Getting a green card from my step-father? - Page 2

JESSJAME5 · #11 (**permalink**) 9th July 2012, 01:42 AM

Quote:

Originally Posted by twostep

Worth a try. He has filed his US personal tax returns?

No he hasn't filed tax there since he left I don't think - my parents were under the impression he didn't earn enough to file or something? I don't know. But they said they'd file the most recent years if that would count?

Quote:

Originally Posted by twostep

Before you seriously go through the motions - make sure you are willing to accept the privileges AND responsibilities.

What privileges and responsibilities are you referring to? Am I missing something? :S

Quote:

Originally Posted by twostep

I am not sure if your step father has to live in the US or not. Personally I would get an attorney involved.

Not sure either if he has to live in the US, can't seem to find anything on it at all. He would be coming with me for a few weeks when/if I can move there. I think they're going to call the US Embassy soon and ask a few questions. We're going to have to do it all really quickly as I turn 21 at the end of September. I know the process is long for the visa however we did come across something that said speeding up the processing time due to things such as 'almost coming of age'.

Quote:

Originally Posted by twostep

You know that US citizenship does not necessarily mean in-state tuition until you officially reside in a state for one year?

I wouldn't have US citizenship though, just LPR status. And that's okay anyways, I'm studying online anyways so that's that for me.

twostep · #12 (**permalink**) 9th July 2012, 11:45 AM

Quote:

Originally Posted by JESSJAME5

No he hasn't filed tax there since he left I don't think - my parents were under the impression he didn't earn enough to file or something? I don't know. But they said they'd file the most recent years if that would count?.

As Bev already pointed out to you - a US citizen and/or permantent resident is required by law to file annual tax returns.

Quote:

Originally Posted by JESSJAME5

What privileges and responsibilities are you referring to? Am I missing something? :S.

You find the basisc on uscis.gov under "Green Card is granted".

Quote:

Originally Posted by JESSJAME5

Not sure either if he has to live in the US, can't seem to find anything on it at all. He would be coming with me for a few weeks when/if I can move there. I think they're going to call the US Embassy soon and ask a few questions. We're going to have to do it all really quickly as I turn 21 at the end of September. I know the process is long for the visa however we did come across something that said speeding up the processing time due to things such as 'almost coming of age'..

Please keep us posted on the sponsor residence requirements. Thank you.

Quote:

Originally Posted by JESSJAME5

I wouldn't have US citizenship though, just LPR status. And that's okay anyways, I'm studying online anyways so that's that for me.

Good luck!

JESSJAME5 · #13 (**permalink**) 10th July 2012, 03:21 AM

So my step-dad rang the US embassy yesterday here in Australia & they said they can't help us we'd have to call Chicago, so he rang there last night and the guy he spoke to basically said try it, but he can't guarantee anything. He also seemed to be just reading information off of the site and apparently "wasn't quite sure of himself" - which is really no help...

But he also said he doesn't see a problem in the fact that my step-dad lives in Australia, not the US. And my step-dad was just telling me before that he "doesn't have to pay taxes there as he lives here, not there" ... Which I don't see how that's going to work if he does the Affadavit of Support as it asks for your last 3 years tax return..

Basically, we've been told to apply, take the gamble of the $462 for the application, and hope for the best. Tough call.

Bevdeforges · #14 (**permalink**) 10th July 2012, 07:41 AM

Quote:

Originally Posted by JESSJAME5

But he also said he doesn't see a problem in the fact that my step-dad lives in Australia, not the US. And my step-dad was just telling me before that he "doesn't have to pay taxes there as he lives here, not there" ... Which I don't see how that's going to work if he does the Affadavit of Support as it asks for your last 3 years tax return..

It's not a matter of paying taxes, necessarily. But as a US citizen, he is supposed to file a tax return every year that his worldwide income exceeds the filing threshold. (Which, for someone filing as "married, filing separately" is pretty low.)

He needs to back file for 3 or 4 years at a minimum in order to demonstrate that he is eligible for the various exemptions and exclusions and thus owes no tax. Also, if he has bank accounts and/or investments amounting to $10,000 or more outside of the US, he should be filing FBAR reports each year. These are simple declarations of overseas bank accounts, with no taxes due based solely on these reports.

Be aware, too, that if his application to sponsor you is turned down, he's simply out the filing fee.
Cheers,
Bev

twostep · #15 (**permalink**) 10th July 2012, 12:46 PM

Filing annual taxes is one of the obligations of a US citizen and permanent resident:>)

JESSJAME5 · #16 (**permalink**) 11th July 2012, 02:24 AM

Unfortunately for me, my step dad rang the embassy again and this time spoke to someone who actually knew what they were talking about rather than reading off the site. The lady told him that there's no chance really as he lives abroad and doesn't plan to move back there. She also said apparently he would need to establish his residency back there and remain for 10 years (which didn't quite make sense as I could have naturalized after 5 years and gotten citizenship myself?)

But anyways, that's the outcome unfortunately. Looks as though I will again have to explore other options of finding a way to live there.

Bevdeforges · #17 (**permalink**) 11th July 2012, 06:35 AM

Quote:

Originally Posted by JESSJAME5

But anyways, that's the outcome unfortunately. Looks as though I will again have to explore other options of finding a way to live there.

Diversity lottery?
Cheers,
Bev

JESSJAME5 · #18 (**permalink**) 10th August 2012, 03:05 AM

Bumping up the old thread...

My parents are now highly considering moving to the US. Once my mum finishes her PhD she's doing here.. which would be about 2 years time. I'm quite annoyed as by then I'll be 22 going on 23, and the wait time for that visa category is 6-7+ years?

Not sure if it's possible or not for me to apply now, before I turn 21 to "freeze" my age, with their intent of moving in a few years.... It's still a better chance than them having absolutely "no intent" of moving.... Any ideas?

Bevdeforges · #19 (**permalink**) 10th August 2012, 07:06 AM

Until they are actually resident over there, they can't file to sponsor your visa. In the meantime, keep applying for the diversity lottery if you're eligible for it. Stranger things have happened.
Cheers,
Bev

JESSJAME5 · #20 (**permalink**) 13th August 2012, 11:39 PM

Quote:

Originally Posted by Bevdeforges

Until they are actually resident over there, they can't file to sponsor your visa. In the meantime, keep applying for the diversity lottery if you're eligible for it. Stranger things have happened.
Cheers,
Bev

I've seen lots of info pages that have said they can apply for others before moving back there, so that it's a move together. I don't see how a child who's say 11 could stay back in the country whilst their parents move to another country THEN file for them... So, he can sponsor me for the visa before moving while I'm still under 21. I just don't know if it would work NOW as I'm 21 next month, and they don't plan to move for 2 years, so it'd be a matter of dragging out the GC for me, while them proving intentions to move..