Englishoak

Hi...one has arrived back in the UK.... Now my wife is saying she will still file our marriage to the uk office eventhough devorce is imminent..(is there any point to this?).....Also she believes that i can return to the US if i wish, to continue proceedings to become a cit...and remain husband & wife..
I was on the belief that once i left the US without parole then it would be registered as abandonment of the process..
Really getting confused here as i cannot keep flying in and out of the US(with my pet)on the belief that we will be ok and that this wont happen again..
One believes she can summon me as her spouse if we wish to save our marriage....but in my eyes the whole process is over now after two attempts of moving forward..
And what to do about my taxes in the US is another question as one was employed for three months on the belief that our marriage would be filed and a green card would be issued...
Stress stress and more stress!

pianoplayer

Where in the AOS process were you? Is your wife now considering continuing the process, by consular processing?

I guess the question to ask is whether you realistically believe that you can work things out. If not, why do you want to go back? If you still love her and you can work things out, great, try to start the process again, but if there is no hope, is she doing this only so you can get a GC?

pianoplayer

As far as I know, if you leave before getting AP and you are in AOS process, they do consider it abandonment of status. You may have to start everything over again or do consular processing in UK. I am sure others will also comment whether my info is correct.

Englishoak

We got as far as becoming married in springfield (mass).....no paperwork was filed at all......got social security number....added on her healthcare/dentalcare....thats it.........
Not sure why she wishes to continue process as i have no intentions of trying to get GC.....only reason i filed a K1 was to marry and be together...no point in getting GC if were apart etc...

Kate2112

What exactly is your question?

You need to decide whether your marriage has a chance of being reconciled, everything else is pretty much irrelevant until you make that decision.

If you decide it is not salvageable then any questions about a AOS/GC are irrelevant.

Take some time to think about this.

Noorah101

So you are back in the UK, your wife is in the USA. Does your wife even have any kind of status in the UK? If not, she can't file your marriage directly to the UK office anyway.

As for taxes, you worked for 3 months...they took taxes out of your paycheck...not sure what your question is about taxes, exactly.

If you don't see any hope, which I think you don't, then simply don't pursue immigrating here anymore. I don't think you can return anyway, since you left w/o AP, unless you have some other visa or VWP to travel on.

I think you just have to set her straight as to what you want to happen, and how you want this to end.

Best Wishes,
Rene

Elvira

Can I just add one thing: if - for any reason - you two decide to make another go of it, PLEASE, for the sake of your pet, do it in the UK!

I realise you are going through a lot of emotional upheaval, but your pet should not have to pay for all this mess.

From what I understand it is very easy for a UKC to get a spousal visa to bring a wife to the UK. That would at least allow to try and sort out your relationship without all the added hassle of having to worry about immigration.

And your dog will no doubt thank you

meauxna

Engishoak, personal advice only here.... you might consider a break in communications with this woman for awhile... like a couple of months 'awhile'.

What she proposes is insane in my world. You have gone over and above in "trying" on this relationship.

In your shoes, there is no way I would return to the US for her. Sorry, pal.

pianoplayer

Yes, I think that is a good idea. And then if she really wants to try and work things out with you, I think it's time for her to show how serious she is - if she is willing to go to the UK, that proves something.

Rete

You have not abandoned anything since you didn't file anything. The K-1 was for your entry into the US and then for your ultimate marriage, which you did.

You, of course, avail yourself of the VWP to come back to the US if needed to finalize your divorce proceedings.

As for your marriage, only you and she know what you want to do. As for taxes, you don't have to file if you made under a certain amount of money and for three months it is assumed (by me) that you did not. However, if they withheld money that you want returned, then file as married, separate, and get that money back.

Englishoak

Thanks for your advice Noorah.....Before i left my wife stated that i could be imprisoned for tax evasion due to working after my original work permit expired......like you said..my paychecks were taxed so i didnt see a problem...like the others have said here,maybe i should summon her to the UK( that is unlikely to happen as she has 2 kids from different US fathers)but one did enjoy working and living in the US...shame really as one got on well with all my american friends etc

pianoplayer

[QUOTE=Englishoak]Thanks for your advice Noorah.....Before i left my wife stated that i could be imprisoned for tax evasion due to working after my original work permit expired......like you said..my paychecks were taxed so i didnt see a problem...like the others have said here,maybe i should summon her to the UK( that is unlikely to happen as she has 2 kids from different US fathers)but one did enjoy working and living in the US...shame really as one got on well with all my american friends etc[/QUOT

I think some others gave you really good advice. Take some time to reflect on what you want. Then approach her with your decision. But you cannot keep travelling back and forth with nothing to go on. She needs to indicate a level of commitment.

You may want to consult someone about the taxes, but I think Rete is correct - if anything, you probably overpaid them(you may be able to get some back if you claimed). But you may write that off as neglible if you do not go back. If you want to know for sure, consult someone.

Good luck!

Noorah101

I don't know anything about tax evasion, but since you paid taxes from your paycheck, I can't see how you evaded it...whether you had employment authorization or not.

As Rete said, you can file 2006 taxes as well in order to try and recoup some of the tax you DID pay in.

I think your wife is threatening you with scary stuff in order to make you come back (my opinion).

Rene

pianoplayer

Yeah I agree...the issue of working without authorization is totally different from the issue of evading taxes...he already paid his taxes, if he wants to, he can consult someone about filing a claim from overseas or something, but I dont think he owes the IRS anything...is there a requirement for him to file a return even though he does not owe anything?? I know USC and GC holders have to, but he is neither...