I live abroad and would like to sponsor my husband to immigrate to the US. How do I go about it?

I have been living abroad for over 10 years and have never filed income taxes in that time. I don't owe anything, but I know I should have filed anyway, I was just too lazy to figure out how. Now I'm married and am expecting our first child in a few weeks. We're ready to move to the US but I'm worried about the tax thing. Will this be a major issue? Can I overcome this?

Also, is it possible to live in one country but apply for immigration in another? We live in China, but my husband is from a small African country. It would be faster and easier to go through their embassy, but am I allowed to do that? My husband goes there often on business, but I legally reside in China.

Can anyone give me real answers?

Thanks.

Andy

I assume you are a US citizen.

If you did not owe any tax then failure to file is not an offense and there is no penalty.

If your non-liability for tax depends on claiming the foreign earned income exclusion, then you need to file back tax returns for six years (although the IRS is not excluded from demanding earlier returns or claiming tax for earlier years, it generally does not do so, nor does it usually want nonfilers to bother with earlier tax returns).

In general the IRS is glad to cooperate in nonfilers regularizing their status.

If you work in China for a US organization or a subsidiary of one, then your spouse may be eligible for "expedited naturalization" irrespective of never having lived in the USA. Here's an explanation: http://www.ilw.com/articles/2006,0525-mehta.shtm

That implies your remaining abroad for some time, and visiting the USA solely for the naturalization event.

dognhorsemom

The process is long, but is very straightforward. See the reference below for the procedure.

In answer to your specific worries, in order for your husband to get his immigrant visa, since you don't live in the US at present, you will have to convince the interviewing officer that you intend to return to the US with him, to reside there full-time. (See the link for "domicile.")

Since you actually live in China at this time, you might be able to file the petition at the US embassy or consulate nearest where you live. That would save you a lot of time. Most consular sections will not accept petitions from people who don't reside in their districts, however, meaning that you might not be able to file in Africa: you can contact any of them to ask, by email. See the second reference below to locate the consulate you'lll want to ask.

As for your taxes, of course you are required to file every year whether or not you owe anything. You will need to consult the consular section where you file the petition, or where your husand applies for his visa, to find out how to account for your lack of tax reports: it is possible, but some of us are pretty strict. If you have to file 10 years worth of returns late, you can still do that.

Curious1usa

File your taxes, then I'll answer the rest of your questions.

mcbrian2000

simply go to uscis.com. that is the site for all your visa needs.

it is fine, you will be able to do all you want.

Common Sense

Yep, you are going to have problems because of your taxes...
Call the US embassy....
They will be able to tell you the procedures...

CCC

see www.irs.gov
www.uscis.gov

the us and canada all have limits on the time you can spend outside the nation as a perm resident.

Lady Shirley

I was born in the U.S. and I am a U.S. citizen. I've lived in Ireland since 2005. In 2005 I married my Irish born husband in the U.S. We want to sell our home here in Ireland & move to the U.S. My husband is on the VISA waiver program but can you tell me if there is anything we need to do for him BEFORE we move there this summer...2011. He is retired & will be bringing his own government guarenteed pension with him; so will he still need to have a sponsor? Thanks

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