Shot in the dark...

[LadyUK 0]

If my partner and I were to go ahead and get married here, my mother said that she would be happy to file the forms for him to come to the USA with me - I haven't filed taxes in 8 years and will be starting over when I get there, and I am worried that this would cause problems.

Is that an easy way of doing things?

Can she legally apply for him to come over?

[ladykelia 0]

No, if you want to bring him over on the basis of marriage you will have to fill out the paperwork, as far as I know. (well, she can fill it out, but it has to be your info and you have to sign it). Also if you want to get married *now* then you should be looking at the information for the K-3 visa for married couples. The K-1 is for couples who are engaged to be married, but do not intend to get married until the foriegn person lands in the USA.

Other than that I think you would need to provide us with a little more information before we can help you any more... is there a particular reason you havent filed taxes? and what do you mean by "When I get there"?

[sophyie 0]

If my partner and I were to go ahead and get married here, my mother said that she would be happy to file the forms for him to come to the USA with me - I haven't filed taxes in 8 years and will be starting over when I get there, and I am worried that this would cause problems.

Is that an easy way of doing things?

Can she legally apply for him to come over?

Why don't you file taxes now? At least for 2006?

Your mum can not file for your (future) husband, you can file the I130 for him and have her sponsor him if your funds are not sufficient for sponsoring him.

Btw: you asked this in the K1 forum, which doesn't make a lot of sense since you're talking about getting married in the UK. DCF or CR/IR 1 forum might be a better match.

Things can get confusing in the beginning of the process. The guides might help.

Good luck.

[Mononoke28 135]

US citizens can only petition relatives such as spouse, parents and/or children. Your partner doesn't qualify as any of these for your mom to apply for him.

[doc_cute 0]

If my partner and I were to go ahead and get married here, my mother said that she would be happy to file the forms for him to come to the USA with me - I haven't filed taxes in 8 years and will be starting over when I get there, and I am worried that this would cause problems.

Is that an easy way of doing things?

Can she legally apply for him to come over?

no your mom cant legally apply for your partner

[LadyUK 0]

Thank you, I have asked on the other forums and provided more information.

I have not filed taxes because I have been advised that there has been no need.

I am contacting the embassy tomorrow to try and get them filed.

My fiancee and I want to be in the US by the end of the year, we are excited about starting our new lives together, and are happy to get married here or there, because we intend on having a second ceremony there regardless of when our legal one is. I honestly do not want to cope with another UK winter LOL!

So I have come here to try and establish if it is quicker/less hassle for us to get married now, or wait and get married there.

I was concerned about the financial documentation, but I think my assets and my income should suffice. I can only hope. If not, my mother has agreed to co-sponsor him. My family have spent lots of time with him and adore him (my fiancee). Even my ex-husband enjoys his company when we visit - and I get along very well with his new wife.

So, at this moment, it looks as if it would be quicker/easier to get married now, do the DCF and get the paperwork done.

Many thanks for your help and advice.

[GrenadianCrix 1]

LadyUK,

I am in a similar situation...almost. I am living in my fiance's country and when we were deciding where to get married we chose to get a K-1 for a couple of reasons. I know I will be in Grenada through September so we have less to worry about regarding being apart (there is always a chance things could get drawn out longer). Due to the work I am doing it would be difficult to get married before my assignment is over, so it worked out best to file, wait it out together, and then go up to the states at the same time (if all goes well...keeping my fingers crossed). If we were to get married down here, I would have to return to the states alone (my work permit would expire), file I-130, then wait it out apart. You may not have the same limitations but it might give you more insight to help make your decision.

I am not able to sponsor my fiance either so we have found an additional sponsor for the I-134 (he is also joint-sponsoring the I-864). I am not very familiar with DCF or i-130 so I can't comment on those. Whatever you chose, you will have to be the petitioner on behalf of your benificiary fiance/husband. You can only use other people to help meet financial requirements.

Good Luck with whatever you decide.

Sue

[athena_ny 1]

Thank you, I have asked on the other forums and provided more information.

I have not filed taxes because I have been advised that there has been no need.

I am contacting the embassy tomorrow to try and get them filed.

My fiancee and I want to be in the US by the end of the year, we are excited about starting our new lives together, and are happy to get married here or there, because we intend on having a second ceremony there regardless of when our legal one is. I honestly do not want to cope with another UK winter LOL!

So I have come here to try and establish if it is quicker/less hassle for us to get married now, or wait and get married there.

I was concerned about the financial documentation, but I think my assets and my income should suffice. I can only hope. If not, my mother has agreed to co-sponsor him. My family have spent lots of time with him and adore him (my fiancee). Even my ex-husband enjoys his company when we visit - and I get along very well with his new wife.

So, at this moment, it looks as if it would be quicker/easier to get married now, do the DCF and get the paperwork done.

Many thanks for your help and advice.

From http://www.irs.gov/faqs/faq-kw201.html

United States citizens living abroad are required to file annual U.S. income tax returns and report their worldwide income if they meet the minimum income filing requirements for their filing status and age.

From this, you should have been filing taxes unless you're (as a single person) making less than $8,450, or as a married person, $16,900 (since you mentioned your ex- husband). This is from Publication 54 (http://www.irs.gov/publications/p54/ch01.html#d0e466).

I only bring this up because from the I-864 that comes with doing the permanent residency application (adjustment of status aka AOS): "If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affadavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See 'Filing Requirements' in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

So if your income is below these numbers for whatever status you were in those particular past 8 years, you'll be okay. If not, it will be a problem and you need to get those filed asap, before you can fill out the Affadavit of Support for adjustment of status. I'm not familiar with K3 (and am only familiar with K1 because I've read extensively on it, my husband entered on a tourist visa), but the I-864 may be filed with the K3 visa instead of after - again not sure, but either way, at some point it will be an issue if you're above those minimum filing requirements.