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USC moving to USA with UKC spouse question... HELP

USC moving to USA with UKC spouse question... HELP

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Old Nov 11th 2015, 8:31 pm
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Default USC moving to USA with UKC spouse question... HELP

Hello! This is my first post here. I am actually the USC and my husband (of 5 years) is the UKC but I'm the one sorting the visa out so I'm the one making the posts here.

Firstly, I think I might be an idiot. I have been looking around the internet for HOURS and I can't seem to figure out what I'm doing.

I'm wondering if anyone that has finished this process, or is in the middle of it (or even understands it for that matter) can give me a simple list of exactly what we have to do/apply for/fill out/fees.

I've read different things in different places and I'm hoping that the process is this:

-file I-130 petition -$420
-wait for it to be accepted
-file DS-260 - $230 + $88
-Doctors appointment in London £250
-visa interview in London
-receive stamped passport
-move

ANY kind of information is helpful. I feel SO confused and SO lost.
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Old Nov 11th 2015, 10:42 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

Originally Posted by munchmunch
I'm wondering if anyone that has finished this process, or is in the middle of it (or even understands it for that matter) can give me a simple list of exactly what we have to do/apply for/fill out/fees.
First, let's start off with my 3 rules for filling out forms. If you follow them, you'll be fine. If you ignore any of them, you'll end up confused.

1) Take each question at face value;
2) Do not ascribe any meaning to the question beyond that which is plainly written; and
3) Do not try to alter the question to fit your circumstances.


-file I-130 petition -$420
-wait for it to be accepted
-file DS-260 - $230 + $88
-Doctors appointment in London £250
-visa interview in London
-receive stamped passport
-move
Yes... that's essentially it. If you're able to file the I-130 directly to London (which it seems you are), it'll take about 3 or so months for the I-130 to be approved, after which your UKC husband will be invited to apply for the immigrant visa (DS-260). It'll take another 2-3 months for that to be approved. All in all, about 6 months from the time you submit the I-130 to your husband getting an immigrant visa in his passport (it won't be a stamp, as you indicate). The visa will be valid for 6 months from the date of his medical... and he'll become a US permanent resident (= green card) the day he enters the US with his immigrant visa.

He'll also need an ACRO police certificate prior to his medical. All in all, be prepared to spend about $1,500 for everything. As I've said a number of times, you're about to learn a new language: immigration-speak. It looks a lot like English... but it isn't! We'll be happy to answer any questions you have.

Ian

Last edited by ian-mstm; Nov 11th 2015 at 10:44 pm.
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Old Nov 12th 2015, 11:21 am
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Default Re: USC moving to USA with UKC spouse question... HELP

While these aren't needed until the visa interview, we found that gathering these ahead of time helpful:
  • Any foreign police certificates for countries where husband has lived for over 6 months
  • Assuming you're the financial sponsor, you'll need a copy of last year's US tax return along with a copy of the w2 and any 1099's. If you haven't already, I would also make sure you are up to date on your US taxes and that you don't owe anything.

For fees, you can add these to your list:
  • $325 visa fee to be paid on the day of the interview
  • $165 green card fee to be paid after you receive your visa

Good luck!
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Old Nov 12th 2015, 12:17 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

Originally Posted by Sfpals
Assuming you're the financial sponsor, you'll need a copy of last year's US tax return along with a copy of the w2 and any 1099's.
It sounds as though she's living in the UK, so it's unlikely she'll have W2s or 1099s. Still, she does need to file her US tax returns - but it's generally recommended to file the most recent 3 years' worth... not just 1 year.


Any foreign police certificates for countries where husband has lived for over 6 months
The criteria are a police report from the country in which you currently live if you've lived there more than 6 months, and one from every other country where you lived for more than 1 year since age 16.


I would also make sure you are up to date on your US taxes and that you don't owe anything.
This is good advice, but there is no requirement to not owe anything.

Ian
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Old Nov 12th 2015, 4:49 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

Thank you both so much. I'm certainly used to visa-speak, though it's been many years.

Yes, we are currently in the UK.

I don't know how to use quotes, but Sfpals mentioned another fee that I'd not mentioned of $325 for the visa... Am I wrong them thinking that the DS-260 is the visa form and the fee for that (the $88 + $230) is not the same thing?

So the fees are then:
I-130 = $420
DS-260 = $230 + $88
"visa" = $325
Doctor = £250
Green card fee? = $165 (this is the first I have heard of this)
Police fee = (I cant remember but it's small)

Also, my mother will be the financial sponser, but I believe I have to have my tax forms too. Which I have only recently found out that I was supposed to be filing the whole time I've lived in the UK. I'm attepmting to figure out how to back file but that's another story.

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Old Nov 12th 2015, 4:53 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

YOU will be the financial sponsor, whether you qualify financially or not, so you still need to complete an I-864. Your mother will be a joint sponsor and completes a separate I-864.

I've heard there is a helpful IRS office at the embassy in London who can help you with back tax returns.

Rene
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Old Nov 12th 2015, 6:51 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

I have just finished the process, although my wife filed from the US, she moved back early to sort out a job and abode, we had lived in the UK for 4 years, she had the right to remain in UK

I can probably help with most things

Yes the $165 green card fee is a little sneaky one I only found out about after my approval at the Embassy!

Our biggest hold up was retrospective filing of US taxes, we hadn't bothered, so we had to file 3 years past

The nice thing was we claimed back our moving costs via the IRS which was an unexpected billy bonus

My advice and is don't over think the forms, answer the question as it reads, don't give extra information to help (it doesn't)

Good luck, and just knock if I can help lol

Derek
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Old Nov 12th 2015, 11:05 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

Originally Posted by Noorah101
I've heard there is a helpful IRS office at the embassy in London who can help you with back tax returns.
Since 9/21/15, there is no IRS office in London. The tax returns must now be filed with the US.

Ian
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Old Nov 12th 2015, 11:56 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

Ah, thanks for the update, Ian.

Rene
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Old Nov 13th 2015, 9:19 am
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Default Re: USC moving to USA with UKC spouse question... HELP

Originally Posted by Sfpals
While these aren't needed until the visa interview, we found that gathering these ahead of time helpful:

[*]Assuming you're the financial sponsor, you'll need a copy of last year's US tax return along with a copy of the w2 and any 1099's. If you haven't already, I would also make sure you are up to date on your US taxes and that you don't owe anything.
Since this has been mentioned here, may I ask for confirmation, that I have understood this requirement correctly? I ask her because this will also impact the OP, as it sounds like we have similar circumstances. I am the USC and my USA-based parent will be the financial joint-sponsor, since my UK income will not continue post-move. We are also a London DCF case. So here goes:

I complete an I-184, follow Ian's rules to the letter and I answer the questions directly by reporting my current income as is (leave it for the London Embassy to use their logic to see it won't continue, rather than stretching the form to fit me) and I provide the last 3 years' of IRS Tax Transcripts, which I already have.

My father, the financial joint-sponsor, then completes an I-864. He provides the last three years' worth of IRS Tax Transcripts.

My question is about the mention above of W2s and 1099s. Will my father need to provide these in addition to the Tax Transcripts, or does the latter suffice alone?

I ask this here for my own case, but thought asking this here would also help the OP prepare.
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Old Nov 13th 2015, 12:23 pm
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Default Re: USC moving to USA with UKC spouse question... HELP

Originally Posted by southerners
My question is about the mention above of W2s and 1099s. Will my father need to provide these in addition to the Tax Transcripts, or does the latter suffice alone?
If you're using transcripts, you do not need W2s or 1099s.


... thought asking this here would also help the OP prepare.
If the OP is only now filing back taxes, transcripts won't be available to use for immigration purposes. That said, if she's had any income, it'll likely be UK based so W2s and 1099s don't even enter into the equation. Also, something I don't think has been mentioned yet - if she earned below the IRS threshold for filing, she doesn't need to include tax returns... just a note that explains why no tax returns were filed. Her mom will include her own tax returns since she's acting as a joint sponsor.

Ian
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