Starting K1 process - Living in UK?

[Andrea&Mal 1]

My fiance (UK Citizen) and I (US Citizen) just got engaged and have been exploring all our options for visas. From doing all the research, it looks like the K1 is the best option for us. This forum especially has been very helpful, so a big thank you to all of you for the help.

My question is this: I'm currently living in Glasgow as is my fiance. However, I'm planning to move back to the US mid-october. I'm currently employed but will be leaving my job and returning home with the hopes of getting another job soon. It could be a big risk leaving my job without one to go to, but in my field of work there are regularly jobs to apply for. We'd like to get married in the US in about a year and plan to settle there once we marry. We don't want to waste time if we can start the visa process now, but would it be all right to do the first part (I-129) listing my address here and then update once I return home?

Also, will it be an issue for the application if I have a different job during the second process of the application (when my fiance completes Packet 3) and/or if I haven't filed US tax returns over the past three years? I have been living and working in Glasgow for the past six years.

I guess what I'm asking is should we just go ahead and start the application now, or wait until I move back home in October? Thanks for any advice you can give, we both appreciate it!

Andrea

[Fandango 1,440]

Andrea, why are you coming home? Is it to start the process? You could get married there and file DCF.

The tax thing may be an issue, because as a USC, you're still obligated to pay tax on money you earn anywhere.

[Gingerpants 8]

You can list your Scottish address and they'll send it to you there (my last notice was sent from California and only took a week to arrive in Ireland).

I'm not sure what you should do about the situation with your taxes. Did you know you were supposed to file or was it an innocent mistake? It may be something you'll need to sort out with the IRS first.

It's nice to meet another overseas American applicant, and interestingly enough we share the same name

Edited August 23, 2010 by Gingerpants

[Andrea&Mal 1]

I'm in Scotland currently under a Limited Leave to Remain Visa, which expires at the end of November. Our plan has always been to return to the US to settle, so it made sense for me to return home and get a new job instead of getting another (expensive) UK visa to continue to stay here when I'm ready to go home.

As for taxes, my dad and his accountant have filed returns for me but never based on my income here, only on some basic stocks and bonds that I own. My dad has always said that I don't have to pay taxes on income here, that if I'm paying UK taxes that is enough. Considering the returns are filed by an accountant, I just trusted him to know what he was talking about, which may be a problem!

I've only just learned about the DCF today, but was unsure if this would apply to us. Now that I realise it may be a possibility, it has totally changed the way that we're looking at things. Of course we only just got engaged over the weekend, so suddenly talking about getting married immediately is kind of a shock, to say the least! But if it would allow us to bypass the eventual AOS once we get married (and the over $1000 cost) it's definitely something we'd consider. I'll try to find out more information, but would I have to be here in the UK for the entire application process for it to apply to us? Thanks for any advice, it's all a big help!

Andrea

[canadian_wife 1,829]

http://www.visajourney.com/content/dcf

No, you don't have to remain in the UK for the entire process. In fact, it is assumed you will return to the US to re-establish domicile. As long as you meet the requirements when you file, you should be fine

Read the link I gave you about how to qualify and file DCF

I assume you've been legally in the UK under a work visa for more than 6 months?!?!?

Good luck

[* Kristin * 49]

http://www.visajourney.com/content/dcf

No, you don't have to remain in the UK for the entire process. In fact, it is assumed you will return to the US to re-establish domicile. As long as you meet the requirements when you file, you should be fine

Read the link I gave you about how to qualify and file DCF

I assume you've been legally in the UK under a work visa for more than 6 months?!?!?

Good luck

I'm relatively new to this board as well - but just letting you know - we're doing the exact same thing. I'm American living in London the past 3 yrs w/ my fiance who's British. I'm using my parents' mailing address in the States, as it's a bit easier to send things to there.

With regard to taxes in the UK - I was told it depends on your income in pounds. You only need to file if you make over a certain amount...

[Andrea&Mal 1]

Thank you everyone, I really appreciate it. Off to do quite a bit more reading!

[April + Chris 0]

I'd suggest waiting till you got home, just so there is less confusion with the application. I've read about people changing their address and then the mail getting sent to the old address, NOA getting delayed, etc. I'm in the UK and waiting till I go back home in October to file. It's only 2 months anyhow!

[marlea 84]

As for taxes, my dad and his accountant have filed returns for me but never based on my income here, only on some basic stocks and bonds that I own. My dad has always said that I don't have to pay taxes on income here, that if I'm paying UK taxes that is enough. Considering the returns are filed by an accountant, I just trusted him to know what he was talking about, which may be a problem!

This should be ok. You don't have to pay taxes on money earned overseas unless it's for an American company, then things get a bit iffy. So you actually HAVE filed returns for the past three years, but it just wasn't based on your foreign income. There is a difference between that and not filing at all. The only income that is taxable is income that is earned in the US, which would have been income from your stocks and bonds. You aren't required to pay taxes on all income simply because you are a US citizen, you pay taxes on money earned in the US or for a US company. So since you filed, you should be ok. That was my understanding, at least, and it seems that is what your dad has taken care of for you.