DCF available?

[homesick_american 1]

Thank you so very much for your help.

I will also try and file 2004 and 2005 to make things much easier. I will also try and back file for previous years.

Don't try...DO. File for every single year that there is a return missing. Immediately. I cannot stress enough how important this is. Go here to download the forms you will need; this archive goes all the way back to 1990:

http://www.irs.gov/formspubs/article/0,,id=98339,00.html

This is from the IRS website and deals with late filing issues; the heading says "Businesses" but I got to this link via the Individuals section:

http://www.irs.gov/businesses/small/articl...=108327,00.html

We have 2 cars - one can count as an asset, yes?

Not according to what I was told, but don't take my word as gospel. Double-check.

Our plans our, at the moment, are as follows:

1. File Taxes for 2005 and 2004.

File for every year you've missed. Don't guess on the exchange rates either; go to http://www.oanda.com to research exchange rates for previous years.

Search high and low for photos of us together - Rob hates having his picture taken and I am always behind the camera!
Request copy of divorce documents from my first marraige in America (doing that this afternoon).
Will have decree absolute from 2nd marraige within next 3 weeks.

I will have approximatly £7000 Uk in savings, I will leave it there for now, will help with assets.

If it comes down to your app being borderline, yes. In our case we had so much equity in our house that they didn't include my bank account. I put it on there anyway though!

Arrange 3 different evaluations for the house.
Print off last 12 months bank statements - one of our accounts is a joint account.
Get letter written from bank where we hold accounts (Lloyds TSB).
Get letter written from the bank where I hold my savings - and open a US bank account (HSBC).

They're not really interested in letters; they want the hard documents: account statements and mortgage statements. I was told a letter from a bank manager is not a substitute for a mortgage statement. Our bank (NatWest) will issue a duplicate mortgage statement but it takes a few business days. Don't leave this until the last minute; we did and the stress was just not worth it!

Call IRS in 3 weeks to ensure forms have been filed.
Get married as soon as possible - family are very very excited.
File for DCF - this will make working when we get there soo much easier.

Does that sound like a logical plan?

Sounds like you're on the right track, but you can't file the I-130 until you're married. You can prepare it though. You'll need to send off a copy of your marriage certificate with it. I'm not sure if there are any restrictions on filing an I-130 until you've been married X number of months/years; you'll want to check on that.

Here's a good place to start:

http://www.usembassy.org.uk/cons_new/visa/iv/index.html

These are the rules and procedures you need to follow; follow them to the absolute letter. Leave nothing to chance.

Good luck.

[elmcitymaven 9,711]

Don't try...DO. File for every single year that there is a return missing. Immediately. I cannot stress enough how important this is. Go here to download the forms you will need; this archive goes all the way back to 1990:

http://www.irs.gov/formspubs/article/0,,id=98339,00.html

This is from the IRS website and deals with late filing issues; the heading says "Businesses" but I got to this link via the Individuals section:

http://www.irs.gov/businesses/small/articl...=108327,00.html

Interesting that you say to do all the past years. I went to the IRS office at the Embassy in person last month to say essentially "Oops, I forgot to file for the past 11 years that I've lived in the UK", and they told me I only had to complete returns for 2004-2006. I'm off to the Embassy again tomorrow to file these returns in person so I can get my photocopies stamped as proof of filing to use for my I-864 as instructed by IRS London staff. I'll ask if it is strictly necessary to file for the other years, if there is any advantage to doing so and/or any penalty for not filing for those years. Frankly if I don't have to do them, I don't want to, particularly as I don't have any wage slips or P60s for years prior to 2002 and I have no idea what I earned in those years except for "not much".

I'll post tomorrow after my visit to the taxmen!

[homesick_american 1]

Don't try...DO. File for every single year that there is a return missing. Immediately. I cannot stress enough how important this is. Go here to download the forms you will need; this archive goes all the way back to 1990:

http://www.irs.gov/formspubs/article/0,,id=98339,00.html

This is from the IRS website and deals with late filing issues; the heading says "Businesses" but I got to this link via the Individuals section:

http://www.irs.gov/businesses/small/articl...=108327,00.html

Interesting that you say to do all the past years. I went to the IRS office at the Embassy in person last month to say essentially "Oops, I forgot to file for the past 11 years that I've lived in the UK", and they told me I only had to complete returns for 2004-2006. I'm off to the Embassy again tomorrow to file these returns in person so I can get my photocopies stamped as proof of filing to use for my I-864 as instructed by IRS London staff. I'll ask if it is strictly necessary to file for the other years, if there is any advantage to doing so and/or any penalty for not filing for those years. Frankly if I don't have to do them, I don't want to, particularly as I don't have any wage slips or P60s for years prior to 2002 and I have no idea what I earned in those years except for "not much".

I'll post tomorrow after my visit to the taxmen!

I was told by the IRS that you have to file every year; that's all I can tell you. US citizens are legally required to submit a tax return every year no matter where they live.

[LadyUK 0]

Thank you for your responses. According to the IRS website, we MUST file every year, regardless of where we are.

Sooo, the last time I filed was tax year 1999, and I intend on filing from 2000 onward.

I have been told in the past to not worry, as they won't chase you because you probably don't owe any money, but that was from an accountant, not a staff member of the IRS.

Once again, thank you soo much for your help!

[homesick_american 1]

Thank you for your responses. According to the IRS website, we MUST file every year, regardless of where we are.

Sooo, the last time I filed was tax year 1999, and I intend on filing from 2000 onward.

I have been told in the past to not worry, as they won't chase you because you probably don't owe any money, but that was from an accountant, not a staff member of the IRS.

Once again, thank you soo much for your help!

They're unlikely to chase you at the moment since you don't owe them any money, but having missing returns can cause problems for you once you return to the United States. The forms are pretty easy to fill in; they're pretty much the same thing year on year. Just gather up your old paycheck stubs (you don't even have to send those in) for the info, print out all the back tax forms, and just sit down and fill them in one by one. I can pretty much guarantee it won't take more than a couple of hours, and you'll unburden yourself of that particular worry. Filing a 1040 and 2555-EZ together is ridiculously easy. Just do it!

[LadyUK 0]

Thank you everyone for your help and guidance.

I will send my taxes for the past 3 years tomorrow in the post.

It looks like we will be booking Gretna Green around the end of May - I am sooo excited!

[elmcitymaven 9,711]

I popped by the IRS Office at the Embassy this morning to file my tax returns for 2004-2006. The man who helped me asked, "You aren't filing for an immigrant visa for your husband by any chance?" when I said I just found out I was supposed to be filing all along. Seems this is the standard thing for us DCFers who were similarly ignorant!

Anyway, I asked about what I should do for the years 1997-2003.

Him: Did you owe anything?

Me: No, didn't make enough. Do I need to backfile?

Him: No.

Me: Will there be any fines or anything if I don't backfile?

Him: No.

Me: I'm not in trouble with the IRS?

Him: No.

Me: Will it cause any problems when I get back to the States?

Him (with a big smile on his face, almost cracking up): Ma'am what part of "no" are you not understanding?

Me: I guess the part you're saying!!

So the upshot is that he said not to worry about those years at all. It is irrefutable that we must file every year, but if you were genuinely ignorant of the need to do so and you have no tax liability there is no need to file for years preceding the previous three. Or so sayeth Uncle Sam's agent.

[homesick_american 1]

I popped by the IRS Office at the Embassy this morning to file my tax returns for 2004-2006. The man who helped me asked, "You aren't filing for an immigrant visa for your husband by any chance?" when I said I just found out I was supposed to be filing all along. Seems this is the standard thing for us DCFers who were similarly ignorant!

Anyway, I asked about what I should do for the years 1997-2003.

Him: Did you owe anything?

Me: No, didn't make enough. Do I need to backfile?

Him: No.

Me: Will there be any fines or anything if I don't backfile?

Him: No.

Me: I'm not in trouble with the IRS?

Him: No.

Me: Will it cause any problems when I get back to the States?

Him (with a big smile on his face, almost cracking up): Ma'am what part of "no" are you not understanding?

Me: I guess the part you're saying!!

So the upshot is that he said not to worry about those years at all. It is irrefutable that we must file every year, but if you were genuinely ignorant of the need to do so and you have no tax liability there is no need to file for years preceding the previous three. Or so sayeth Uncle Sam's agent.

Bizarre...that is the exact opposite of what I was told. Oh well; all my returns are filed anyway, so nothing to worry about.

[smdexpat 0]

Okay, I will clarify a few things and perhaps make it easier for you to advise me.

My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.

My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

I have lived here since 1997.

I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

Our combined household income is about £42,000 per annum - or about $84,000.00 US.

I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

Would this be adequate for assets?

I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved

Your income is only valid if you will continue to receive the same source of income when you are in the USA. i.e. if you are planning on resigning and trying to find a new job in the USA - your income is not counted.

cheers

[zyggy 9]

It's actually pretty rare that anyone in the UK would owe any US taxes period due to the income exclusion and then from the foreign tax credits that you get because of the US-UK tax treaty... but they want you to file to make sure you're on the up and up...

The whole purpose of the worldwide filing and income is to catch those who have set up their residency in tax havens such as the Grand Caymans and the like in the interest of avoiding US taxation....

and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...

[homesick_american 1]

and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...

Might that not create domicile problems though?

[zyggy 9]

and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...

Might that not create domicile problems though?

Nope... Citizenship has nothing to do with domicile...

[homesick_american 1]

and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...

Might that not create domicile problems though?

Nope... Citizenship has nothing to do with domicile...

Good to know. At this point it's too late for me to apply for UK citizenship anyway; it takes months and we have mere weeks left before we leave.

[zyggy 9]

and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...

Might that not create domicile problems though?

Nope... Citizenship has nothing to do with domicile...

Good to know. At this point it's too late for me to apply for UK citizenship anyway; it takes months and we have mere weeks left before we leave.

Why not apply anyways... it would be a good excuse for you to go back and visit when it's complete... To let UK Citizenship slip through your fingers... it think you would really come to regret that...

[homesick_american 1]

Why not apply anyways... it would be a good excuse for you to go back and visit when it's complete... To let UK Citizenship slip through your fingers... it think you would really come to regret that...

Maybe if I was from a country with a lot of unrest...but I don't feel that not having UK citizenship would in any way hinder me later in life. If we ever wanted to come back here...and right now it's not very likely, I can't wait to get out of this country...I'll just reapply for a resident visa which was ridiculously easy to get the first time.

Plus, I object on principle to pledging an oath of loyalty to a monarch. If the UK didn't have that particular step built into its naturalization process, I might consider it. But as long as I have to pledge allegiance to someone whose only accomplishment was to emerge from the correct birth canal, I refuse on principle.