I-130 mailed March 2017 London

[MrsArnts 0]

Hey all, new to this whole process and hoping I could get any kind of advise.

So our story....

I have dual citizenship UK/US. We moved to the UK when I was 9 so I have never worked in the states. I'm now 28 and wanting to move back with my husband, who is Dutch. We've sent the I-130 to London, received NOA1 on April 5th. So now it's the waiting game...

I'm starting to look into all the relevant documentation that will be needed once the NOA2 has been received. My confusion is when it comes to the affidavit of support, I have never worked in the states so don't have tax returns. I can't open a bank account over there because every bank I have tried has said I need to do it in person as I don't have an American drivers license or ID card. So all I have is my savings in my UK saving account. It's more than 125% of the poverty guidelines so there's no issue with meeting that. But I'm worried that it won't be enough without any assets or financial savings in America. Has anyone else managed to get through the visa process with only a foreign savings account? Any advise would be greatly appreciated! TIA 

[MrsArnts 0]

Thanks for replying. As far as I was aware I didn't have to file any tax returns. My bank here in the UK set up something up with my SNN and other information to see if I had to file anything but I never had to, and they would have my financial information to keep a check on if and when I would have to start filing. So I have never filed. If that is the case though is it too late to file anything? 

 

Im setting up domicile in the us. The information I've read on the embassy and uscis pages says I just need to provide evidence of establishing domicile and proof that I will be returning, such as somewhere to live (which I've got ready) job searches or future interviews set up or bank accounts being set up. And proof that we are getting rid of residence over here. 

 

I have 3x 125% so that's no problem but the fact that there's no tax returns would that now cause an issue do you think? My sister is currently looking into trying to get a joint account set up with her so there's something with my name on it to use for now but not sure if that would work either?

 

There's so many different things everywhere online it gets so confusing 

[Wuozopo 4,293]

You are correct that showing "intent to domicile" is acceptable for London. You don't have to move early and set up things. Just show you are working on it. 

 

Tax returns are part of the I-864 requirements even if you had a joint sponsor.  Or you can submit a statement saying why you were not required to file. Acceptable reasons are unemployed so no income, earning below the level required to file. But if you had a job in the UK, you don't have a valid reason where a statement  would take the place of filing a return.  Never working in the US won't fly as a reason.

 

Do 2014, 2015, 2016. You will need to know what you earned in  the calendar year (Jan-Dec) and convert  that to dollars to report on form 1040, Line 7. You do not need to supply proof on paper of what you earned so come up with your best guess and it will be fine. Then you will do form 2555EZ which excludes your Foreigned Earned Income. It will be subtracted off on Form 1040, Line 21. You will end up with no taxable income so no taxes to pay. However if you had income from your investments like interest and dividends, those are also reported on other forms and can not be excluded like your salary. But if they are below the basic threshold before money becomes taxable, then you shouldn't owe anything to the IRS. You can probably do this yourself with a little help. Start by gather your figures for each of the years...salary, interest, dividends...just ask your bank to tell you what kind of money your account(s) may have earned. You do not have to include any salary or investment money that was your husband's. Once you get your earnings data organized, you can message me for more specific  help if you need it. 

 

There  are blank forms on the IRS website. Each year will have it's own specific version of the forms and instructions. They have previous year forms available.

[MrsArnts 0]

Thank you for your help. A little update. 

 

I've sent off my tax returns and my brother is going to co sponsor with me, even though I think I have enough to cover 5x the amount, but better to have back up just in case.

 

In regards to domicile, I'm going to America for a week to set some stuff up. Also an excuse for a holiday away and get to see my brother and sister who I haven't seen in ages. I'll set up bank accounts and going for my written driving test to get my permit. I'll also be going to real estate people to start looking for rentals, even though we will be living with my brother first thing but we don't want to be staying there long. And looking at what jobs are in the area. And I am registered to vote in my state. My current employer (who have been amazing towards everything that's happening) have said they can write a letter for us to take to the interview stating that they are aware that we both (we work at the same job) will be leaving the company to move abroad as soon as a visa is available. And steps are being made to find replacements for our jobs. 

 

I'm hoping this will be enough, but if any of you have any more advice or tips it would be greatly appreciated.

 

Thanks again

 

[Wuozopo 4,293]

London has typically not been very concerned about the domicile thing. You seem to have way more than you will likely need.

[MrsArnts 0]

Better to have more than what's needed rather than not enough. I've read some posts of people who have gone to London for their interview with a lot of the stuff I'm doing and it still not being enough. So I'd rather have plenty of evidence ready just in case.