viitav

Hey guys!!

So my husband and me are about to start the process of moving to the US.
My husband is american and came over here on a spouse visa nearly 2 years ago and hates it therefore we are moving back to the states.

We have a 8 month year old daughter and will be registering her birth at the US embassy in London in the next 2 weeks or so.

Just had a few questions as I am due to file our petition next month (once we have been married for two years).

Are the time scales for the visa application via the london consular realistic (3-5 months?).. We are ideally wanting to be in NY by the end of November?

My husband has to file his last tax year however I have no idea where to go to do this and no idea of what charge to expect to file his W2?

With the medical examination do they still do genital checks as this horrifies me? lol..

My husbands Aunt is going to co-sponsor me with my husband - is it just her most recent W2 she needs to provide alongside the form?

Also in regards to the Visa interview do I need to take proofs of relationship? I had to do a dossier for the UK Spouse Visa application of photos and texts and logs however we didn't live together then as he was in the states.

Thanks in advance for your help!

V

viitav

Also a quick Q..

IF and when I am approved an I enter the US am I able to work immediately or do I have to wait for my social security number?

I work for a US company and they have a opening in the New York office so the plan is to transfer over my role just they will not be supporting my visa.

My husband has also been offered his job back at his old company - is there a way of either my transfer or my husband having this job offer offset having to use his aunt as a co-sponsor? We'll be both earning substantially more then the household requirement?

Noorah101

If you and your husband can get it in writing from your emoloyers that your jobs will continue in the USA, then you don't need a joint sponsor.

You will be able to work immediately in the USA, even without the SSN.

You can file the I-130 now. At the interview, the marriage will be more than 2 years old, so an IR-1 will be issued.

A 6 month timeline is typical.

Rene

viitav

Hey Rene,

Thanks for this!

I'll see what the employers say - can it just be a brief letter on letterhead stating salary etc? If for instance we use my husbands ex employer in the states who's offered him a role what does he need to stipulate? The package offered? His salary will be $70k pa.
Also in regards to the route we go down be it letter from employer or joint sponsor this can be ironed out whilst we wait to hear back from our petition? They only need this information at the DC interview when you hand over your packet?

Also he hasn't worked for the past year as he's been looking after our daughter - will this be an issue with his application? I assume not but just wanted to confirm - he is the Citizen and will have a job there/joint sponsor.

Amazing news about working immediately I thought i'd have to wait!

Rete

As Rene stated, you can file the petition today if you want. The marriage does not have to be 2 years old at the time of filing but in order to qualify for the unconditional green card, the marriage must be past its second anniversary at the time you enter the US with the shiny new visa.

I don't know about the genital exam but if there is one, it is only to look to see that you are female and not an OBY/GEN exam. I take it you are not a nudist

There is no charge to your husband for filing his tax return and it is filed the UK office of the IRS.

If the US employers refuse to give you and your husband letters attesting to your continued employment in the company(ies), then your aunt would need to complete I-864 and she needs to prove she is a US Citizen or at least a US Permanent Resident and needs 3 years of tax returns. She can order tax transcripts over the phone from the IRS for past years filed. There is no charge and it is easier to use them then to use copies of the actual 1040's she filed along with her W-2, etc.

Note that the company letter should state the salary that you will be earning in the US.

As for proof your marriage his filed tax return showing he filed as married (and hopefully, joint) and the birth of your infant are excellent proofs.

We posted at the same time. Please do not call it a DC interview. It is a IR-1 interview if you have to call it anything.

viitav

Hey Rete!

Ahh okay amazing thats great news. Thank you both for clarifying. In regards to the green card as I understand its valid for 10 years - after this what happens?
It's crazy how different the process is in the UK and the US! Hubby's was valid for 2.5 years, then has to reapply for another 2.5 years and then he has to apply again for citizenship basically.. This seems like a lot less stressful!

Hahahah deffo not a nudist and after recently having a baby i'd rather not have a doctor down there for a while.

I just googled the london IRS office and it appears that its been closed? I've seen companies charging hundreds of pounds to file your W2 for you so i'm hoping theres another alternative to that?

Okay thank you for the info on the tax transcripts that helps a lot!

Would we both need these employment letters or would my husbands by itself be sufficient enough?

My husband filed his taxes as married and when he files his W2 he'll add our daughter also so thats great that it counts as a proof.

Thanks for the head up on the IR-1 interview!

Pulaski

If you don't want to become a US citizen, then at the end of ten years you can renew your green card, and repeat every ten years thereafter.

If you want to become a USC then you can apply after three years of living in the US married to a USC (otherwise it is after five years). In either case you can apply 90 days ahead of the third/fifth anniversary of entering the US to live there.

viitav

If I decide to become a US citizen would I lose my UK citizenship?

Pulaski

No, full stop.

I am, as many of us here are, a dual UK & US citizen (British by birth, US by naturalization); some have three or even four citizenships!

viitav

You guys are amazing honestly i've found out a lot of things already!
I did use another expat forum previously but you are certainly a lot more friendlier and responsive.

Well hell, i'll be applying after 3 years then it makes sense!

I'll be back once it comes down to filing my petition haha.

Have a lovely day!

Rete

He does not file a W2. The W2 is the employer generated form that shows the amount of money he has earned over the year and the withholdings. The IRS form that he files is the 1040.

Since he is the USC, he needs to be your sponsor so the letter from his company is needed and his salary of $70K is more than sufficient for a three person household under the 125% of the poverty guideline rules for financial sponsorship.

Further to what Pulaski posted, although you have to renew the card after 10 years ... it is only the card that is renewed. You do not renew your residency. That remains whether or not you have a card to prove the residency.

aless02

Hi! Welcome to the 'club'! :-) I am in the middle of filing for an IR-1 via DCF, and there a few others also knocking around here on British Expats. Your timeline should be okay, though London are taking around 2-2.5 months to process I-130s at the moment (this has been fluctuating over the last several months and could climb at any time). Assuming you had everything in order and got the EARLIEST possible appointments following I-130 petition approval, you could in theory have your visa in as little as 4 months, but 6ish is a more realistic timeline, especially as it would be recommend not to book flights and serve any notice (or request work transfers) until the visa was approved.

Assuming you can get your I-130 petition in before the end of the month, then I think end of November is relatively realistic assuming you have no hiccups. Don't worry about sponsors and medicals right now, focus on getting the petition in as it's a loooooong wait with lots of time to gather paperwork/information while you're waiting for the I-130 to be processed. I've been through it twice (plus another visit to renew a child's passport AND another visit coming up next month to renew another child's passport!) so if you have any questions, don't be afraid to ask.

Personally, I'd recommend getting your baby's birth registered with the embassy as soon as possible, merely to give you one less thing to worry about. It's fairly painless, minus the trip into London, and will get her a SSN and passport all in one appointment.

Best of luck!!

ian-mstm

Quick update on this - they no longer accept IRS tax filings in the UK. They must be sent to the US for filing. That changed a couple of years ago, I think.

Ian

ian-mstm

Indeed there is! Your husband fills in the tax return paperwork himself and sends it to the US for processing. It doesn't cost anything but the postage!

Ian

Rete

Can't he just do it online using one of the software sites?