Rootbeer

OK, I'm not exactly rich, not rich enough to be able to afford one of the investment visas, but I'm quite comfortably off, with savings and assets and a well paid middle-management job in the UK. I'm highly employable, but not so specialist as to make H1b a simple task. Unfortunately b/f is clinging on to the straggle ends of self-employment, hasn't filed taxes for years, and there's no way he'd ever be able to qualify as a sponsor for me.

I sure know how to pick 'em!

I can't seem to find a way through the American system that I'll ever be able to marry my American lover and live with him in America, not even if we marry in the UK and try to return years later. Is this true?

My options seem to have narrowed to getting a student visa, finding a H1b job while I'm over there, using H1b to get citizenship in the long term, and then marrying him, hopefully before we get to retirement age.

Is there a loophole I've not spotted? I'd really appreciate any glimmer of hope that anybody could provide.

meauxna

Yes!

I-864, "Can the Intending Immigrant Help Me Meet the Income Requirements?"

You are the intending immigrant.

lostlove

Hi:

I am glad you have put love on the front seat and his poverty on the back seat.

He may have a co-sponsor to meet the minimum financial requirements. I am sure you will hear from our exp. posters more on this topic.

Noorah101

Yep, if you're doing a K-1 fiance visa, your USC boyfriend can find a sponsor for your affidavit of support I-134 (www.uscis.gov, Forms, I-134), or you can possibly "self-sponsor" for that.

Once you're in the USA, your USC husband can find a Joint Sponsor for your I-864 affidavit of support (www.uscis.gov, Forms, I-864 and I-864P to see the income requirements).

Rene

Bluegrass Lass

Hmmm...thinking out loud here. Once they get married, wouldn't her assets be counted as his assets? He could then qualify if the assets meet the 5x the income requirement. This is all assuming her assets are enough to meet the 5x requirement.

Noorah101

Yes, once they are married they can combine their assets. The assets only need to equal 3x the amount needed in income.

If a joint sponsor is being used, and the joint sponsor wants to use assets, then the assets need to equal 5x the amount needed in income.

Rene

Rootbeer

Thank you so much everybody for changing the way I've been reading I-864.

I'd figured that I could comfortably pass the 3x poverty requirements using my own assets, but wouldn't this be a self-sponsorship? Hey-ho, don't question the madness I guess.

Just one more point of reassurance sought, if he submits an I-864 for me, but doesn't attach any tax documentation (as he doesn't have any) are the USCIS still going to allow my self-sponsorship?

We've not come to a decision yet on which entry route to take, whether to go down the K-1 or CR-1 route. We're both in our 40s, neither of us have ever married before and we're a bit old for settling down I suppose. Being independent is a hard habit to break. But, well, the immigration people at the airport are starting to question us more and more about our frequent flights, he has a hell of a time getting into the UK on a plane ticket that I've paid for. We've been back and forth for a year now, it's only a matter of time before one of us is refused entry, so we've decided to bite the bullet and go for it...

Thank you for your support everybody

Noorah101

If you, the UKC, have assets equalling 3x what is needed in income, you can use that on the I-134 and probably be accepted. If you are married, you can probably use that on your husband's I-864 and be accepted also. It depends on the nature of the assets. Cash in the bank is best. A home (especially a primary residence) is not so great.

Usually the most current 3 years of tax returns are required from the sponsor (and joint sponsor, if one is used). Why hasn't he been filing tax returns? Has he not earned the minimum required to file? If he has not earned the minimum required to file for the past 3 years, he can write a statement to that effect and turn it in with his I-864.

Rene

Bluegrass Lass

Thanks for clarifying Rene. For some reason, I always get confused when to use the 3x or 5x requirement. Wish I could keep 'em straight in my mind after all these years!

Noorah101

The easiest way to remember, is that for a married couple it's 3x if they are using their own assets. For everyone else, it's 5x.

Rene

Michelmas

How does anyone know who paid for the flight, and why should that matter as long as it IS a return ticket?
Frequent trips on the VWP will get you looked at though.

Rootbeer

Yeah he's a honey.

He's a honey, but he's also an idiot. He spent years supporting the medical bills of a now deceased ailing parent. He took the view that as he couldn't afford to pay his personal taxes or his company taxes (self-employed), the best thing was to stop filing and stop paying his accountant. He's slowly starting to get himself back into order, but has sizable debts compared to his income, so it'll take a good few years. He hasn't filed for at least 5 years, and lives in constant fear of the knock at the door. Is this going to be a problem? Would it be a better idea for him to come to the UK until he's sorted this out?

These days you don't get given a return ticket on your outbound journey, you get an itinerary instead. This has the name of the purchaser at the top in big bold letters. It's his only proof of a return ticket, and sometimes he has to show it.

I'm getting a harder time from immigration each time I go through on the VWP. I'm thinking of carrying proof of my salary with me next time I travel, to show why I'm not about to jump ship and go fruit-picking or whatever illegal workers do in the US. Is pre-empting the officials a good idea, or will it just make me look more guilty?

Again, thanks for your support everybody, I'm sure this is just the tip of the iceberg regarding the complexities we'll face in the next year or two.

meauxna

No, it wouldn't be better for him to leave because he hasn't filed his tax returns.

Some people would look at him taking on the obligation of a parent as a positive thing, just for another perspective.
The tax returns need to be filed. Full stop. In a way, you are doing him a tremendous favor in forcing this issue because the stress of knowing the IRS may come calling can be huge. This way, he gets everything filed and over with and is able to face the future with you next to him.
Anyway, the IRS doesn't come to the door; they'll send him demands in the mail.

In order to sponsor your immigration, which he must do, he will need to declare that he has filed his past 3 years of income tax returns. It's ugly, it's no fun (especially for a self-employed person) but it has to be done. If he owes money to the IRS (and he probably will; self employed people have to make all their own tax payments) he can make a payment plan with them.. he doesn't have to be paid in full to sponsor you, but he has to have filed.
Filing is the most important thing, when it comes to US taxes. It's a very different system to the UK.

Unless you plan on immigrating on your own merit, or having him immigrate to the UK, he will need to file his income tax returns. An accountant will be a big help, even if an additional expense (the CPA may pay for himself in finding ways to reduce the tax bill).


Overstaying in the US illegally for a fruit picking job is not what most people in your profile do. Plenty DO come and stay illegally for a lot of other reasons.. jobs better than fruit picking, just because they want to, or, (bad for you) because they have a US citizen love interest. Spouses of US citizens are at the front of the line for a 'green card' and a lot of people come to the US and immigrate illegally because of looooove. Don't be too sure you don't fit a profile.
Fruit pickers aren't the only types of illegals border agents are trying to spot.

Noorah101

And don't forget the CPA's fee is a tax deduction!

Rene

Errol

I would recommend he talks to the accountant if he can qualify under the IRS offer in compromise. This program settles the tax liabilities for less than the amount owed. (my guess is there is an excellent chance he can get at least the penalties waived) Below is the direct link to the IRS web site on the Offer in Compromise program.

http://www.irs.gov/businesses/small/...104593,00.html

Errol