Tigger3

Hello everyone!

I'm new to British Expats and in dire need of some advice! I'll keep it to the point - basically I am about to start the K1 Visa process for the US but my case isn't all that common so I have already come across some issues even after the first few forms.
I was born in America and moved to Ireland when I was 5 where I lived for 16 years and then moved to the UK where I live now (in London) and have met my fiancé who is a British citizen. We now both want to move to the US for a new life and get married etc.
The biggest problem I'm facing right now is that a) I don't live in the US and haven't for a very long time and b) have never worked there/had a bank account etc.

Is this going to be a major obstacle in going down the K1 route? Any advice would be hugely appreciated!

Heading_Baltimore

Why not get married and start the i-130 and save yourselves money that way - in the long run?

Tigger3

Do you have to have been married for a certain amount of time to apply for i-130? We really want to be out there in a years time :/
Thanks

Noorah101

That's OK. You are still a USC and can still petition your fiancee to immigrate to the USA. Have you been filing US tax returns each year? If not, you will need to file at least the most current 3 years worth. The US Embassy in London has a helpful IRS department, if you need assistance.

That's OK. You will need to look closely at the I-134 and I-864 Affidavit of Support forms, and find a way to meet the financial requirements. More on that once you've read the forms and have specific questions. It's not necessarily a no-go for you, just have to find your options and go with one.

No.

Well, my advice would be to actually get married first, and then do the spouse Immigrant Visa process, by filing the I-130 directly to London! It's much better and faster than the K-1 fiancee visa process. Do you have a particular reason for wanting to do the K-1, or were you just not aware of the Immigrant Visa path?

Rene

Noorah101

Yes, at least 1 minute. LOL No, seriously...you don't have to be married for a certain amount of time.

Totally achievable!

Rene

Heading_Baltimore

You don't. By applying for K-1, you would be required to get married within 90 days of arriving in the US. Then you have to pay another $1070 to adjust her status. Importantly, she won't be able to work until she gets her employment authorization, and cannot travel until her advance parole is granted. Simply avoid all these now that you can.

Tigger3

I have dual citizenship with Ireland so I have never paid taxes to the US. Why would I need to do this now?
The only reason we were thinking of the K1 route is because we thought it would be faster than the K1 and I was under the impression that you had to be married for at least 2 years to apply for the i-130?
Is there a way of proving my income without it being from a US employer/bank account? I.e a different form etc?

Thank you x

Tigger3

Oh that's great, dont know where I heard it was 2 years! lol.
Ok so, after getting married can you apply for the visa straight away? Would it be advisable to get married ASAP if we want to be out there next year?

ian-mstm

In fact, it is quite common.


Since you aren't required to have ever lived in the US, neither is really a problem.


Since you aren't required to have ever worked or established a bank account in the US, neither is a problem.


No.


Since you ask, I advise you to stop creating non-existant problems!


You don't actually apply for an I-130. The I-130 is a petition that establishes the relationship between a US citizen and a non-US citizen. But, no - you can submit the petition immediately after the marriage if you want to.


This is quite doable.


The US has no interest in your dual citizenship. As a US citizen, you are required, by law, to file an annual US tax return - except if you do not meet the IRS income threshold for filing. Details at www.irs.gov. That said, it is quite common for USC's living abroad to not know they are supposed to file tax returns.


Why? Because it's the law. That said, you should file the most recent 3 years' worth of US tax returns. It might be a headache to do it, but it'll make the road ahead so much easier!


Your impression is incorrect.


If you don't have sufficient income/assets to satisfy the I-864 requirement, you can find a joint sponsor who does. Easy!


No. Immigration is a 2-step process. 1) After marriage, you submit the I-130 petition; and 2) once the I-130 is approved, then your spouse applies for an immigrant visa.


Not ASAP, but soon. The entire visa process takes about 6-8 months... so plan accordingly.

Ian

Tigger3

Right, Ok. No idea how to file a tax return so will have to get started on that!
Thanks for all this guys, really appreciate it.
Another question, will my fiance encounter any problems applying for an ESTA after we submit the I-130?
Thanks
Siobhain

Noorah101

Are you asking because she wants to visit the USA after you get married, but before she gets her immigrant visa in hand?

Rene

Noorah101

Have you read the I-134 / I-864 instructions, as I suggested?

Rene

ian-mstm

Probably not, no. If he's eligible to apply, ESTA will likely be approved. One should have no impact whatsoever on the other.

Ian

Tigger3

Thanks Rene, I have looked at both those forms. Since they want them in USD should I wait until I have filed tax returns with the IRS before filling these out?
What is the required income to sponsor him?

Tigger3

Ok I've just found form I-864P which explains it all!