Canadian to marry American outside of our home countries?

[agnelson]

Again, 2555 is not mandatory.

[vogooch]

Thanks for all this info! I definitely would like to do the DCF way if its quickest and if not, then the Cr-1.

I do have a couple of concerns though....

My boyfriend has unfortunately only done his taxes for the first 2 years in the US and the remaining four years he has been in Japan, he has not, and figured he could do it when he is back in the US. Steve had mentioned that if we wanted to do it the DCF way, that we may run into problems if we havent done the taxes. If he does them now, how long do you think it would take and then how much longer would it be to do the DCF way? Anyone have any clue?

In regards to the CR-1 way, it sounds very appealing as many have said that it is faster than the K3 and that you can work right away in the US. My only concern is that we really want to stay together and not separate and when I looked at the details on the Visa Journey site about each visa's pros and cons, it mentioned that the minus of the cr-1 was that "separation from family for sometimes longer than the K-3 or K-1 visa option. Applicant will most likely not be able to enter the US during this time."

Ideally, we would love to get the visa process started now while we are in Japan, then by the time we would leave in the spring, be able to leave japan and head to the US and work right away.

Any advice on which is the best option and why? Very much appreciated!

[Reba]

rebgardless of method of immigrant application, your spouse still must complete his years of back taxes before they will approve his sponsorship petition.

DCF is still your best option if you do not want to be separated for any length of time.

[tropicalpt]

My husband and I just went through a very similar situation. He is American and I am Canadian and we were married overseas. We had both been living outside of our countries for 3-5 years.

After we were married we decided to wait to apply for a green card until he moved back to the US (and I returned to Canada) and now we are wishing we wouldn't have. We thought I would be able to wait in the US as it was being processed, because Canada allows you to wait in the country while permanent residence is being processed. But I am not allowed to visit the US now that I have the I-130 submitted.

I recommend filing your I-130 at the US embassy or consulate. You are in Japan right? The wait time for getting an interview and receiving a green card is significantly shorter at the embassies and consulates. Friends our ours applied there in December and had an interview by March. It can be as short as 3 months at a consulate, whereas if you wait to do it from the US it will probably take a year. Canadians have no priority when it comes to immigration, unfortunately.

Good luck!

[Reba]

You can visit the US while your I-130 is being processed. You just have to show ties to Canada and that you will not try to stay in the US illegally. It's actually easier to do once the I-130 is submitted and started processing. You have that as evidence that you're doing it the legal way.

[tropicalpt]

Thanks Reba. I know that there is that loophole, however I have no ties to Canada as I was living overseas for 5 years and have only returned to Canada to wait out the immigration process while my husband lives and works in the US.

Although you are technically allowed to enter the US, it is at the discretion of the immigration officer and unfortunately I have no proof that I will return to Canada beyond a return ticket. I have lost money in the past over plane tickets, so it just isn't worth the risk.

[Steven]

If he does them now, how long do you think it would take and then how much longer would it be to do the DCF way? Anyone have any clue?

It doesn't matter how you do it, I-485 also requires the tax forms and legally US citizens must file a 1040 every year regardless of this procedure. If you file the back tax forms with 2555-EZ then it's relatively quick - where it can get messy is if you owe back taxes in the US, either because you never paid them before you left or because your foreign income is over the foreign exclusion limit, i.e. once you've done the calculation on Form 2555 you owe the IRS tax money. (This generally only happens if you are earning six figures).

But this is an academic discussion, this must be done regardless of any immigration situation, this is why USCIS wants to see them because they know you must have them and it's the easiest way to demonstrate what your income is.

-- Sat Oct 24, 2009 6:35 pm --

Again, 2555 is not mandatory.

It's applicable in this situation, the sponsor is non-resident for tax purposes from the sounds of it. With DCF they want to see it because it reflects the income of the sponsor as they are claiming an exclusion. We even had someone post on here awhile back and the US consulate specifically asked to see it.

[agnelson]

I'm not saying they should or should not use 2555, I'm simply saying that 2555 or 1116 can be used without prejudice. Several of your posts gave the impression that 2555 was mandatory for any US citizen living abroad. It quite simply is not.

They need to file a 1040, and that is what theconsulate wnats to see. How they choose to legally reduce the US tax, is just that: a choice of either foreign earned income exclusion or foreign tax credit.

Most USC's living in canada should be using 1116 and not 2555, for example.

But 2555 is a choice. 1040 is not.