around 60K a year. However he co-signed for his wife's brother a few years ago (now her brother is here) and he recently co-signed for another family member that wants to come here.

My questions are the following:
-How would my tax issue affect this?
(Should I pay now, or tax season?)
-I would have to declare a bit more than what I make to meet requirements and pay the adjusted tax right? (
believe its $18,000 or so)
-Is my cousin an option as a co-signer? Or should I find someone else with less obligation?

Well that's about it, I really appreciate your time, Thank you very much.

Without regard to what you declare as your income for immigration purposes, how are you going to actually house, feed, and clothe your wife when she arrives in the USA? Is your sister or your cousin going to give you some real money in addition to signing documents for you?

You do not give enough information about your cousin's financial status and obligations to guess whether or not he might be a suitable joint sponsor for your wife.

Raven
10-23-09, 09:28 AM
To petition for you wife, you must file Form I-864 Affidavit of Support.

Point of clarification: I-864 is not needed to petition for an immigrant. It is needed later on for the immigrant visa application.

enyce2k9
10-23-09, 02:40 PM
Thanks all for the fast responses!

Raven :

With preliminary approval I meant I received an approval notice about the petition, which I suppose doesn't assure much else other than the case will be looked into.

How much more do you think the i129f will cost me? I'm really not in a situation to fork out big hundreds or thousands if it will just boost a few months :huh:

I can provide for my wife with some savings I have, however that wont be necessary as she will have a job if she makes it here.

My cousin has a stable job and makes around what I mentioned, 60k a year, he was the joint sponsor for a brother of his wife around 2-3 years ago, and he recently 3months or so ago applied as joint sponsor for another relative from his mothers side that wants to come here.

Is there a lag between the times he can serve as joint sponsor? Or is he just able to help me while he is helping someone else at the same time?

Thanks alot for the help!

TracyTN
10-23-09, 02:43 PM
An I 129f filed along with an approved I 130 does not require a fee. It says so right on the instructions for the I 129f. Personally I see no advantage in adding on the I 129f and going for a K3, but - horses for courses.

Raven
10-23-09, 03:37 PM
With preliminary approval I meant I received an approval notice about the petition, which I suppose doesn't assure much else other than the case will be looked into.
The approval notice means that the I-130 case is completed, and your wife is cleared to apply to the Department of State for an immigrant visa.

How much more do you think the i129f will cost me? I'm really not in a situation to fork out big hundreds or thousands if it will just boost a few months
With the approved I-130 your wife can apply for an immigrant visa.
With an approved I-129f your wife can apply for a K3 non-immigrant visa and then, after she comes to the USA, apply for adjustment of status.

You can look up the costs for those applications. Check the Guides & Flowcharts on this web site to make sure you understand what the two approaches involve.

I can provide for my wife with some savings I have, however that wont be necessary as she will have a job if she makes it here.
OK. You can include your savings in your affidavit of support, along with your income.

My cousin has a stable job and makes around what I mentioned, 60k a year, he was the joint sponsor for a brother of his wife around 2-3 years ago, and he recently 3months or so ago applied as joint sponsor for another relative from his mothers side that wants to come here.
You already told us those things. What you still haven't told us is what his total obligations are. I could make an assumption, but I won't.

Is there a lag between the times he can serve as joint sponsor? Or is he just able to help me while he is helping someone else at the same time?
He can be simultaneously sponsoring, or joint sponsoring, as many immigrants as he can afford.

enyce2k9
10-23-09, 07:32 PM
Wow, great info so far :yes:

Raven:

Thanks for answering each question so far, now what I meant with my cousin's obligations is simply his status with all those joint sponsors he's liable for....

Isnt he liable for the immigrants financial security 10 years for each?
(If he helps I will be the third in the boat! so I suppose that's quite an obligation :lol: )

Also, So it's not true what I heard about the joint sponsor having to wait at least 6 months to apply as joint sponsor for someone else?
I keep being told that by some relatives?.

I will now go read the flow charts you mentioned, hopefully I can have an idea of the amount that I'm getting into.

Tim&Bethanie
10-24-09, 07:35 AM
I can provide for my wife with some savings I have, however that wont be necessary as she will have a job if she makes it here.

She won't have a job for probably close to six months after arrival if you go with the K-3 not to mention you will need to added money to pay for the next phase. She will have to go through the adjustment phase in order to get work authorization. If you can't afford this step then it will obviously take longer for her to be employable. The Immigrant visa she can work upon entry once she receives her SS number.

Tim&Bethanie
10-24-09, 07:47 AM
Don't listen to what you "hear", get your facts.

If your cousin is sponsoring two people already plus you that is three, he counts himself and any dependents he has. So if he isn't married and has no dependent children then that number would remain at 4. For each additional family member he has that is dependent on him, you of course add one.

No he is not responsible for each person he sponsors/joint sponsors for ten years. Ten years is a misconception it is 40 quarters of work. If someone doesn't work non stop for ten years then it could be much longer. So if your spouse comes here and never works, never obtains her citizenship then he can be responsible until her or his death.

Raven
10-24-09, 11:13 AM
Isnt he liable for the immigrants financial security 10 years for each?
(If he helps I will be the third in the boat! so I suppose that's quite an obligation )
No. Could be for as short as 5 years or for as long as he lives.

And the immigrant's financial security isn't what he's responsible for. You really ought to read up on what the sponsorship obligations are, if for no other reason than that you are first in line.

Also, So it's not true what I heard about the joint sponsor having to wait at least 6 months to apply as joint sponsor for someone else?
I keep being told that by some relatives?.
Some relatives don't know what they're talking about.

Tim&Bethanie
10-26-09, 11:37 AM
Some relatives don't know what they're talking about.:lol: I have a few of these so called relatives!

enyce2k9
10-29-09, 05:05 PM
Thanks again for all the info folks, my concern for now is my tax issue...

When should I go and file them?

In the visa website my wife is the last step which is just to get a appointment for an interview and I'm afraid I may be running out of time to file, but not sure if I'm better off just waiting for tax season....

enyce2k9
10-29-09, 06:24 PM
Folks just received a large envelope in the mail, unfortunately I'm not quite sure if its good or bad...

I basically received everything I sent with the i129 form (which I mailed just 2 week ago), and in the front theres a letter stating the following:

This is an initial screening. Your petition is being returend to you because:

Our records indicate that you i130 is no longer pending. The i129f K3 petition for your spouse can only be accepted by the service center if the underlying i130 petition is currently pending.

Please someone clarify this to me...:huh:

Tim&Bethanie
10-29-09, 07:31 PM
Folks just received a large envelope in the mail, unfortunately I'm not quite sure if its good or bad...

I basically received everything I sent with the i129 form (which I mailed just 2 week ago), and in the front theres a letter stating the following:

This is an initial screening. Your petition is being returend to you because:

Our records indicate that you i130 is no longer pending. The i129f K3 petition for your spouse can only be accepted by the service center if the underlying i130 petition is currently pending.

Please someone clarify this to me...:huh:

Has your I130 already been approved?NVM

See Ravens post above #8. It sounds like your I-130 has passed up your I129f. Wait to see what others say but this would be my guess and the K-3 is no longer of use. The I130 is the better of the visas anyway. The K-3 is pretty much obsolete except for those in Canada with longer wait times on the IV.

As far as your taxes you need to file them asap. You can probably get the forms online somewhere. Use a tax program to complete this past year and get them submitted.

Raven
10-29-09, 11:27 PM
Folks just received a large envelope in the mail, unfortunately I'm not quite sure if its good or bad...

I basically received everything I sent with the i129 form (which I mailed just 2 week ago), and in the front theres a letter stating the following:

This is an initial screening. Your petition is being returend to you because:

Our records indicate that you i130 is no longer pending. The i129f K3 petition for your spouse can only be accepted by the service center if the underlying i130 petition is currently pending.

Please someone clarify this to me...:huh:

This is amazing - I've never heard of it happening. But it probably should happen a lot. Did they return your check along with the I-129f petition package, or had that been cashed already.

Most people mistakenly believe that the K3 visa is intended to bring the alien spouse to the USA so as to reunite the family while the immigration process goes forward. Even the DoS posts language to this effect on its' web site.

The K3 visa was created to bring the alien spouse to the USA so as to reunite the family while the I-130 gets processed, the I-130 being the first step in the immigration process. At the time, INS and then CIS was taking 1-2 years to process an I-130 petition. Now that CIS is processing I-130 as fast as it is processing I-129f it should probably be rejecting a lot of I-129f petitions filed by a spouse. The problem it was intended to overcome does not exist any more.

enyce2k9
10-30-09, 12:15 AM
Thanks so much for the info raven, the i129f form was filled out by the person helping us out, he sent it ready to me just requiring my signature, no check was sent, he did mention it would cost more but will help bring my spouse faster.

However if what you say is true then I suppose I have nothing to worry about.(about the i130 being processed faster)

By the way heres an image of the letter I received in September the 17th.

http://i590.photobucket.com/albums/ss343/bucketurl/Clipboard02-3.jpg

And heres the online status
(I suppose the next step is just to wait till my spouse is called)
http://i590.photobucket.com/albums/ss343/bucketurl/Clipboard02-2.jpg


Just to confirm one more time, I should just go and pay my taxes for the past 3 years to get that problem out?

I'm just confused on the tax subject, I dont want to pay more than what I should... I mean I have my joint sponsor, but I suppose I have a minimum requirement to fulfil with my yearly incomes?? If possible for example I rather just declare as if I made $12,000 a year for the past 3 years....

I know this may not be the right place to ask that, but just before I head out to one of those tax helpers would be good to confirm one last time...

Tim&Bethanie
10-30-09, 04:34 AM
Doing a return is pretty straightforward and you might want to give it a go yourself first to see if it is manageable. You may find you don't owe anything but are going to get refunds. Did your wife work during the time you have been married? You could apply and get her a tax ID number file married and get a bigger deduction. The tax programs out there make it very simple and I am sure you can still do 08's through one of those, just don't know about the previous two years.

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