Family and Spouse forms

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Old Oct 18th 2019, 6:44 pm
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Default Family and Spouse forms

Thanks for all the advice in my other posts. This forum really is a gem. Heres a specific bureaucratic question or 2...

I’m currently a legal permanent resident in the USA, my partner and her child from a different relationship are US citizens, born and bred.

Firstly I have enough savings to meet the requirement to go to the U.K. on that alone so I presume we could all leave together - I.e. apply from the USA and travel together to the U.K. (Scotland). That’s the assumption out the way - now the questions...

1) the visa applications are done online via a sequence of forms on .gov.uk. Is there a downloaded set of these anywhere as it’s difficult to see what they are going to ask for overall. In other words, to see the big picture of the application rather than just a sequence of screens. Or is there a guide somewhere going over all the application questions etc. Apologies - Admittedly a bit of an ask.

2) did anyone use immigration lawyers to make the leap back to Blighty?

3) As the returning U.K. citizen are there any forms I must fill in for myself to declare that I’m returning and secondly to say I’m leaving the USA? I’m aware of all the IRS tax and filing requirements by the way.

4) .gov.uk states you’ve got t show proof of the relationship lasting 2 years. Due to some complicated life situations we may not be able to demonstrate that. Anybody with any advice or experience in this area and how you approached it.

Once again thanks for all your collective experience and generosity in considering my sometimes naive and under researched questions.
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Old Oct 18th 2019, 7:01 pm
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Default Re: Family and Spouse forms

Is your "partner" your wife?

If married then it's a different set of documentation to show genuine relationship - specifically, if living together partner, one MUST show living together continuously as man and wife for two years minimum

Notice that you asked similar questions in September 2019 - and you are not married. So the above living together criteria has to be met.

Last edited by SanDiegogirl; Oct 18th 2019 at 7:05 pm.
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Old Oct 18th 2019, 7:34 pm
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Default Re: Family and Spouse forms

Thanks for the reply. We aren’t married yet.

It’s a imilar question just wanted to distill things a little.

So are you saying if we are just partners or husband n wife it’s 2 years in both cases. Or it’s different durations for each situation?

if we live together now and say marry in a few months would the overall time we are together perhaps count or is the clock reset when you marry and the beginning of the 2 year period start over.

Thanks.

Last edited by freerskier; Oct 18th 2019 at 7:40 pm.
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Old Oct 18th 2019, 7:41 pm
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Default Re: Family and Spouse forms

Originally Posted by freerskier
Thanks for the reply.

trs similar question just wanted to distill things a little.

So are you saying if we are just partners or husband n wife it’s 2 years in both cases. Or it’s different durations for each situation?

if we live together now and say marry in a few months would the overall time we are together perhaps count or is the clock reset when you marry and the beginning of the 2 year period start over.

Thanks.

Here's how it goes:

If unmarried, at time of application, one needs to show that you have lived together as man and wife in a genuine relationship (joint financial responsibilities, tenancy/ mortgage proof etc)

If married, at time of application, you do not need to show that you have lived together prior to marriage (even in this day and age some people don/t) but you do have to show that you have a genuine relationship (you have met, known one another for some time, met one another's families, can show photos of time together, photos of the wedding with friends and family). That it is not a marriage of convenience.

If you are sponsoring your partner and child, and the two year co-habitation is going to be difficult to show, then getting married seems the way to go.

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Old Oct 18th 2019, 7:58 pm
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Default Re: Family and Spouse forms

Thanks. Your reply makes perfect sense.

I can’t wait to marry my girl and for us to get on with it.

Cheers.
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Old Oct 19th 2019, 1:04 am
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Default Re: Family and Spouse forms

Get married, become a US citizen and then come back.
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Old Oct 26th 2019, 5:18 am
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Default Re: Family and Spouse forms

Thanks BritinParis.

I haven’t done the us citizen bit yet but could do. What do you see as the distinct advantages of doing this vs just staying as an LPR before going back to the U.K.
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Old Oct 26th 2019, 11:27 am
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Default Re: Family and Spouse forms

Your LPR will expire once you leave the US; citizenship is for life. You’ll always then be able to return to the US should you need to, no questions asked.
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Old Oct 26th 2019, 3:28 pm
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Default Re: Family and Spouse forms

Originally Posted by freerskier
Thanks BritinParis.

I haven’t done the us citizen bit yet but could do. What do you see as the distinct advantages of doing this vs just staying as an LPR before going back to the U.K.
Your LPR will lapse once you leave the US - if you wanted to return to US to live then you start the immigration process from scratch
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Old Oct 26th 2019, 4:07 pm
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Default Re: Family and Spouse forms

Good point. That may not be an issue. I’d have to weigh it up.

if I’d did lapse I’m guessing it wouldn’t affect tax filing. I.e. I’d still have to file with the IRS although dual taxation rules would still apply:
https://m.economictimes.com/nri/nri-...w/16824670.cms
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Old Oct 27th 2019, 12:10 pm
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Default Re: Family and Spouse forms

You’ll need to file tax returns whether you are a citizen or LPR.
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Old Oct 27th 2019, 12:23 pm
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Default Re: Family and Spouse forms

Originally Posted by freerskier
Thanks. Your reply makes perfect sense.

I can’t wait to marry my girl and for us to get on with it.

Cheers.
Don't forget that, as you are not the biological father of the child, you will need to show permission to remove the child from the USA, this must be either a letter from the biological father, or a court order is he isn't available.
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Old Oct 27th 2019, 5:31 pm
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Default Re: Family and Spouse forms

Yep. That’s the thing that will be occupying my next 2 years of legal wrangling.
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Old Nov 5th 2019, 9:24 pm
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Default Re: Family and Spouse forms

I'll bump this to see if any of you know about my first 3 questions - thanks in advance!

1) the visa applications are done online via a sequence of forms on .gov.uk. Is there a downloaded set of these anywhere as it’s difficult to see what they are going to ask for overall. In other words, to see the big picture of the application rather than just a sequence of screens. Or is there a guide somewhere going over all the application questions etc. Apologies - Admittedly a bit of an ask.

2) did anyone use immigration lawyers to make the leap back to Blighty?

3) As the returning U.K. citizen are there any forms I must fill in for myself to declare that I’m returning and secondly to say I’m leaving the USA? I’m aware of all the IRS tax and filing requirements by the way.
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Old Nov 5th 2019, 9:33 pm
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Default Re: Family and Spouse forms

Originally Posted by freerskier
I'll bump this to see if any of you know about my first 3 questions - thanks in advance!

1) the visa applications are done online via a sequence of forms on .gov.uk. Is there a downloaded set of these anywhere as it’s difficult to see what they are going to ask for overall. In other words, to see the big picture of the application rather than just a sequence of screens. Or is there a guide somewhere going over all the application questions etc. Apologies - Admittedly a bit of an ask.

2) did anyone use immigration lawyers to make the leap back to Blighty?

3) As the returning U.K. citizen are there any forms I must fill in for myself to declare that I’m returning and secondly to say I’m leaving the USA? I’m aware of all the IRS tax and filing requirements by the way.
1. Some of the forms have Guidelines .... you need to search for them. Thought the online forms led you through the process in easy steps
2. Some do, some don't. If your situation is straightforward then most don't
3. No.... once you get back presume you'll be working so you'll naturally be in touch with National Insurance office, Tax departments etc.
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