Hello my husband and I will be moving back to the states (from the UK)around March/ April 2010 and have been looking at getting him a green card (i'm American) now what we want to know is would anyone advice us to go ahead and fill in the application on our own? We've had a look and it seems pretty much straightforward, but some people have said that we should get a Lawyer and have them do all the paper work....but isnt that a waste of money? Has anyone done this on their own and been succesful? Hope someone can help!

Hi and Welcome to BE.

What you will probably be doing is called "DCF" or "Direct Consular Filing" on this forum. Many people on here have done this process without the help of a lawyer. Try doing a little search on here using those terms, and come on back with any questions.

If you or your husband have any past immigration issues or criminal history, it's a good idea to have at least a consultation with an immigration attorney.

Best Wishes,
Rene

It's impossible to tell you if you can/should do it yourself or not. Some people like doing this sort of thing, some hate it, so it depends on your nature. Rene gave you a good tip; read several of the stories from others over the next day or so and you will start to get an idea.
Read the first link in my siggy a couple of times, then the 2nd one.

It's going to take at least 5 months; you do need to get skates on.
Have you been filing your US tax returns?
You should also immediately download and read I-864 + instructions, from uscis.gov & the Forms tab. That will be the most challenging document for most people but it is not due until the very end of the process.

We did it (DCF case) on our own, and were successful.

thanks for the advice! we will have a look at these asap. The only thing worrying me now is why do you ask if i have been filing my tax returns? i didnt think i had to if i wasn't working in the states? I'm worried now....

US citizens are required by law to file US tax returns on worldwide income, even if they are not currently living in the USA. If you don't earn enough to warrant filing, that's one thing....but in general, USC's are supposed to report worldwide income and file a yearly tax return.

You will have to make up for that in order to qualify for DCF - the IRS has a section in the US Embassy in London which I've heard is very helpful. You'll need to file your most recent 3 years of tax returns in order for your husband to get his Immigrant Visa.

Rene

Hi:

It is true that if you are not working, you do not need to file a tax return. However, the addition of the phrase "in the states" muddies up your statement in that it contains an implication that you need not file a tax return if you working outside the US.

However, the I-864 affidavit of support asks about your tax returns. Note that it asks for your last three returns. So lets say you last worked in 2006, you would put in your tax returns for 2006, 2005 and 2004 and indicate you had no income subsequently.

If it is your plan to continue not working upon return to the States, there is a problem area which is beyond the scope of your guestion.

The first link in my signature explains the process and about the tax returns.
US citizens must report their worldwide income; fortunately, the IRS in London is very reportedly very nice and used to folks in your situation.
http://www.usembassy.org.uk/irs/index.htm

Thanks for that...so, i take it my next move should be to take care of this before even filling out the application for my husband? I have been working here in the UK since 2006 and the last tax return I filed was in the year 2005 when i was still living in the USA. I'm scared now...

It's not anything to be scared of or worry about. You are not the first USC to misunderstand about filing tax returns, and the IRS Dept in London realizes this, and again I've heard they are very helpful and accommodating in assisting you in filing your late returns. Do a search on this forum again for that, and you'll find plenty of others who have been in your shoes.

I would not wait for the tax return issue to get resolved first, especially if you're wanting to move over in April 2010. Go ahead and file the I-130 and at the same time, get your taxes in order. The tax information won't be required until the very end, at the visa interview.

Rene

Stop being scared, you're not hearing.

1) This is very common. Most US citizens think as you did. Now you've been informed. It's not hard to fix.

2) The tax returns aren't required until the very end of the process, about 5 months from now. You can start the first part, the petition, without your tax returns. Again, the process is spelled out in easy to understand terms in the link. There are two major components to the application: the petition, and the visa application.

3) There is a tax treaty that exempts something like the first $86000 of your foreign-earned/taxed income, so you will not be paying tax to the IRS, just reporting that you earned money in the UK, paid tax in the UK, and are informing the US about it. There is a very good wiki entry here at BE about it, from someone who was in your exact shoes. Have a look there also.

First thing to do is take all this disparate info that's being blasted at you and try to get it sorted out in your own mind. I wrote it all down on paper, like a flow chart, because that helps me understand things. Others use other methods, but I recommend getting a clear picture of the process (not necessarily the details) before you charge into anything.

It's really like learning a new language; give yourself a few days to let it sink in, and for some of these new terms to make sense.

TGw,

A lot of people seem to be unaware that US citizens (and LPRs, if they want to remain LPRs) have to report their income to the IRS no matter where in the world they live and work.

You may not owe any tax on your income, but you do have to report it.

Regards, JEff

Thanks to everyone who has replied...i think i will write these things down to help us out more..it is a lot to take in. thanks!

Hi just one more question...so looks like we need to file the I-130 (which is $355) and the I-864 ($70).....will that be the only forms we need to fill and pay for? Again, thanks for all your help and advice...just want to make sure we do things right. oh and I've started looking at my tax return issues too!

If you are filing at the US Consulate in London, there is no fee for the I-864 filing. Have you looked at the links that Meauxna has given you? They are under her signature.

There is the filing fee for the I-130 and then the fee for the medical, police report and the visa fee and courier fee. The visa fee is set out in the US Consulate's website.

AUGH! I want to scream!!! medical? police report? visa fee? i take it this fee has nothing to do with the I-130? *sigh* We knew our decision was not going to be an easy one...but all these new things keep coming up and I find myself getting more stressed. Back to my list...right so im going to file the I-864 and I-130 for husband....once i've done that we need a medical and police report...i take it we must get this done after filing the applications? SOOOOO glad we found this website! everyone's been very helpful!