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Sponsoring my wife
Hi:
I have a sort of complicated question, so hope you'll bear with me a bit.
I am a US citizen, and moved to China in March 2004. I've been living and working there since then.
I got married to a Chinese citizen in China. Our 2nd wedding anniversary would be in May of this year.
I'm hoping to go back to the US before the end of this year and bring her with me on an immigrant visa, and have applied for her around 2 month ago. Now we're at the 2nd step of the process, when we've got to send in the application and the affidavit of support, etc., after which we'd get the interview in Guangzhou.
Looking at the various requirements, I'm starting to realize we've got several problems at this stage:
1. I haven't filed my tax returns since I came to China. I did file the return for 2003 before I came, but not for 2004 and 2005 (I'm planning to do so for 2006). My income in China is way below the $82,000 exemption limit, so I thought that I didn't have to file. But then I saw this passage here :
Has anyone ever filed any late/amended returns from work overseas? What form(s) should be used? How long would it take to take effect?
2. I do not maintain a residence in the States, which would fail the domicile requirement. Can report my parents' place as my place of intended residence in the US?
3. As mentioned, my current income is pretty low by US standards, which means that I'd need a joint sponsor for my wife. Can I use my parents as my joint sponsors? (Would this be a problem if I'm reporting their address as my residence in the US?) I do expect to get a decent paying job once I'm back to the US though, so I would be able to continue support my family once we're in there.
Thanks for all the help that you can provide!
Regards,
Jack
I have a sort of complicated question, so hope you'll bear with me a bit.
I am a US citizen, and moved to China in March 2004. I've been living and working there since then.
I got married to a Chinese citizen in China. Our 2nd wedding anniversary would be in May of this year.
I'm hoping to go back to the US before the end of this year and bring her with me on an immigrant visa, and have applied for her around 2 month ago. Now we're at the 2nd step of the process, when we've got to send in the application and the affidavit of support, etc., after which we'd get the interview in Guangzhou.
Looking at the various requirements, I'm starting to realize we've got several problems at this stage:
1. I haven't filed my tax returns since I came to China. I did file the return for 2003 before I came, but not for 2004 and 2005 (I'm planning to do so for 2006). My income in China is way below the $82,000 exemption limit, so I thought that I didn't have to file. But then I saw this passage here :
State department will never excuse the lack of filing of tax returns for the previous three years, other than when the sponsor was not obligated to file during a given year. There is a statutory requirement that the sponsor must submit tax returns for each of the three years immediately prior to the visa interview in which he or she was obligated to file. Note that Americans and legal permanent residents who are working abroad are required by IRS to file a return even if most or all of their overseas income is excluded from U.S. taxes.
Has anyone ever filed any late/amended returns from work overseas? What form(s) should be used? How long would it take to take effect?
2. I do not maintain a residence in the States, which would fail the domicile requirement. Can report my parents' place as my place of intended residence in the US?
3. As mentioned, my current income is pretty low by US standards, which means that I'd need a joint sponsor for my wife. Can I use my parents as my joint sponsors? (Would this be a problem if I'm reporting their address as my residence in the US?) I do expect to get a decent paying job once I'm back to the US though, so I would be able to continue support my family once we're in there.
Thanks for all the help that you can provide!
Regards,
Jack
