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I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spouse.

I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spouse.

Old May 19th 2019, 1:59 am
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Post I-864 HELP - UKC is intending immigrant and also the sponsor's (USC) spouse.

Hi,

I am so grateful to have stumbled across this forum as it has been able to answer so many of my queries throughout the CR1 visa process so far but as my situation is so unique I am not able to find any guidance on my specific situation. Bit of background...I have been married to USC for 1 year and 3 months and we have recently submitted 1-30. I am now preparing for next steps once petition is approved.

I have a few questions so I will break them up for clarity. Thank you for taking the time to read my questions!

1) USC petitioner unemployed
I am a UKC and my husband is a USC. He is currently unemployed and has been for the last 10 years. I understand that he will need to complete an I-864 regardless of him having the financial means to support me. Assuming he completes I-864 and that he also needs a joint sponsor to complete an I-864 (which I am hoping I can provide). However in part 6, q7 on the form where he ticks 'unemployed' it also asks for federal returns for last 3 years. I understand that you can leave black spaces where it doesn't apply but I am not sure (and stupidly, I know!) nor does my husband know, if you are still required to file taxes each year even when unemployed? If he doesn't, then this should be pretty straightforward, he just ticks unemployed and provides everything else he is able to. However it gets difficult as I am not sure if we also need to submit an I-864A if I am going to be the sponsor?

2) I-864A (Household Member) using myself UKC as the sponsor but I do not have federal tax returns
As my husband is unemployed I would like to sponsor myself and my UKC daughter who is 11 years old. I currently earn around £65,000 (approx. $82,000 annually) which I believe would be enough to support myself, my daughter and husband. Firstly, can anyone confirm if this is possible and how I would go about doing so? Would it be just one I-864 or both I-864 and I-864A?

I currently work remotely from home. I have been employed in the same role for the last 5 years and my employers are happy for me to continue employment remotely for the next 24 months (whilst I complete an ongoing project). This could be extended for longer if I wish to do so.

3) No Federal Tax Returns!
Secondly, in the I-864A form, part 4 1a. asks 'Have you filed a Federal income tax return for each of the 3 most recent years?'. As a UKC all my life, I was born in London UK and have only ever worked in the UK so do not have any 'federal' tax returns. I assume 'federal' refers to US tax returns and so HMRC tax submissions from UK would not be accepted? If UK P60 (end of year tax summary) could be submitted there is no where on the form that allows you to list foreign tax returns as far as I can see. Would I just leave these sections blank and bring all evidence such as 3 years worth of pay-slips, bank statements, tax summaries to the interview and explain it? or do I include it all in a covering letting with I-864 or I-864A?

4)Legally permitted to receive a UK salary working remotely and live in CA, USA at same time?
I understand that I would need to provide a letter from my employers evidencing the fact that my current employment would be continuing once I arrive in the USA but I do not want to suggest this if this is against the law to do so. As I work for a UK company that does not have any connection with the USA they are not able to provide any legal guidance. They would like me to continue my employment but do not want to get themselves in hot water by doing so. Do you know if I am legally permitted to work for my current UK employers and keep receiving UK salary whilst living in USA?

The last question I have isn't related to the title so apologies in advance for posting it in this thread but thought it better to ask in case someone is able to help with everything in one place...

5) Daughter biological father not present
As mentioned I will be immigrating with my 11 year old UKC daughter. Her biological father is not present in her life. She hasn't seen him for 3 years. His name is listed on her birth certificate so he does have parental rights. I have taken her with me to California numerous times in the past few years and always travel with her birth certificate (as she doesn't have the same last name as me) in case immigration officers at border ever needed to see proof that I am her mother, but I have never been asked to provide it.

When it comes to the interview at US embassy in London, I am concerned that they may ask for some kind of authorisation from my daughters father to bring her to the USA. However, as we are not in contact with him and have no way of getting hold of him, I wouldn't be able to provide a letter grating his permission. Do you think my explanation of the circumstances would be sufficient to the officer interviewing me? If they were to ask for his authorisation I wouldn't be able to obtain it so would I need to go to court to get a judge to grant me full parental rights before hand? I don't want to turn up to the interview without the right documentation and be asked to resubmit as it will add delays so I would like to have all of my ducks lined in order beforehand so to speak.

Many thanks in advance!!! : -)

Last edited by Shell33; May 19th 2019 at 2:35 am.
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Old May 19th 2019, 4:08 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Hi and welcome to BE.

Since your income will continue from the same source inside the USA, your income can be included on your husband's I-864. No, I-864a is not required.

As for how to work in the USA for the UK employer, the best thing to do will be to be self employed in the USA and work for the UK company as an independent contractor. That way you get paid in USD and you can take care of your own taxes.

As for the lack of tax returns, your husband had no income so was not required to file. He could still file $0 tax returns if he wants to. I don't know how the embassy will respond to all of this. .be prepared with a joint sponsor just in case.

You will need either written permission from your daughter's biological father, or a court order, to remove her from the UK. That could take some time, so get working on it now.

You didn't say so, but I assume your husband lives in the UK with you, and you are doing the DCF process?

Rene
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Old May 19th 2019, 10:34 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Hi Rene!

Thank you so much for your advice!

So my husband lives in CA, USA and has never been to the UK (doesn't even own a passport). I understand that as he dose not have a UK address (cannot use mines) he was not able to file the petition via DCF? It was filled via Arizona Lockbox as was advised on UCIS.

Since your income will continue from the same source inside the USA, your income can be included on your husband's I-864. No, I-864a is not required.
As for how to work in the USA for the UK employer, the best thing to do will be to be self employed in the USA and work for the UK company as an independent contractor. That way you get paid in USD and you can take care of your own taxes.
My employers will not be able to be able to pay me in dollars, nor will they be able to re-employer me as a contractor or freelancer if I resign (we have a recruitment freeze at the moment) they are happy for me to keep my job by working remotely but I will not be able to bill them in dollars. if I were to tell immigration officers at interview that I intended on looking for new work when I arrive and will only keep the current role until I found a new job would that be looked at as more favourable? Or would they rather see I have solid income even if it is coming from UK? I work in advertising and have a Bachelors and Masters degree in marketing and communications so I do not think I would find it difficult to find employment within a few months.

As for the lack of tax returns, your husband had no income so was not required to file. He could still file $0 tax returns if he wants to. I don't know how the embassy will respond to all of this. .be prepared with a joint sponsor just in case.
I have an Aunt (my biological fathers sister) who is a US citizen and could potentially sponsor me and my daughter. The only issue is that she is extremely private and I have been debating back and forth with my husband on how I am able to convince her to share her annual salary amount and 3 years tax returns with me. I know it sounds so stupid but she is very old school and frowns upon the idea of disclosing such personal information. I guess I could approach an attorney and ask her to submit it to him and then the lawyer file it on my behalf, as she would probably agree to that but that could prove to be very costly. I am not able to use any assets as I do not own a property sadly.


You will need either written permission from your daughter's biological father, or a court order, to remove her from the UK. That could take some time, so get working on it now.
Ok, great! I will get started with this now as I don't want it to cause delays.

Many thanks!

Last edited by Noorah101; May 19th 2019 at 11:56 am. Reason: fixed quotes
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Old May 19th 2019, 10:57 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Also, I should add that if my salary can be used on my husbands I-864, then that would be the best option for us as it saves us having to rely on anyone else. However, if US embassy will need to know how this salary will continue longer term (assuming that it would need to be paid in dollars, as you said be self employed etc.) then that could prove more problematic.

If they are just happy to see evidence that my UK salary will continue then that would be amazing as I said, I am sure I could find a new job fairly quickly. I just don't want to overcomplicate things unnecessarily.

Last edited by Shell33; May 19th 2019 at 11:00 am.
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Old May 19th 2019, 11:05 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Hi Rene,

Apologies, I also wanted to ask, in the event that I am able to use my current salary to support my husbands petition I-864, will the UK embassy accept my UK pay slips for last 3 months, 3 years tax returns etc. I don't see anywhere on the form that asks " if you been paying taxes in another country, submit XYZ'. Its almost as though you submit USA federal returns or nothing at all
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Old May 19th 2019, 11:23 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

I'm finding it difficult to follow this thread due to the way you have posted replies in quotations, please don't do that or we might miss something

You have to provide evidence of income, which would be payslips. The US doesn't care if you pay the relevant taxes in the U, and clearly you cannot submit a US tax return. I wud advise you obtain a letter form your employer that states they will continue to employ you in the Us, and you should educate yourself immediately on the implications of being a contractor in the US receiving payments from the UK with regards to taxes and more importantly health insurance.

It will be far more expensive to buy health insurance independently than getting it through an employer.

My employers will not be able to be able to pay me in dollars, nor will they be able to re-employer me as a contractor or freelancer if I resign (we have a recruitment freeze at the moment) they are happy for me to keep my job by working remotely but I will not be able to bill them in dollars. if I were to tell immigration officers at interview that I intended on looking for new work when I arrive and will only keep the current role until I found a new job would that be looked at as more favourable? Or would they rather see I have solid income even if it is coming from UK?
Then your plan is not going to work really, you will not be able to use the income for immigration purposes and should seek a joint sponsor. There are many many issues with what you are proposing.

Last edited by civilservant; May 19th 2019 at 11:27 am.
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Old May 19th 2019, 11:27 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Only the USC is required to submit an I-864 and provide US tax returns.

I suppose you could continue being employed with your UK company while in the USA, get paid in GBP to a British bank, to satisfy the I-864. But you will pay to have the money transferred to the USA, and you'll be liable for your own US taxes, etc. Honestly I'm not sure how that all works, but you can certainly try it.

Your aunt does not have to show you her income/tax information. She can send it to you in a sealed envelope and trust that you won't open it, or she can send it directly to NVC herself (although this would be riskier, as you hope they can match up the information). I assume your aunt lives in the USA, correct?

Rene

Last edited by Noorah101; May 19th 2019 at 12:01 pm.
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Old May 19th 2019, 11:29 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

I suppose you could continue being employed with your UK company while in the USA, get paid in GBP to a British bank, to satisfy the I-864. But you will pay to have the money transferred to the USA, and you'll be liable for your own US taxes, etc. Honestly I'm not sure how that all works, but you can certainly try it.
An employer is required to collect the appropriate taxes on an employee they know to be in the US and subject to US taxes. If they aren't prepared to do that, and she cannot become a contractor, I don't think it's going to work.

Not to mention they will most likely continue to withhold UK taxes.
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Old May 19th 2019, 11:55 am
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Originally Posted by civilservant View Post
An employer is required to collect the appropriate taxes on an employee they know to be in the US and subject to US taxes. If they aren't prepared to do that, and she cannot become a contractor, I don't think it's going to work.

Not to mention they will most likely continue to withhold UK taxes.
Thank you, civilservant. I knew someone could explain why this wouldn't work.

Shell, I think you need to go with the joint sponsor instead. It's much more straightforward and probably a scenario the embassy will approve much more easily.

Just out of curiosity, if your husband has been unemployed for 10 years, how is he supporting himself?

Rene
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Old May 19th 2019, 12:53 pm
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Originally Posted by civilservant View Post
An employer is required to collect the appropriate taxes on an employee they know to be in the US and subject to US taxes. If they aren't prepared to do that, and she cannot become a contractor, I don't think it's going to work.

Not to mention they will most likely continue to withhold UK taxes.
They might well withhold UK taxes but those who are self-employed in the US and contract out their services do not have to have the 'employer' withhold US taxes from their income. For example, my former fiancée who was a roofer. Self-employed and the person contracting with him to replace/fix his roof/siding/gutters paid him the contracted fee but did not pay tax money to the IRS or to SS. It was the roofer's responsibility to do so. It is up to the employee to do that. She is a contractor and not an employee that is working within the UK company's structured offices.

She can still file her UK taxes and get whatever refund is due her from the UK and she can still file her US tax return and complete the many extra pages of forms as a self-employed business person.

To the OP: When you have your interview or interact with any government officer or agent, please bite your tongue and don't volunteer lots of information that will only muddy the waters.

Last edited by Rete; May 19th 2019 at 12:56 pm.
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Old May 19th 2019, 12:57 pm
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That's why I said an employer must withhold an employees taxes. A contractor is not an employee.

She has stated several times that she is an employee of the company and that contracting is not an option.

My employers will not be able to be able to pay me in dollars, nor will they be able to re-employer me as a contractor or freelancer if I resign
This is not really an issue for the visa per se, more so for her continued 'employment' with the company when residing abroad.

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Old May 19th 2019, 12:59 pm
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Originally Posted by Noorah101 View Post
Just out of curiosity, if your husband has been unemployed for 10 years, how is he supporting himself?

Rene
I have the same wonderings. If he is well off enough to support himself for 10 years, then he should be able to complete the I-864 with his investments and/or savings. However, if he is on SSI or welfare, then he cannot do so. Perhaps, Shell33 has been supporting him for the last one year and 3 months.



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Old May 19th 2019, 1:02 pm
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Originally Posted by civilservant View Post
That's why I said an employer must withhold an employees taxes. A contractor is not an employee.

She has stated several times that she is an employee of the company and that contracting is not an option.
There have been several cases here of UKC being sent to work in the US by their employer in the UK and the employer never withheld US taxes nor did they pay them in US dollars. Their monies were direct deposited to their UK accounts. So would she not be the same?
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Old May 19th 2019, 1:04 pm
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'Sent to the US' implies that it was a temporary relocation and not the employee arriving as an LPR with a Green Card. if that makes a difference, I am not sure. Something someone else will have to confirm.
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Old May 19th 2019, 4:25 pm
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Default Re: I am (UKC and bene) the intending immigrant and also the sponsor's (USC) spo

Originally Posted by Rete View Post
I have the same wonderings. If he is well off enough to support himself for 10 years, then he should be able to complete the I-864 with his investments and/or savings. However, if he is on SSI or welfare, then he cannot do so. Perhaps, Shell33 has been supporting him for the last one year and 3 months.
I was wondering the same.

As far as the UK Company is concerned they just pay her in the UK, carry on as normal, the issues in the US are hers and her advisers to sort out.
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