Stuck - Immigration To The Usa

[billstarbuck]

We're stuck. I am petitioning for my Thai wife to immigrate to the USA. She lived in the states for 7 years, we have two children (both US citizens). She/we had to return to Thailand for two years because of the J1 visa restriction, which is over very soon.

We'll I've paid all the fees and submitted most of the documents. But I cannot submit 864 as I have not done my taxes - a very difficult understaking as I am in Thailand now. I need to be in the US to do the preparation, but I do not want to return to the US without them, our youngest is 4 months old. I emailed the Embassy in BKK - they said it's not likely that she can get a non-immigrant Visa as we are already trying for a immigrant visa.

Can she go back to the USA without finishing the petition? If so, how?

-Thanks in advance

[puyaidon]

There are US tax consultants (US citizens) in Thailand who assist US citizens with their taxes. Form 864 can be downloaded frmo the uscis.gov web site. It is a long form but most is just how to fill out the form. Probably only 6-7 pages is what needs to file in. Did you have any US taxable income? One part of the tax code states a figure that most might not make in a year. Thailand and the US have a dual-taxation treaty so some or all Thai income is exempt from US taxes. The US Embassy, American Citizen Services, has tax forms but most can be downloaded.

[thaihome]

The OP is not clear on where in the process he is now. Since he apparently lives in Thailand, has he submitted the I-130 to the USCIS Bangkok office and got the approval? Is he now compelting the packect 3 (or 4, not sure) forms that are submitted to the Consulate after the I-130 approval?

Filing your 2009 return should be easy and can be done in Thailand with little trouble. Why do you think you need to be in the US to do it? It can't be that hard.

It is true, the Consulate is unlikely to give a tourist visa with a pending immigrant visa application.

Get your taxes done and complete the immigration process.

TH

[billstarbuck]

I am self employed and have 2 LLCs - It's somewhat complicated to simply file (all my documents are in the USA). All work/income is American. I filed for the petition from the USA not BKK. I was planning to send to required to documents to my Aunt and then have her send them in. I/we do have an empty house in America.