carjen

Hi everyone,
This is my first posting to this forum. I'm hoping some of you who have been through this process can point me in the right direction. Here's my situation:
Iam a US citizen, born and spent first 20 years of my life in NY. Have lived in the UK since 1985. Worked numerous jobs, all in the UK and paid tax only to UK authorities. Have never filed any type of tax return in US.
My husband is British. We want to move to US to live permanently. I don't have address or job in US, nor do either of us have significant savings.
First question:
How do I satisfy the "assurance of support" requirement? I might possibly be able to ask my sister and her husband to sponsor me/us, but can't guarantee it.
Next question:
How do I apply for a visa for my husband? Is it the K3 we need and if yes how do we apply? Do we also have to file an I-130? Can we apply in London?
And the big question: how long is all this likely to take? My husband does not have any children, nor do we have children together. He has never travelled outside the UK and he has never been married before- in other words his seems like it would be a relatively straight-forward case.

Also, my husband is in IT, analyst programmer- what is the market like for these jobs at the moment. We are planning on settling in California, does anyone know what the IT job situation is like there?
Once we do receive his visa, can we apply for work authorisation from the UK or does this have to be done in the US. How long does a work permit take to get?

I'd be very grateful for any advice any of you can offer me on these questions,
Thanks in advance for your help,
Kiera

Rete

As a legal resident of the United Kingdom you don't need a K-3 as you are eligible to file the I-130 directly at the London US Consulate ("DFC"). You can either wait with your husband until is interview (approx. 3 months after applying) or return to the US first to set up your new home and find employment. In either case you will have to prove the US Consulate that you have made attempts to make the US your principal place of residency. This means opening bank accounts, looking for employment, housing, schooling for children, etc.

You will have one major problem and that as you foretold is in the area of financial support. As a US citizen you are obligated to file annual IRS tax returns on ALL WORLDWIDE earned income. You will have to start NOW by filing for back years from 1985 to present as you state you have been working while in the UK.

If you and your husband have assets five times the 125% mark of the poverty guidelines for a family your size, you can use that on the I-864 Affidavit of Support and thus eliminate the need for a co-sponsor. If you don't have these assets, then a co-sponsor will be required. Or you might have to return to the US, find employment and with the last three tax returns and a employment letter from your employer stating your salary (which has to be 125% of the poverty guidelines).

The department of state is not trying to stop you from returning home with her alien spouse, but trying to insure that you and he will be become public dependents of means tested benefits, i.e. welfare, etc.

As for your question re the IT field, some people have a difficult time at the moment finding employment while others don't. A lot depends on your relocation area and the experience and education of the person job hunting.

I strongly suggest you go to:

I-130/I-485 Helpsite at:
http://www.mindspring.com/~docsteen/...o/visainfo.htm

accept the disclaimer and read about DCFing.

Rete

mmm

My husband is also in IT, I used to be but because of my visa I cannot work over here, We've been reloacted to Texas after living in California for some time, and the reason was that the IT sector in Ca, was diminishing significantly, with the shutting down of many headquarters that were there.

I would suggest checking out some employment websites to see if the situation has improved any, because I'm sure you know that this is a volatile market.


My advice on the Visa front would be to talk to the US Consolate in London, They're quite helpfull and may be able to answer your questions.

Good Luck!!

carjen

Thanks for your reply Rete.
There is no way that I can possibly file tax returns dating back to 1985. I have never before in my life been told that I have to pay tax not only to the UK but to the US as well. I have no record of any earning I've made here, all my earnings have always been around £10,000 per year ($15000) and I haven't worked for the past 5 years.
As to looking for housing employment etc, how would I be expected to do that while still living in the UK?
Can't I use someone else such as my sister as a financial sponsor?
Would it be easier if we went to the US on holiday visas, then I found work and we got housing there, then apply from within the US? How long would it take to get my husband a visa this way?
Thanks,
Kiera

rogerpenycate

Kiera,
To re-iterate Rete.
The easiest and fastest way to proceed is to file an I-130
application at the London Embassy, which you can do as you seem to have UK residency.
We were in the same position with my US wife living here.
We filed at the end of March and early in May, Ida (my wife) went back to the US to get a job, appartment, car, bank account etc (setting up domicile !)
This of course means being apart, but the current timescale is about 3.5/4 months, so it's not desperate (all though it does seem like it sometimes)
Unless you have 5 x 125% of the poverty line (assuming you have no children) for 2 people is $14,925 = $74,625, then you will need a co-sponsor.
US law states that if you are a US citizen you have to file tax returns in the US even if you are resident overseas (this does not necessarily mean you will be taxed on overseas earnings)
I'm not sure how you go about sorting your IRS situation out,
perhaps someone else can explain, although I'm sure I read somewhere that the IRS have an office in London.

Good luck

Rete

You won't "owe" money to the IRS but you have to file returns. It is a federal law that all USC have to file IRS tax returns on all monies earned worldwide.

Yes you can use your sister as a co-sponsor for the I-864 for your husband. You have to file one as well and she files a separate one.

If you did what you are proposing you are running the risk of being denied entry at the POE because of immigration intent. That, plus the length of time for obtaining permission to work, adjust status, etc. can be very lengthy in many areas of the country and downright expensive when you add the years of renewals to the final figures.

DCf is the fastest way to go and the least complicated of all approaches if you have a co-sponsor. Perhaps they will allow you to live with them for a month or two while you get an apartment, house, whatever.

You and he can do job hunting online and at least with the web get an idea of what area of the country is best for IT employment and living.

Rete

.

"mmm" <[email protected]> wrote in message news:[email protected]...
    > My husband is also in IT, I used to be but because of my visa I cannot work over
    > here, We've been reloacted to Texas after living in California for some time, and
    > the reason was that the IT sector in Ca, was diminishing significantly, with the
    > shutting down of many headquarters that were there.


Hmm we know someone who was relocated to N Carolina to Texas because of closures
in IT around Charlotte. North of Dallas (Telecom Corridor in Richardson esp) is
in a bad way.

carjen

Thanks Rete and Roger,
I do not want to be separated from my husband if at all possible. I don't drive, he does, and would find it difficult to set things up on my own without a car.
Can you please tell me what "DCF" stands for?
I still don't know how I'm supposed to file a tax return from here. It's absurd that this is the first time I've heard this rule.
A lot of the time I've worked here in the UK, it#s been part time work under the taxable limit, do I need to report that as well?
I could not live with my sister, they haven't got the room at their place and are too near to my parents who I don't get on with and would drive me insane.
Thanks for any further assistance you can give me.
Kiera

Rete

In my first reply I gave you a link and the definition of DCF = Direct Consular Filing. You can only do this in the US Consulate in London if you have legal residency there which apparently have so that is not a problem.

Here is the link again:

I-130/I-485 Helpsite at:
http://www.mindspring.com/~docsteen/...o/visainfo.htm

I'm curious how you proposed coming back to the US without a home to go to, no employment, no car, etc. I'm just curious and you don't have to reply because it really isn't any of my business.

As for the tax thing, there are lots of things about our government most people, young and old, are ignorant about. For me the rules and regulations of INS were just such a subject until I had to live with it day in and day out for the last 5 years.

Rete

L D Jones

carjen wrote:
    > Thanks Rete and Roger, I do not want to be separated from my husband if at all
    > possible. I don't drive, he does, and would find it difficult to set things up on
    > my own without a car. Can you please tell me what "DCF" stands for?

"Direct Consular Filing." An unofficial term that refers to the ability to file an
I-130 petition directly at a US consulate abroad. The INS does not use this term
by the way.

    > I still don't know how I'm supposed to file a tax return from here. It's absurd
    > that this is the first time I've heard this rule.

Well, when I lived in the UK I simply sent my return in the post to the US
every year.

Try the IRS section at the US embassy in London.

http://www.usembassy.org.uk/ (IRS link)

or

http://www.usembassy.org.uk/irs/ind-
ex.htm

I bet this wouldn't be the first time they were asked a question similar to yours.
The page says they won't help you file or prepare your return but it seems you can
just walk in and ask them. They have a short FAQ

http://www.usembassy.org.uk/irs/ir-
sfaq.htm

See especially the second question from the end which appears to apply directly in
your case.

    > A lot of the time I've worked here in the UK, it#s been part time work under the
    > taxable limit, do I need to report that as well?

As far as I know, yes. If you live abroad you have to file (the US is one of the few
countries that taxes citizen's worldwide income, I believe).

I'm virtually certain you'll need to do this tax stuff before you can complete the
DCF process so get this sorted out and then think about the rest of it.

LD (DCF London 2001)

rogerpenycate

Sorry to be a pain, but as we've mentioned before, the affadavit of support (I-864) and your financial circumstances are crucial to the process.
It does seem crazy that you are a US citizen and all you want to do is take your husband back to live, however if you read
a large percentage of these threads and postings, many people are in the same boat and those that are not already married are still trying to get their loved ones to the US.
The first thing to do is work out your assets and if you can reach the requirements (ie through sale of property etc) then you've "cracked it"..almost !

meauxna

Hi Kiera,
I hope you've read thru the DCF section of DocSteen's site a few times...eventually the terms will all start to make sense to you, I promise!
A couple of points for you. As others have pointed out, you can file your tax returns manually (start with the past three years). Forms can be downloaded from the net & mailed. Alternatively, with online help and for a few bucks, I've found it worthwhile to use www.turbotax.com Once you've completed the first year's return, your info will be carried forward. The online help will be useful, I'm sure. You don't have to pay until you click "file", so even the practice forms may be helpful.
Next, you've been living together with your husband for more than 6 months? Let's not forget that he is part of your Household and therefore his income counts toward his own support in the I-864. I posted a summary of my own similar situation in a thread called something like I-864 Questions Answered. Search on my user name.
DCF is most certainly the route you want to use as your husband will enter the States with an effective Green Card, allowing him to work as soon as he lands that job!

rogerpenycate

"Next, you've been living together with your husband for more than 6 months? Let's not forget that he is part of your Household and therefore his income counts toward his own support in the I-864"


I have to question this.
We were in an almost identical position to the poster.
When it came to my interview in London, they rejected my earnings as part of the affadavit (my earnings were substantial)
The reason they gave was that when I emigrate to the US
my past earnings are irrelevant, as I will be startting "afresh"
and will have no guarantee of that continued income.
Despite the fact that when I move to the US I am maintaining business interests in the UK I did not argue the point with the Consular Officer. You don't do you !)
The other reason I didn't discuss it with them was that I had sufficient assets to cover the "shortfall" in the Affadavit.
(It's a bit complicated but my wife had worked 6 months of the last tax year in the US and as such her last years earnings
didn't reach the 125%)
I also took the precaution of having co-sponsors (which was a lot of work for my Sister and brother-in-law) however at the interview I kept their so-sponsorship in the "bottom of my bag" as a back-up in case of problems.
I didn't have to use it which was a relief as I didn't want to be a burden on them for the next 10 years (ish)
We are having a ceremonial burning of their affadavit next
weekend when I get there (leaving UK next Thursday)
Going back to my earnings, at the interview the "junior" officer
(and those have been to London know the chap I mean) consulted his superior, and I heard his boss say "I never
allow the UK spouses income as part of the Affadavit"
Sorry to throw a "Spanner in the Works" but that was my experience.

Good luck

meauxna

oops! Entirely MY BAD. Roger is sooo right. The difference in my personal situation is that my spouse's income (pension payments) will follow him to the States.

kiera, Roger's situation is much closer to yours AND he's already got his visa (unlike us) so listen to him!

R, wet noodle availble for long-distance reprimand!
mo

rogerpenycate

meauxna,
Pay a fine of 1,000 drachmas to the charity of your choice
;o)

good luck when your "time comes"

Roger