jmarris

My wife (US citizen) has been living with me since July 2008 in the UK on a spousal visa. We have decided to move to the USA and are in the process of applying for my immigrant visa. We have received packet 3 and have sent back DS-230 part one with a cover letter stating that a "readiness to interview" checklist would be sent when all documents have been gathered. Originally we had planned to file the last 3 years taxes as part of the I-184 but my wife was told at the walk in services at the US embassy that it was only necessary to file the most recent,2009. They also suggested that we file jointly on the 1004 even though I am in the process applying for an immigrant visa, and gave her a W-7 form, 1116 and Schedule M.

Are we really better filing jointly? They said there was no need to file 2555 and to use both incomes that were earned in the UK. Can I fill out a W-7 even though I will hoping to obtain a SSN if the immigrant visa is granted (which I have already indicated on the DS-230 part 1).

Now the complicated bit. Our plan is to leave the UK in Sept (we have booked a one-way ticket) to go travelling in Asia for 6 months and hopefully with immigrant visa in place,enter the states together in circa April 2011 to live and work permanently. We will be using my assets for the income requirements for the I-864 as we will be both unemployed when we do get to the states. As my wife's spousal visa expires in July we will need to apply for an extension to stay until September and hopefully have my immigrant visa accepted before we leave. What do people think about our situation and can they foresee any problems for us?

thanks in advance!

Noorah101

I don't know offhand about the tax situation. All I can tell you is that if your USC wife is earning over a certain amount of money per year, she is supposed to file a US tax return each year, even while living abroad. As for whether you should or shouldn't file jointly, I don't know.

But I think I see a problem with your timing. You will most likely get your Immigrant Visa before Sept, assuming all goes well at your interview. You can probably request to have your interview around August. If you get your Immigrant Visa in August, it will be good for 6 months. You will need to enter the USA before February 2011. This conflicts with your plan of entering the USA in April 2011. Even if you get your IV in September, you'd still have to enter the USA before March 2011, still conflicting with your anticipated April 2011 arrival.

My advice is to not set any plan in stone until you have your IV in hand and can see the expiration date on it, and make SURE you enter the USA BEFORE that date.

As for the I-864 and use of your assets, hopefully the asset is cash in the bank. If it's in the form of property or a house, London has been getting VERY picky about using a primary residence as an asset on the I-864. You can try it, but make sure you have a joint sponsor lined up, just in case.

Rene

meauxna

This is a tax filing question that would be better asked in the USA forum. The advice will probably be for you to run the numbers both ways and see which nets you the most.
There is no immigration consequence attached to this part of your question, and yes, you are not yet eligible for a SSN and you won't be until you actually enter the US with your immigrant visa.

Generally, the advice from the IRS in London is very good, so consider carefully what they said.

Why hasn't your wife filed 2009 yet? The tax year in the US is Jan-Dec and the tax returns are due on April 15. US citizens who are temporarily overseas get an automatic 2 month extension (no need to file a request for it) but I don't know offhand if that applies to her since she is there with residency (on reflection, it may). There is another extension she can get by filing for it, that will make her due date in October. This is usually only important if one owes tax... when you do, the tax is due on D-day, even if you get an extension for filing the return.

jeffreyhy

jm,

This "walk in services" is the consular section or the IRS offices?

I don't sleep in restaurants or eat in hotels. Likewise I don't ask the IRS for immigration advice or ask consular officers for tax advice.

Talk to the IRS folks in London about this.

Regards, JEff

jmarris

Thanks Noorah & Meauxna for your imput as always. Overall our DCF in London experience has gone very well, they have been very effecient and so far so good. But yes I am worried about the timing. When my wife was coming to the UK on her spousal visa when it was granted they asked her when she was planning to come to the UK and when she would like the visa to start. She explaned she was planning to spend an additional month to work before she came to UK and they were very accomodating and stamped to start when she requested.

When an IV is granted at the interview process wehave 6 months when we must arrive before it expires. Is it unheard of or possible to request that the IV applys from a particular date to give us more time to enter? When my wife went to the IRS offices at the US embassy they advised that she was OK to file late as long as it was done by June (she was elligible for the 2 month extension). Also if we filed jointly we would be eligible for a higher return but thank you for clearing the SSN issue I had with the W-7.

Jeff, I asked two questions in my OP. One was, as meauxana pointed out was prob better asked on a US forum or Tax. The other was a general request for info on our case and what peple thought on our situation. The IRS walk in was used purely for help with her taxes, she did not mention anything about aplying for an IV or filing any particular visa app forms. They gave her advice and I was just asking a question in reference to it. Just considering what they said.

Noorah101

I have never heard of this happening. To my knowledge, once you attend the interview and you are approved, they retain your passport and put the valid visa in it right away. The only time I've heard of the visa being put in your passport at a later date is when you are not approved at your interview.

I suppose you can attend the interview and be approved, and then tell them you're not ready to receive the visa in your passport yet, and see what they say. But I doubt they will keep that visa approval valid for 6 more months while you travel elsewhere. Your medical or police report might expire...plus you've left the country for an extended period, maybe they would then want to do new security checks...you never know.

Perhaps you could postpone the interview until after you return from your 6-month trip. But then, of course, you won't be traveling straight from Asia to the USA, you'll stop back in the UK for your interview. I still wouldn't recommend that route.

Personally, I think the easiest thing to do would be to request an interview date at the end of August, get your Immigrant Visa, and then take your extended trip to Asia, making sure to enter the USA before your IV expires. The trip to Asia doesn't HAVE to be 6 months, does it? Can't it be 5 months?

Rene

jmarris

Thanks Noorah. No the trip doesnt have to be 6months!My wife has given her notice for September and I will be too. We have been planning going to Asia for quite some time and we booked a one way flight, as her visa was expiring,Im fed up with London and we both wanted a trip before entering and settling down in the states to start a family. The plan was to travel around for as long as our budget lasted, could be 5 months could be 8 we wont know until we out there!We were planning to go to hawaii anyway so if the IV is granted our first stop in the USA would be there.

Once a person enters the states on an IV for the first time,do they have to stay there for a particular length of time or can one enter and leave staright away? If necessary, I could fly back to London, see my family do the interview but as you said they might not look on that favourably especially since I have left the Uk and will have to do another medical anyway after being in Asia for a length of time.

Noorah101

After you enter the USA using the IV, you become a US Permanent Resident. You get your visa "validated", which means it becomes an I-551 (green card), valid for 1 year. So yes, if you enter using the IV, you can turn right around and leave for another few months if you want to. You will have the I-551 (green card) in your passport good for 1 year.

The plastic I-551 (green card) comes in the mail within a few weeks after your arrival in the USA, so make sure you have a stable US mailing address when you enter the USA.

Rene

jmarris

Many thanks for your responses Noorah,much appreciated. I guess we will just explain in the interview our situation and if so, just cut our trip shorter than planned. Either that or get to Hawaii spend a week or so then turn around back to asia which would be financial suicide!!thanks again

Noorah101

Financial suicide...AND you shouldn't really be gone that long continuously after becoming a PR. It's best to keep any visits outside the USA well under 6 months.

Rene

jeffreyhy

jm,

Thanks for clarifying which 'walk in' was used.

Regards, JEff