Married on Wrong Visa and Tax Return ?'s

[Peabody2 0]

Hello, I've just sent in our I-130 to the London Embassy a few days ago and had a few questions I was hoping to get some help with.

My British husband and I were married in the US,I'm a USC, almost 8 years ago. He was in the US on the 3 month visa waiver program and when he entered the country we did not intend to get married. But a long story short, we ended up doing it a few days before he was meant to return to England. We've been living in England ever since, but now we're wanting to move back to the US with our 5 year old child. Do you think the fact that he wasn't on a fiance visa when we got married is going to cause us problems now?

My next question is about the 3 years worth of tax returns I need. I've been a SAHM for the past 5 years and so I've not filed a tax return. Should I have been and just claiming $0? Or do I need to get copies of the last three years that I worked?

Thanks so much, I'm sure I'll have many more questions along the way.

[Peabody2 0]

One more question - and this is probably the dumbest question ever asked on here - but our child is a dual citizen and holds both a British and an American passport. So since he's an American, he's all set and the only thing we'll need to do for him is buy a plane ticket right?

[Harpa Timsah 13,258]

You do not need a fiance visa to marry in the US, so no issue there.

Your kid need his US passport and a plane ticket.

You were not required to file taxes because you made no money.

Edited July 7, 2012 by Harpa Timsah

[Peabody2 0]

You do not need a fiance visa to marry in the US, so no issue there.

Your kid need his US passport and a plane ticket.

You were not required to file taxes because you made no money.

Thank you so much - it's not often I get all the answers I'm hoping for

But just to clarify, I don't need to submit or bring any tax returns?

[Harpa Timsah 13,258]

Well, you made no money so you are not required to file tax returns. You will need a co-sponsor anyway, who will need to provide tax returns (unless your husband can self-sponsor at London or you have enough assets). You will need to provide a letter stating why you were not required to file tax returns.

[GlobeHopperMama 95]

You should prepare a letter, however, explaining why you didn't file a tax return. Stating that you worked as a stay-at-home-mom and received no income and therefore weren't required to file a tax return should be plenty sufficient! And yes, just make sure your son uses his US passport to enter the US (and vice versa for entering England).

[Anh map 2,098]

Thank you so much - it's not often I get all the answers I'm hoping for

But just to clarify, I don't need to submit or bring any tax returns?

You must as the petitioner complete the I-864 affidavit of support regardless of income. If you cannot meet the requirements then you will need a joint sponsor.

You will need to establish US domicile.

Look at the I-864 FAQ link in my signature below. It ought to help you with some of your questions and preparations.

[Peabody2 0]

You must as the petitioner complete the I-864 affidavit of support regardless of income. If you cannot meet the requirements then you will need a joint sponsor.

You will need to establish US domicile.

Look at the I-864 FAQ link in my signature below. It ought to help you with some of your questions and preparations.

[Peabody2 0]

Oops! Let's try this again.

Thanks so much for all of the replies - they've been very helpful.

I did know we'd need a co-sponsor and my father is already working on his I-864. I didn't realize that I'd need to fill one out since I've not had an income in so long, so that's good to know.

I am really stressed out about how we're going to establish US domicile as we rent here, my husband is self employed, and we're going to be staying with my parents until we both find jobs. I read that if the USC goes over first and starts setting things up it looks good, but then what happens if your partner's visa is denied?

I'll check the link now, thank you.

Edited July 7, 2012 by Peabody2

[aaron2020 11,651]

Oops! Let's try this again.

Thanks so much for all of the replies - they've been very helpful.

I did know we'd need a co-sponsor and my father is already working on his I-864. I didn't realize that I'd need to fill one out since I've not had an income in so long, so that's good to know.

I am really stressed out about how we're going to establish US domicile as we rent here, my husband is self employed, and we're going to be staying with my parents until we both find jobs. I read that if the USC goes over first and starts setting things up it looks good, but then what happens if your partner's visa is denied?

I'll check the link now, thank you.

You are required to establish a domicile when your husband enters the US. You can do this when he enters the US on his immigrant visa with you. There is no need to go first. You can go together. List your parents' home as your intended domicile when you return to the US. Have your parents' provide a notarized letter that they are expecting you and your family to move in with them.

If his visa is denied, then you can file for an appeal. He cannot immigrate to the US without a visa. Furthermore, a visa denial will prevent him from using the VWP.

Your son has a claim to US citizenship, so you will need to file a CRBA for your son at the US Embassy. You will also need to get him a US passport.

[Peabody2 0]

You are required to establish a domicile when your husband enters the US. You can do this when he enters the US on his immigrant visa with you. There is no need to go first. You can go together. List your parents' home as your intended domicile when you return to the US. Have your parents' provide a notarized letter that they are expecting you and your family to move in with them.

If his visa is denied, then you can file for an appeal. He cannot immigrate to the US without a visa. Furthermore, a visa denial will prevent him from using the VWP.

Your son has a claim to US citizenship, so you will need to file a CRBA for your son at the US Embassy. You will also need to get him a US passport.

Thanks, our son already has US citizenship and a US passport.

I understand that my husband cannot immigrate without a visa, I just thought you had to prove domicile before you moved back to the US.

I'll have my parents work on the notarized letter, thank you.

[aaron2020 11,651]

Thanks, our son already has US citizenship and a US passport. Cool. One less thing to worry about.

I understand that my husband cannot immigrate without a visa, I just thought you had to prove domicile before you moved back to the US.

I'll have my parents work on the notarized letter, thank you.

From US State Dept. concerning domicile and the I-864: http://travel.state.gov/visa/immigrants/info/info_3183.html#18

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
  
• Secure a residence in the United States
  
• Register children in U.S. schools
  
• Relinquish residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

Edited July 7, 2012 by aaron2020

[Peabody2 0]

Thanks for the reply, that is helpful.

I'm still not really sure what we can do from here though. I'll bring a letter that shows we're ending our current tenancy, but as for the other things listed, how can you find employment when you aren't sure when you're going to arrive in the US? And as I said, we're going to be staying with my parents - but I'll get a notarized letter from them stating this now - and before we enroll our son in a school, we'd like to at least visit it, speak to the teachers, etc. you know?

Edited July 7, 2012 by Peabody2

[aaron2020 11,651]

Thanks for the reply, that is helpful.

I'm still not really sure what we can do from here though. I'll bring a letter that shows we're ending our current tenancy, but as for the other things listed, how can you find employment when you aren't sure when you're going to arrive in the US? And as I said, we're going to be staying with my parents - but I'll get a notarized letter from them stating this now - and before we enroll our son in a school, we'd like to at least visit it, speak to the teachers, etc. you know?

Totally get you. I wouldn't send my kids to a school that I didn't check out first. Some teachers are better than others. I put my best efforts into getting my kids the better teachers. Talk to the parents with children who are a year or two ahead of your son in school. These parents can give you great advice on which teachers are the good ones. They can also give you inside information on how to get your son into a particular classroom.

For the domicile issue, just enroll your son in any school for now. You can change this when you return to the US. You are not locked into your initial choice. Do what you need to do to get an immigrant visa for your husband. You can change your son's school or teacher after you get back here.

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Here's a good article for you; http://britishexpats.com/wiki/Guide_to_Proving_US_Domicile_Intent_When_Living_Outside_the_US

Guide to Proving US Domicile Intent When Living Outside the US

A 10-step guide that's easier than AA!!

Preliminary Note: if the foreign spouse [not the US Citizen spouse] has more than 40 quarters of earnings which were subject to US Social Security, no I-864 is needed. This is proven by use of form I-864W signed by the "foreign spouse" with proof of the Social Security earnings. This situation is more common than one thinks -- prior work may have been on prior non-immigrant visas [E, H, L's], a prior period of green card status, or even long term illegal residence in the US.

1. Ask yourself what evidence you have already that you can use and the next question you should ask yourself (out loud is always good) is how can we prove that we are serious about breaking ties to the UK.

2. Make sure the US spouse has filed a US tax return each year. Even if its nil.

3. If you are going to reside with an in-law, then you should look to formalise that relationship perhaps with a contract. Others will disagree with me, but when we applied, we had a letter from my in-laws saying we could have stayed with them, it was rejected on the basis that it was too informal. The CO said explicitly, unless you have a lease, you will not succeed. That is NOT to say that it is like that in each case, but that scenario is occurring more frequently.

4. Provide proof that you are house-hunting, job-hunting, enrolling kids in a local school, enrolling in local education programs yourself (if applicable), car ownership/title. All of this will help prove that you are active in establishing a life in the US. After all, we all need to live somewhere to live and earn income.

5. Going back to one, if you don't already have this, get your spouse to have a US bank account, US drivers license, proof of their US voting record. All of this will prove that they haven't given up their US life entirely.

6. Perhaps your spouse have been successful in finding a job, and may have a letter from the new employer stating that - that would be very useful. Failing that, evidence that they have been very active in trying to secure employment. Again, think of the basics, where is your US income coming from? If you are merely job hunting that is fine but prove that you are.

7. The big question these days is evidencing intention to leave the UK. Remember you only have to prove your intent sufficiently - you do not actually have had to left the UK.

Good ways of proving this is a letter from a estate agent proving the property where you live is for sale, or that your landlord has noted your intention to relinquish the lease you have. Perhaps you have given notice to your employer, that too would be useful.

Perhaps you have also relinquished financial affairs in the UK - sold investments, closed bank accounts. Once again, prove that your life in the UK is winding down. After all, if you are going to live in a foreign country, you wouldn't subscribe to another year of Sky Sports, you have to consider how the CO will look at your application in this context.

8. The 100% foolproof way of proving domicile in the USA is for your US spouse to leave the UK and go to the US ahead of you. Being apart will suck but it will get you the end result.

9. All of the above have worked for different people at different times. But remember that the person assessing your application may have got dumped last night, might have a bad hangover, or might just be a evil spirited pig.

What you have to do is give them so much evidence they cannot turn you down. They have to satisfy themselves and their employer - i.e. the United States Government - that you will not be a public charge and you are going to have a meaningful life there.

10. Ignore all the friends' advices that by the way, they have green cards and pop over to the States once in a while to top it up. You are exporting your lives and living on a different continent, and you need to be serious about that. Dropping in to the States for a summer of sun isn't the same as living there.

Do remember the most important rule of all is to understand the instructions given to you and give them what they ask for. Each case is different.

Finally, congratulations, you have made it this far. You have got through the preliminaries and some way to achieving what many millions of people will never get the chance to do. Now, you have to close the deal. Get the proof you need, and you will find yourself with a visa stamp and the chance to live in the world's greatest country. Good Luck!

[Original work by Ginblossom]

Edited July 7, 2012 by aaron2020

[yachachiq12 43]

Thanks for the reply, that is helpful.

I'm still not really sure what we can do from here though. I'll bring a letter that shows we're ending our current tenancy, but as for the other things listed, how can you find employment when you aren't sure when you're going to arrive in the US? And as I said, we're going to be staying with my parents - but I'll get a notarized letter from them stating this now - and before we enroll our son in a school, we'd like to at least visit it, speak to the teachers, etc. you know?

You can show email inquiries and correspondence for things like school enrollment, job searches. You just have to prove "intent" to re-establish domicile. Use any paper trail you have available to you from several fronts, including housing, education, work, banking, etc. Do you still have a US driver license? A bank account? Voter registration? All these things are helpful.

And unless your embassy requires it for some reason, there's no need for the letter from your parents to be notarized. They just need to sign it.

Here's a list of what we included in our "intent to re-establish domicile" packet, with each item corresponding to a list of "steps I have taken to re-establish domicile":

Bank statements showing US address

Florida driver's license showing US address

Proof of enrollment at University for next semester

Account information for storage unit in Texas

Letter requesting support from University

Email requesting employment at University

Email regarding Texas apartment application to be completed with my husband

Letter from Mother stating that we will temporarily reside in her house