Help with my wife

[devinr12]

Reading online is somewhat confusing, so I felt as if I should post here. I am a US Citizen, born in the United States to two American parents etc. My wife is a Colombian citizen (not the marriage for papers type) and she is currently in the United States on a tourist visa that has almost 10 more years of validity. Last year, while she was in United States on a Student Visa, she gave birth to our first child. He was born in the USA and is a resident of only the United States. My work is not of the normal variety, and I would prefer not to have the government peering into my financials, as I have spent many years overseas (read: not paying taxes). My father has agreed to file all the paperwork for an affidavit of support, or whatever needs filed.

What I would like to do is get my wife residency, or a green card, or whatever comes first. She is currently in the USA, so does that mean I file for an adjustment of status? Does my dad need to file an affidavit of support with the first paperwork, the I-130? Which paperwork do I file? Do I do the 130 and 485 at the same time? Which affidavit of support 134 or 864? Should my wife stay in the USA while we file the paperwork, or should we both return to Colombia? We arent necessarily in a hurry, as money is not necessarily a problem and we are more focused on raising our son.

*Apologize for misspelling and what not, on a spanish computer

[devinr12]

nothing, anyone? Please help.

[inadmissible]

1. You are mistaking the validity of the "visa sticker" in her passport with her "admission stamp" which has a date handwritten in when her "period of authorized stay" ends.

2. Since she is in the United States, you should concurrently file the alien relative petition (I-130) along with the application to adjust status (I-485). Each form has a list of supporting documents needed. Adjustment of status is quick and painless, compared to the process abroad. Also, if she has exceeded her period of authorized stay, it will be forgiven during the adjustment process. On the hand, aliens who depart after overstaying face additional complications.

3. Both you and your dad file I-864, Affidavit of Support. Each of your household members file I-864a. In lieu of tax returns, you will have to write an explanation as to why you were not required to file the tax returns in question. Because the statement is a supplement to the affidavit, you are making the statement under penalty of perjury. You seem quite comfortable with that, but I do recommend that you engage a tax professional to prepare mock tax returns so you definitively know what it would cost you to gain compliance with the law. It may turn out to be less than you expect, and may be worth the price of avoiding any issues with your wife's adjustment of status.

4. Green cards are issued to Lawful Permanent Residents, which your wife will be after approval of her adjustment of status application. The phrase GC and LPR are often used interchangeably to describe this process and its outcome.

5. Both the United States and Colombia allow multiple citizenships. A child born to a Columbian citizen in the United States is born with both citizenships. Does it makes sense to deprive him of a privilege that he may some day enjoy? Consider having your wife register his birth at a Columbian consulate.

[devinr12]

Would it be possible for only my father to file an affadavit of support, not me? Lets say I have no income, but my family is rich, how does that work?

I would also like my son to have Colombian citizenship, but it just creates such a hassle due to strict laws in Colombia. For example, every time he were to leave the country(Colombia) he would need a notarized document from both parents saying that he is allowed to leave.

The big issue to me is the affadavit of support. Can I avoid filling out any affadavit of support at all, and have only my father fill one out?

[samlynn]

Only you as the husband can file those forms and then your father would only be providing support. So you have the legal reason to file the forms and he has the financial support. He has no legal reason to file those papers alone. That would be like trying to get legal status for a stranger, it wouldn't work.

[inadmissible]

Are you sure filing tax returns is such a huge burden? The foreign earned income exclusion has been $91,500 for 2010, $92,900 for 2011, $95,100 for 2012, $97,600 for 2013, and $99,200 for 2014.

[devinr12]

Issue is I do not qualify for the foreign exemption, since I have not met the threshold for days outside of the United States. I was in the USA more then a month every one of those years.

[inadmissible]

I am not sure what the issue is.

What is the point of getting your wife PR if you aren't going to live in the United States? If you want to live in the United States, what is the point of living in fear of a 1-3 year prison sentence (26USC7203 or 26USC7201)? If "money is not an issue" and your "family is rich", what is the point of not paying bills that are due? You won't get in trouble for filing back taxes, you just get a big bill, which you can pay on an installment plan. If your dad has the money, and you have limited assets, you can wipe your slate clean at a modest expense with an Offer In Compromise. If you earned money illegally, you don't have to explain that to the IRS.

[devinr12]

I was just asking a question. I would like my wife to have residency so she can work, because that is what she wants to do. I was simply asking if we would both have to file, or if just my father could file that part. I understand the penalties, and I was not saying my family is rich, I was saying that hypothetically.

[inadmissible]

I didn't mean to sound harsh. The petitioner of a family based immigrant visa petition has to file an affidavit of support. There is no way around it. The only exceptions to the affidavit of support requirement to include tax transcripts (or the tax returns themselves) showing past year returns is a supplementary affidavit attesting as to why the petitioner was not required to file tax returns.

[mastpakistani]

I am not an expert but here is the basic knowledge I have...You just need i130, once approved they(USCIS) will send the file to nvc and there you need to provide I864 affidavit of support. It has to be you and if you don't have enough income then it's your father also need to provide I864 under his name.
Your marriage certificate
Police certificate ( not sure for person residing in US)
Birth Certificate
Valid passport
Photos (passport size)

This is not difficult as its matter of time and I believe you need to apply for adjustment of status If your wife is in living in US

Go to
http://travel.state.gov/contenthttps://www.immihelp.com/usa-visas/english/immigrate/family.html

Everything you need is here and be straight and factual don't lie it will create problems for you

Good luck

[devinr12]

Thanks for the help. I traveled the last 10 years or so, and have not filed taxes since I was working side jobs in college. I have made money, but have no clue how much, with no paperwork to support it. I have had no issues with the IRS to date, and my biggest concern is if filing this paperwork will open up an entirely new can of worms. I am doing my best to get current, but its a lot easier said then done. Do the agencies work together? Would filing this paperwork get me in trouble with the IRS?