mrjamie

Hi,

I've been reading this forum all morning and have got a bit lost... Please could someone offer some definitive advice as to what the best course of action would be.

My fiancée and myself have been together for 5 years and plan to marry in September, then move to the States to live.

She had IDR here in the UK and has been here for the past 5 and a half years.

We were planning to marry, then pack up our things and move to the States to continue our lives together, but after doing some research I have begun to realise that this may not be as simple as I (naively) first thought. It seems like we might have to wait here in the UK before we can go to the States permanently?

What are the processes involved? Should I start something rolling now?

Thank you, J.

Noorah101

The USC needs to file form I-130 directly to London. This is possible in your situation because the USC has been resident in the UK for 6+ months. That process on this forum is called Direct Consular Filing (DCF). Do a search for posts by meauxna, you'll see links in her signature line for directions on the best way to accomplish this.

It will take about 4 - 6 months for you (the UKC) to get your immigrant visa, after you get married and submit the I-130. You will also need to get a police report, see the sticky post about that at the top of this forum.

Hopefully the USC has been filing her US taxes while she's been in the USA, she will need to submit 3 years of the most current tax returns as part of the I-864 Affidavit of Support.

For now, you can look up meauxna's signature and read about DCF. You can go to www.uscis.gov, Immigration Forms, and read about the I-130 and I-864.

Best Wishes,
Rene

Noorah101

There's not much you can do right now except get your police report, and get a record of your vaccinations. You'll need to be married before you can start the immigration process.

Rene

jeffmich2007

I am sure you can Direct Consular Filing through London once your married....that process is much faster then filing application in USA.
Some other knowlegeable people will be on here soon to give you a definite answer. Right now as i read your post it would be better for you to get married in UK and then file direct in London...approx 6 months for visa to be issued or so i beleive.

Good luck
Michelle

ian-mstm

Hi! Welcome to BE. There is a process involved, and it'll take 6 or so months before you'll have a visa to move to the US. To get the ball rolling, your USC wife will need to d/l and complete form I-130 and submit it, and the supporting evidence to the London consulate. All forms are available at www.uscis.gov. Has she been filing a US tax return while she's lived in the UK? If she hasn't, she'll need to get this taken care of ASAP. The consulate has an IRS section that I understand is really quite helpful.

There's more... but I don't want to overwhelm you! Baby steps... that's the ticket!

Ian

fatbrit

She needs her UK citizenship before you leave.

mrjamie

Well no tax returns have even been done whilst she's been living here in the UK in the past 5 and a half years, her accountant in the US said she didn't have to whilst she wasn't earning money in the US.

Is this a problem?

Folinskyinla

Hi:

First some caveats -- First, I may be a lawyer, but I am not YOUR lawyer. Second, I am not an expert in tax law. The following are some general thoughts and not to be construed as legal advice.

I believe the accountant was being practical. Your wife, as a U.S. citizen, is required to report WORLDWIDE income on her annual tax return.

However, there is a beastie called a foreign earned income deduction -- which is around $80,000 or so per year. [I'm not sure -- but I think it has been increased]. Accordingly, most US Expats end up paying no tax on the return.

As noted above, there is a requirement to file annual returns. Failure to do so is subject to a penalty expressed as a percentage of the tax owed. There is also interest charged on the tax owed.

Once you have determined that no tax is owing, it is easy to figure out the amount of the penalty -- nothing.

So, she is pretty clear on the tax laws. However, the I-864 in the immigration end of things requires that she provide her last three years of US tax returns [actually, last tax return but information off last three]. So, she should take care of that ASAP by filing for 2007 [not late yet for overseas filers] and late filed 2006 & 2005 returns.

On the I-864, you will have to have 3x assets of 125% poverty level OR have a job lined up in the US. If not, you will need a co-sponsor in the US. These details are a different topic.

meauxna

This is the overview and filing procedure for a USC living abroad, married to a non-USC and wanting to move/immigrate to the US.

DCF - Filing your I-130 abroad - Direct Consular Filing (DCF)

Instructions for Filing an I-130 & I-360 with the U.S. Citizenship & Immigration Services office in London

I-130 Petition for Alien Spouse

Check back before you run off an put things in the post; there are a couple of little quirks n' tips that can improve your petition/application.

Expect the process to take 4-6 months from mailing the petition to visa in hand.

BritishGuy36

No she doesn't, that's going to confuse the OP! It's adviseable for her to get UK citizenship before she leaves, so it's easier for her to get back into the UK if she ever needs to.

Her UK Citizenship (or lack of) is irrelevant to your spousal visa process.

Other points on this thread:

1) The current (2007) allowance for foreign-earned income is the equivalent of $83,500.

2) Yes she will need to file the last 3 year's tax returns. I just did this so ask if you want any pointers on that.

Rough timeline:

Marry - your USC spouse is now eligible to submit I-130 in London
As soon as you have your marriage certificate (i.e. within days) you can submit I-130 form (needs a copy of the marriage cert to accompany application)
I-130 processing approx 11 weeks at present
While I-130 is processing you can get caught up with her taxes and gather the other paperwork ready for visa application
After I-130 approval submit DS-230 part 1
DS-230 part 1 submission to interview date usually 8-10 weeks
Upon successful interview your passport with IR-1 visa will be back in a few days.

Total about 5 months start to finish.

mrjamie

BritishGuy36 - Thank you!

That's exactly the information that I needed, a nice time line of events and when / what to do at each stage!

Seems like there's not much to do apart from fill out a few forms... and lots of waiting around!

On a side-note, before I start a new thread... I'm planning on being self-employed in the states (I run a successful one man web design business here in the UK) and my soon-to-be wife probably won't be looking for work. In a nutshell, is it best to continue to run my company as if I'm still living in the UK to start with and setup the US company when I'm there OR start / register the company in the states before we move?

Noorah101

Related to your question: If your income will continue from the same source once you are inside the USA, you can include your income on your wife's I-864 affidavit of support. If your income will not continue from the same source, you will need to either use assets or a joint sponsor.

I think what I'm trying to say is, what you do with your business might affect the I-864, so take a look into that.

Rene

fatbrit

Would be stoopid not to.

I use need in the Yankee sense.

meauxna

oooh, that is on my pet peeve list.

Ray

no it won't ..