UKDavey

Hi all. I've been granted a K-1 fiance visa and will travel to the US in the next month or so to marry my financee. We'd decided to live in the US (rather than the UK) as a member of my fiancee's family had offered me a job.

For reasons that aren't worth going into, the job offer has fallen through. We've had a think about the situation and we believe I'll get paid significantly more (at least double) in the UK. Therefore, we intend to get married and I will file for a UK spouse visa for my wife-to-be. We intend to save up money in the UK and then return to the US in a few years time when we have a better financial base, etc.

Obtaining a Green Card before returning to the UK seems the wrong thing to do for two reasons: 1. I have no intention of being a legal permanent resident of the US at the present time and 2. having looked into taxation, despite their being a US-UK tax treaty, I believe there is a high chance I'll get double taxed (due to specific rules about taxing Green Card holders).

So I plan to enter the US on my K-1 visa, marry my fiancee and then immediately file for a UK spouse visa for her. If I subsequently do not file for adjustment of status, do not obtain a Green Card and return to the UK within 90 days (accompanied by my wife, assuming her UK visa has been processed in time), will I have problems in a few years time (say, 2-5 years) when I apply for a K-3 spouse visa to return to the US?

The nightmare situation would be that in a few years, we file for a K-3 visa so that we can move permanently to the US and get turned down due to not adjusting status and obtaining a Green Card on the K-1.

All advice greatly appreciated.

olliewat

The only problem I see with my severely untrained eyes is that you won't be doing a K-3. You'd be filing for an IR1 (provided you've been married two or more years at that point).

Granted you COULD file for a K-3 but there doesn't seem to be much of a pointto going that route.

UKDavey

I notice for the IR1 that US Domicile is required. Does this mean that my wife-to-be would have to return to the US in advance of filing for the IR1 or could there be a sponsor (such as one of her parents) as is the case with, say, a K-1 visa?

Am I right in assuming that if I return to the UK within 90 days then this is not an overstay?

Also, do I need to do anything specific (e.g. fill in a form, etc.) to let the US immigration people know that I am returning to the UK with my wife and will not be filing for adjustment of status?

Many thanks for the help.

Noorah101

I don't see any problem with your situation. As the other poster said, you will be getting the Immigrant Visa rather than the K-3 in the future when you decide to immigrate to the USA.

You could even cancel the K-1 process now, enter on the VWP, get married and return to the UK together. You don't have to use the K-1 to get married in the USA if your intent is not to remain in the USA and adjust status.

Best Wishes,
Rene

Noorah101

Assuming your wife will be eligible to file DCF in the future when you want to do the immigrant visa, she will be able to prove US domicile by having filed her US taxes and perhaps maintaining a residence in the USA. Maybe meauxna will chime in here, she knows about domicile vs. residency.

Correct.

I just realized you already have your K-1 visa in hand, so disregard my previous post on canceling it. No, you don't need to notify anyone of your intent to return to the UK. You simply won't stay and adjust status here.

Rene

UKDavey

Would there be any specific advantages or disadvantages to this, given that my K-1 has already been issued? For example, would I have any difficulty getting through US immigration, given that I'll be marrying a US citizen, if I decided to cancel the K-1?

Many thanks.

Noorah101

Never mind canceling it. I wrote that before I realized you already have the visa in hand. Just use the K-1 to enter the USA.

Rene

-Hunter

"UKDavey" <[email protected]> wrote in message
news:[email protected] m...
|
| Hi all. I've been granted a K-1 fiance visa and will travel to the US
| in the next month or so to marry my financee. We'd decided to live in
| the US (rather than the UK) as a member of my fiancee's family had
| offered me a job.
|
| For reasons that aren't worth going into, the job offer has fallen
| through. We've had a think about the situation and we believe I'll get
| paid significantly more (at least double) in the UK. Therefore, we
| intend to get married and I will file for a UK spouse visa for my wife-to-
| be. We intend to save up money in the UK and then return to the US in a
| few years time when we have a better financial base, etc.
|
| Obtaining a Green Card before returning to the UK seems the wrong thing
| to do for two reasons: 1. I have no intention of being a legal permanent
| resident of the US at the present time and 2. having looked into
| taxation, despite their being a US-UK tax treaty, I believe there is a
| high chance I'll get double taxed (due to specific rules about taxing
| Green Card holders).
|
| So I plan to enter the US on my K-1 visa, marry my fiancee and then
| immediately file for a UK spouse visa for her. If I subsequently do not
| file for adjustment of status, do not obtain a Green Card and return to
| the UK within 90 days (accompanied by my wife, assuming her UK visa has
| been processed in time), will I have problems in a few years time (say,
| 2-5 years) when I apply for a K-3 spouse visa to return to the US?
|
| The nightmare situation would be that in a few years, we file for a K-3
| visa so that we can move permanently to the US and get turned down due
| to not adjusting status and obtaining a Green Card on the K-1.
|
| All advice greatly appreciated.
|
| --
|

There is no requirement to adjust status after getting married under K1 if
you are just going to leave the US before the 90 day authorized stay. AOS is
required for those who get married under K1 AND want to stay in the US
beyond the 90 days authorized stay. Otherwise, if you don't AOS and the 90
days authorized stay expires, you won't have the legal status to be staying
in the US.

AlmostThere1

One thought, even though you won't be completing AOS process, have considered applying for your Social Security Card while you are here.

While you will be going back to the UK, when/if you apply again you will not have to worry about going through the hassle of getting your SS Card.

I am sure there many other benefits to getting the card now, as opposed to waiting until you apply again.

(NB: My knowledge of the K-1 SS process is limited, as I received my SS previously while present on the L-2 Visa. My wife swears that already having an SSN is why application process went so smoothly and quickly)

andrea874

Just a thought, AlmostThere1: Having a SS card would have absolutely nothing to do with any immigration applications going quickly or slowly. The two are completely unrelated (other than needing some sort of status to get a SS card).

Noorah101

Right. And when he wants to return to the USA on an Immigrant Visa in a few years, there will be a box he can check on the visa application in order to have a SS number issued automatically when he enters at the POE. So having the SS ahead of time isn't that big of a deal.

Rene

Just Jenney

It would make filing joint tax returns easier, though.

~ Jenney

AlmostThere1

True, but it would be one less bureaucratic hoop to jump through. Another thought if he got the SS while on the K-1. Get a CC(secured would probably be the only option) and when/if he returns to the US he will have a least a basic credit history, rather none at all.

Noorah101

True, although at the time they file a joint tax return, they can request a TIN number for him at that time.

The credit card idea is a good one, just depends how much time they want to spend in the USA before heading back to the UK. He shouldn't apply for the SS number until he's been in the USA for about 10 days, and then it takes 2 weeks to arrive in the mail, then he has to apply for the secured credit card, wait for that to arrive in the mail, etc.)

Rene

UKDavey

Hi everyone. Thanks for all the replies, your help is much appreciated and has certainly put my mind at rest with regards to not filing AOS.

If I obtain an SS number before returning to the UK, would filing US taxes be mandatory? I can certainly see the benefits to obtaining a credit history, but I've decided it will be simpler and cheaper tax-wise if my wife and I file separate taxes, i.e. I'll file UK taxes only and she will file US & UK taxes, but her salary will almost certainly fall below the $80k overseas allowance so she will effectively only pay tax in the UK.

I know the UK and US have a dual tax treaty, but I've read that there are specific rules for Green Card holders (from what I've read, by definition Green Card holders are US residents and must pay US taxes, regardless of whether they reside in the US or abroad and thus cannot claim exemption under dual tax treaties). I would not want to obtain an SS number if it would mean I'd fall under this trap.

Many thanks.