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Thread: Marriage visa for argentine wife of US citizen 1-864A

  1. #1

    Marriage visa for argentine wife of US citizen 1-864A

    Hi everyone, I'm new to the forum

    I have been living in Argentina legally since 2008 after I came to Chile initially for study. While here I visited Argentina, fell in love and my wife and I have been married since 2007. We both have a 2 year old son who has his full citizenship ( born abroad ) passport and social security.

    Starting about a year ago we felt it was time to consider returning to the US as we want to own our own home and also have better education opportunities for our son, basically start a family and put down roots. The issue is my Argentine wife. She already has her US travel visa, which was fairly easy to get to be honest. We've since traveled to the US to visit twice ( once in 2011 when my father died and a second time in 2013 for about 7 days) and returned both times. We've filed the I-130, paid the fee and US Immigration has agreed to receive her case. I have good employment by argentine standards, however by US standards I don't meet the requirements for the "affadavit of support" so we'll be using my mother as a joint sponsor, who is well above the 125% above poverty line, has taxes in order, has a mortgage etc. My mother will be writing a detailed letter and we also have a joint bank account in the US as well as alot of documentation which proves that my mothers home is where I was living for years before I traveled to south american and stayed.

    My only concern is my employment. While their is a possibility I could work for my employer in the US, the pay will be below the minimum for support so I'm concerned after research that this could be an issue. I guess I could start looking for employement while still here and hope that my mothers joint sponsorship and the fact that we'll be living with her will be enough to convince the consulate officer that we ( my mother and I ) will meet the financial requirements of the "affadavit of support"

    My wife has 2 degrees and worked as a teacher with kids with learning disability ( which she hopes to pursue in the Us ) and she is proficient in both english and spanish. As a matter of fact, even if we immigrate to the US, her employer will guarantee her job up to like 7 years of at anytime we wanted to return ( even though these aren't our plans ) Is their any advice any of you could give me before we submit all of this paperwork to schedule the interview? I'm pretty confident we'll have no problems proving our marriage relationship, it's just the support issue that has me scrathcing my head a bit? I've seen where this depends on the consulate officer: some will see join sponsorhsip as enough and others will want harder concrete proof of financial support I guess.

    Any input is greatly appreciated

  2. #2
    Quote Originally Posted by EricBlueFiddle View Post
    Hi everyone, I'm new to the forum

    I have been living in Argentina legally since 2008 after I came to Chile initially for study. While here I visited Argentina, fell in love and my wife and I have been married since 2007. We both have a 2 year old son who has his full citizenship ( born abroad ) passport and social security.

    Starting about a year ago we felt it was time to consider returning to the US as we want to own our own home and also have better education opportunities for our son, basically start a family and put down roots. The issue is my Argentine wife. She already has her US travel visa, which was fairly easy to get to be honest. We've since traveled to the US to visit twice ( once in 2011 when my father died and a second time in 2013 for about 7 days) and returned both times. We've filed the I-130, paid the fee and US Immigration has agreed to receive her case. I have good employment by argentine standards, however by US standards I don't meet the requirements for the "affadavit of support" so we'll be using my mother as a joint sponsor, who is well above the 125% above poverty line, has taxes in order, has a mortgage etc. My mother will be writing a detailed letter and we also have a joint bank account in the US as well as alot of documentation which proves that my mothers home is where I was living for years before I traveled to south american and stayed.

    My only concern is my employment. While their is a possibility I could work for my employer in the US, the pay will be below the minimum for support so I'm concerned after research that this could be an issue. I guess I could start looking for employement while still here and hope that my mothers joint sponsorship and the fact that we'll be living with her will be enough to convince the consulate officer that we ( my mother and I ) will meet the financial requirements of the "affadavit of support"

    My wife has 2 degrees and worked as a teacher with kids with learning disability ( which she hopes to pursue in the Us ) and she is proficient in both english and spanish. As a matter of fact, even if we immigrate to the US, her employer will guarantee her job up to like 7 years of at anytime we wanted to return ( even though these aren't our plans ) Is their any advice any of you could give me before we submit all of this paperwork to schedule the interview? I'm pretty confident we'll have no problems proving our marriage relationship, it's just the support issue that has me scrathcing my head a bit? I've seen where this depends on the consulate officer: some will see join sponsorhsip as enough and others will want harder concrete proof of financial support I guess.

    Any input is greatly appreciated
    As long as you have a joint sponsor, there should be no issue related to your income, especially as you are just returning from living abroad. I would suggest you obtain proof of the ability to work in the U.S. with your current employer as evidence that you intend to make the U.S. your domicile once more.

  3. #3
    Quote Originally Posted by Lisaanderson View Post
    As long as you have a joint sponsor, there should be no issue related to your income, especially as you are just returning from living abroad. I would suggest you obtain proof of the ability to work in the U.S. with your current employer as evidence that you intend to make the U.S. your domicile once more.
    Ok that's great advice and thanks for that! How could I obtain proof to work with my current employer in the US? I say that because our joint sponsor lives at my old domicile in Florida where I lived before I came here and married my wife, yet my argentine employers satellite offices are in Austin and San Antonio Texas respectively? So, your implying that I obtain just a notarized and signed document from my employer stating that I COULD technically WORK for my employer in the U.S. or? On another note: I've also begun to send my resume to new potential employers in the Central Florida area as well as looking into child care for our son ( which is something we'll most likely need anyways. I'm told this is looked upon favorably by immigration as proof towards re-establishing domicile.

    One other question:

    I'm trying to get caught up with filing my taxes however, it's not clear as to "HOW" we should file that will be looked upon most favorably by immigration. For example, I have to catch up and file "2011/2012/2013" under a special "Streamlined Foreign Offshore Procedures" prorgam by the IRS. In "2011" and "2012" I was technically "self-employed" and paid under the table and actually it looks like my total earnings are going to be so low, we may not even have to file those 2 years anyways.

    So, we are thinking of filing as "married separately for 2011-2012" since honestly, at that time we weren't planning on returning to the US and also because my wife is a NRA and doesn't have the special number from the IRS. Then for 2013 - 2014 file as "Head Of Household" ( which I can do because we are living abroad and our 2 year old son was born in 2012 ) for my current job which I do make enough to where I'll have to file.

    However, there's a catch - We've read where immigration doesn't look favorably upon filing as "Head Of Household" when applying for a marriage visa because to them it sends red-flags about the validity of the marriage. So we've read that many lawyers recommend filing jointly? I mean, will it look weird to immigration to have some years filed differently than others? Even so, here's another catch: At this stage, to do that, we'd have to hire a special service, file paperwork, physically mail my wifes Arg passport ot the IRS and then potentially have to wait 8 more weeks to get her a special number ( because she doesn't have a social security number ) and THEN file jointly. Yet this will mean we'll need to ask for an extension and be late in filing ( although living abroad we have more time I think to file? ) We just want to file in the correct way that will be looked upon most favorably by immigration as there is some conflicting information out there

    Does ANYONE have any special insight they can offer us on this issue? If not, I guess I'll have to try and talk to an immigration lawyer to make sure, I dunno. Either way we've purchased a great book online written by immigration lawyers that explains everything in great detail.
    Last edited by EricBlueFiddle; 02-20-2015 at 08:52 AM.

  4. #4
    You cant file your taxes as Head of Household (HH) since you are married. You can file your taxes as Married Filing Jointly (MFJ) or Married Filing Separate (MFS). If you file MFJ she can apply for an ITIN when you submit your taxes by mail. You would mail your completed tax return along with the required documents for your wife's ITIN application to Austin TX.

  5. #5
    Quote Originally Posted by jwmatorres View Post
    You cant file your taxes as Head of Household (HH) since you are married. You can file your taxes as Married Filing Jointly (MFJ) or Married Filing Separate (MFS). If you file MFJ she can apply for an ITIN when you submit your taxes by mail. You would mail your completed tax return along with the required documents for your wife's ITIN application to Austin TX.
    Ok great.....thank you...I think we are going to be filing married separately and just writing in "NRA" for my wife per instructions from the IRS website

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