Marky B

Although my wife is American she has never lived in the US and therefore never filed a US tax return, so how does this affect her ability to comply with this requirement for a I864 AOS?

Thank you

Folinskyinla

Hi:

Actually, the fact your US wife has never lived in the US is irrelevant, the question is whether or not she filed tax returns in the last three years. If she never worked, she would have had an excuse for not filing a tax return. If she had worked, then she apparently had no excuse whatsoever to avoid the return requirement. She may be required to file late returns. But if she didn't work at all, she should just explain that in an attachment to the I-864.

BTW, for the I-864 to be effective, she will have to come to the United States with you, which I assume is your attention. Do remember that an I-864 can be signed only by an affiant resident in the United States.


Good luck.

Marky B

Thanks for your reply but I'm getting a little confused now.

As I understood it, an intention to become domiciled is sufficient, such as a valuation on our house ie. because we are going to sell it.

Are you saying then that we will not be able to complete the process in the UK? I can get a green card far quicker by doing a direct consular filing in the UK.

Thanks

Folinskyinla

Hi:

My understanding is that you CAN do it in the UK -- its just that you have to show she will be taking up residence with you in the US. In another area of the law regarding "cross-chargability" -- it has been common for visas to be conditioned upon the simultaneous entry of someone else. My understanding is that DOS now does this in situations like this. I will admit that I've never had a client who has had to do this. It might pay to check with the consulate.

L D Jones

Marky B wrote:
    > Although my wife is American she has never lived in the US and therefore
    > never filed a US tax return, so how does this affect her ability to
    > comply with this requirement for a I864 AOS?

See the first part of this page

http://www.usembassy-
.org.uk/cons_web/faqs/iv/ivindex.htm

Based on what I've read here for others in situations similar to yours
as long as:

Your wife files her tax returns for the last 3 years
You find a co-sponsor for the I-864 (if you need one)
Your wife intends to reside in the US

you ought to be able to complete the process at the Embassy in London.
As I understand it, the IRS office at the embassy can help your wife to
file her tax returns. As a US citizen your wife is required to file a US
tax return every year whether she lives in the US or not (except, I
think, under certain circumstances).

Your wife will be the primary sponsor no matter whether she meets the
required income level or not (I assume she doesn't).