tax returns and expiring passport - 2 questions (IR-1)

[munchmunch 0]

Hello! I'm new to this forum but not new to the visa process itself because 6 years ago I moved to the UK on a fiance visa. I am a USC, my husband is a UKC and we are planning on starting a IR-1 visa in the next few weeks.

I have two questions...

First, I have been living in the UK and only recently realized that I should have been filing taxes so I don't have 3 years of tax returns to add to the visa packet. However, my mother will be sponsering us in the US anyway and providing her tax returns. Does that mean that I don't have to add mine because she is providing hers or do I have to file first and provide mine as well even though I am not the monitary sponser?

Second, I've seen some filing date timelines and it seems like the IR-1 process is taking up to a year in some cases. My husband's passport expires in April of 2017. I'm sure we would be in America before this point but does the US goverment require a certain amount of time left on the passport to enter? I know that a visitor must have 6+ months on a passport to enter but as this is a settlement visa I wasn't sure if the same applied.

Thank you SO much!!!

Edited March 12, 2016 by munchmunch

[Adil & Jeanne 296]

you still have to file your taxes with the US

you will have to provide your last 3 years to USCIS

What about proving your residency here in the US as required?

this will take at least a year and i doubt your husband will be here by April of next year

but if you are one of the lucky ones and go faster, he can apply to renew passport with embassy here

Good luck

also IRS will look at all the years you worked out of the country

[munchmunch 0]

I don't have residency in the USA because I live in the UK. My husband and I live together here and will be moving the the USA together.

[Anh map 2,098]

You are the primary sponsor regardless of income and joint sponsorship. That means that you are required to submit an I-864 and all supporting documentation.

You have to show a US domicile, or intent to establish US domicile.

You must show your last 3 year's tax returns/transcripts. If you earned at least $10K in any of the past 3 years you will need to file and obtain transcripts.

See the links in my signature below for I864 FAQ (domicile info) and IRS filing.

Your spouse will need a passport to do any travelling outside of the US (except Canada and Mexico). Why not plan ahead and have the new one in place?

Edited March 12, 2016 by Anh map

[NikLR 13,231]

~~moved to DCF (the route the OP SHOULD be taking) from IR1/CR1 process and procedures~~

OP unless you want to spend a lot of extra time waiting around, or you need to do the DCF route.

1) you still need to backfile the last 3 years. You are required to do this. You are always the primary sponsor of the beneficiary even if you have a qualifying joint sponsor.

2) File DCF, this takes far less time than regular filing. You would file the petition directly with the US Embassy in London. Think 3-4 months vs 1 year.

3) Renew the darn passport if possible. Since flights home or outside the country would require a passport until US citizenship is obtained, it's best to have one until such a time. It will take at least 3 years to get US citizenship for your spouse so having a passport that lasts at least that long is ideal. It is far more expensive to renew outside one's home country.