rogerpenycate

meauxna,
BTW it was a great posting, and will surely help lots of folks in the future.
Well done.

meauxna

Silly, we're all Euro-hoes now.

Humo(u)r of the day:
EU Directive no: 456179
In order to meet the conditions for joining the Single European currency, all citizens of the United Kindom of Great Britan and of Northern Ireland, must be made aware that the phrase, "Spending a penny" is now not considered appropriate.
The correct terminology is now "Euronating".

carjen

Thanks to everyone for their advice on this mater, especially Roger. I'd like to ask a few more questions:
Firstly, how long will it take to file my tax returns. I haven't worked for over 5 years (I have been and am currently receiving income support here), and even then the work was part time and under the taxable limit. Do I still need to do all this?
Secondly, no we haven't been living together for 6 months.
Thirdly, we definitely don't have anywhere near $75,000 in savings or assets.
Roger, you say you asked your sister and brother in law to be co sponsor. Why was it difficult? could we use my husband's parents as co-sponsors? They are British, I thought the co-sponsors had to be US citizens. What exactly is involved in being a co-sponsor?
Thanks for any further information you can provide me on this.
Cheers, Kiera

rogerpenycate

Kiera,
I'm afraid I can't help you with the tax situation, I suggest your first point of contact would be the IRS division at the London Embassy, I'm sure they are used to similar circumstances as yours, and will give you all the help they can.
Correct, The co-sponsors do have to be US Citizens (although
not necessarily relatives)
It wasn't exactly difficult for them, just a lot of running around as where they live is a bit isolated.
The co-sponsors responsibilties are exactly the same as yours are (ie 10 years/40 quarters etc)
Firstly, you as the main sponsor (irrespective of your financial circumstances) still have to file an I-864.
The co-sponsors also file an I-864 (whcih let's be honest) is a hell of a committment (they must like me and be good judges of character !!!!)
Take a worst case scenario: My wife and I get divorced during the term of the Affadavit, I stay in the US and "sponge" off the State. Initially they come to you to reclaim any "means tested benefits" I have had. Let's say you have no money to pay them back.
They then go after the co-sponsors for the money.
If they have moved and not informed the INS that is a crime and they can be severely punished.
My reason for wrting the above is that it is IMPERATIVE that any potential co-sponsors are made aware of their responsibilties, in full.
A final point on the Affadavit.
Due to my sister and brother in-laws financial situation they had to be joint co-sponsors and in addition to the I-864 they had to sign an I-864A (which effectively is a contract between the two of them, jointly agreeing to be sponsors.)

I don't know how wealthy your husbands parents are, it may be possible that they could "give" your husband the additional money you need to make your assets up to the
$75,000.
I am sure there may be legal complications to this and possibly (and I don't know the law) gift tax to pay, so please don't take this as advice, it's just an option worth considering,
Maybe another poster can offer advice on the implications.

I hope this helps.
Good luck
Roger

Jonathan_atc

Roger brings up some very good points.

First, NO, your in-laws can NOT be joint sponsors. Must be US Permanent Resident or
US Citizen.

Second, Roger brings up a very good point, could the in-laws "loan" you two the money
to make it in assets?

Third, in INS eyes, not working does not equate not filing taxes. You'll HAVE TO
HAVE either 3 years in back tax returns or a letter from IRS stating that you didn't
need to file those years, which may be next to impossible to get. You'll have to
call IRS or visit your local office. 1-800-829-1040

Fourth, your joint sponsors will also fill out the I-865 and have to include 3 years
back tax returns, or tax transcripts which are easy to get and replace full tax
returns in INS's eyes.

Good luck on working this out. Everything will work out if you let it.

--
Jonathan_ATC "carjen" <[email protected]> wrote in message news:[email protected]...
    > Thanks to everyone for their advice on this mater, especially Roger. I'd like to
    > ask a few more questions: Firstly, how long will it take to file my tax returns. I
    > haven't worked for over 5 years (I have been and am currently receiving income
    > support here), and even then the work was part time and under the taxable limit. Do
    > I still need to do all this? Secondly, no we haven't been living together for 6
    > months. Thirdly, we definitely don't have anywhere near $75,000 in savings or
    > assets. Roger, you say you asked your sister and brother in law to be co sponsor.
    > Why was it difficult? could we use my husband's parents as co-sponsors? They are
    > British, I thought the co-sponsors had to be US citizens. What exactly is involved
    > in being a co-sponsor? Thanks for any further information you can provide me on
    > this. Cheers, Kiera
    > --
    > Posted via http://britishexpats.com

rogerpenycate

"Second, Roger brings up a very good point, could the in-laws "loan" you two the money
to make it in assets?"

I'm not sure whether "loaning" would be considered fraud.


"Fourth, your joint sponsors will also fill out the I-865 and have to include 3 years
back tax returns, or tax transcripts which are easy to get and replace full tax
returns in INS's eyes."

Sorry to be picky, but that should be I-864 (I think the
I-865 is a change of address form)

M

Kiera

I went through DCF in London in Feb 2001. Similar situation, my wife is US I am UK
and she had been out of US for the 20 years we have been married.

She had never filed US tax returns. She filed 3 years past tax returns as soon as we
started the process, no tax due and no penalty (no supporting documentation and no
questions asked, it was well under the foreign earned income exclusion limit so a
single entry and single deduction).

At the interview in London our current earning were irrelevant anyway, as our I-864
was excluded as not being current as we were both moving to the US therefore they
argued she didn't have a job. We included my income on the I-864 as we had been
married longer than 6 months.

I would have been rejected but I produced a letter from my employer (my company)
confirming that I would continue to receive my salary of 'x' for at least 6 months.
It worked! The interviewer seemed genuinely pleased not to have to reject me and said
the letter would do fine. I hadn't realised until then what a huge gamble that was.
We had moved to the US two months earlier to get the kids in school and settled (I
entered on a tourist visa) and I returned to London alone for the interview. A
rejection would have left her alone with the kids in Texas and me in London with no
home - we had already sold up. Could easily have been a BIG problem.

We had no US co-sponsor. My advice would be to get a co-sponsor. It is an onerous
commitment and you can keep it in your bag until required, but if it is required and
you don't have it your application will be REFUSED at the very last hurdle.

Marcus Hot & Happy in Texas [email protected]

PS Jobs in IT - lots of them but can be difficult to get in unless you have the right
qualification, at least a degree, to get to an interview. Experience counts, but
only after the qualification.


meauxna <[email protected]> wrote in message news:[email protected]...
    > Originally posted by 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.

Mrtravel

M wrote:
    > Kiera
    > I went through DCF in London in Feb 2001. Similar situation, my wife is US I am UK
    > and she had been out of US for the 20 years we have been married.
    > She had never filed US tax returns. She filed 3 years past tax returns as soon as
    > we started the process, no tax due and no penalty (no supporting documentation and
    > no questions asked, it was well under the foreign earned income exclusion limit so
    > a single entry and single deduction).
    > At the interview in London our current earning were irrelevant anyway, as our I-864
    > was excluded as not being current as we were both moving to the US therefore they
    > argued she didn't have a job. We included my income on the I-864 as we had been
    > married longer than 6 months.
    > I would have been rejected but I produced a letter from my employer (my company)
    > confirming that I would continue to receive my salary of 'x' for at least 6 months.
    > It worked! The interviewer seemed genuinely pleased not to have to reject me and
    > said the letter would do fine.

How did you get your employer to give you 6 months of salary?

Jonathan_atc

I don't know, I think a loan would work. Yes, should have been I-864. Sorry, typo.
I do know my forms. ;o)

--
Jonathan_ATC "rogerpenycate" <[email protected]> wrote in message news:[email protected]
m...
    > "Second, Roger brings up a very good point, could the in-laws "loan" you two the
    > money to make it in assets?"
    > I'm not sure whether "loaning" would be considered fraud.
    > "Fourth, your joint sponsors will also fill out the I-865 and have to include 3
    > years back tax returns, or tax transcripts which are easy to get and replace full
    > tax returns in INS's eyes."
    > Sorry to be picky, but that should be I-864 (I think the I-865 is a change of
    > address form)
    > --
    > Posted via http://britishexpats.com

rogerpenycate

Jonathon,
We'll just talk amongst ourselves for a while ;o)

The loan is an interesting idea, I wonder how it would be viewed.
If it was put down as an asset, would that be acceptable as it's only a "temporary" asset. I guess it may depend on how quickly the Guys parents would want the money back.
I gues we're speculating as we have no idea of their financial situation.
But it would be interesting hearing a lawyers take on the subject.

Jonathan_atc

Well, how would INS know it was a loan? Would you be stupid enough to tell them?
They don't care where the money comes from or where it is going. The only
stipulation is that the people have the money at the time of filing.

--
Jonathan_ATC "rogerpenycate" <[email protected]> wrote in message news:[email protected]
m...
    > Jonathon, We'll just talk amongst ourselves for a while ;o)
    > The loan is an interesting idea, I wonder how it would be viewed. If it was put
    > down as an asset, would that be acceptable as it's only a "temporary" asset. I
    > guess it may depend on how quickly the Guys parents would want the money back. I
    > gues we're speculating as we have no idea of their financial situation. But it
    > would be interesting hearing a lawyers take on the subject.
    > --
    > Posted via http://britishexpats.com

Steve

I think he meant a contract of $x.xx per month for at least 6 months.

"mrtravel" <[email protected]> wrote in message news:[email protected]...
    > M wrote:
    > >
    > > Kiera
    > >
    > > I went through DCF in London in Feb 2001. Similar situation, my wife is
US I
    > > am UK and she had been out of US for the 20 years we have been married.
    > >
    > > She had never filed US tax returns. She filed 3 years past tax returns
as
    > > soon as we started the process, no tax due and no penalty (no supporting
    > > documentation and no questions asked, it was well under the foreign
earned
    > > income exclusion limit so a single entry and single deduction).
    > >
    > > At the interview in London our current earning were irrelevant anyway,
as
    > > our I-864 was excluded as not being current as we were both moving to
the US
    > > therefore they argued she didn't have a job. We included my income on
the
    > > I-864 as we had been married longer than 6 months.
    > >
    > > I would have been rejected but I produced a letter from my employer (my company)
    > > confirming that I would continue to receive my salary of 'x'
for at
    > > least 6 months. It worked! The interviewer seemed genuinely pleased not
to
    > > have to reject me and said the letter would do fine.
    > How did you get your employer to give you 6 months of salary?

M

I was going to set up a US office, so I continued to be employed by my UK company
even after I moved.

M

mrtravel <[email protected]> wrote in message news:[email protected]...
    > M wrote:
    > >
    > > Kiera
    > >
    > > I went through DCF in London in Feb 2001. Similar situation, my wife is
US I
    > > am UK and she had been out of US for the 20 years we have been married.
    > >
    > > She had never filed US tax returns. She filed 3 years past tax returns
as
    > > soon as we started the process, no tax due and no penalty (no supporting
    > > documentation and no questions asked, it was well under the foreign
earned
    > > income exclusion limit so a single entry and single deduction).
    > >
    > > At the interview in London our current earning were irrelevant anyway,
as
    > > our I-864 was excluded as not being current as we were both moving to
the US
    > > therefore they argued she didn't have a job. We included my income on
the
    > > I-864 as we had been married longer than 6 months.
    > >
    > > I would have been rejected but I produced a letter from my employer (my company)
    > > confirming that I would continue to receive my salary of 'x'
for at
    > > least 6 months. It worked! The interviewer seemed genuinely pleased not
to
    > > have to reject me and said the letter would do fine.
    > How did you get your employer to give you 6 months of salary?