Looking for advice/plan

[gifae33 0]

I probably thought that this would be easier than it is, it turns out it's not so I'm looking for advice!

 

• Me and partner have been together for 6 years, living and working in the UK.
• She is a French citizen. I am a US citizen.
• I haven't worked in the US for about 6, 7 years.
• Our plan is to move to US.
• Married before entry or after, it's not important which one. - We just want to minimize the time apart. If one way is faster, great.

 

First I need to find a job in the US and quit my current job here, because until I am living and working in the US there is nothing we can do?

I read I need to be making a certain amount of $ a year(?), does it matter how long I have been making that? Can I start the immigration process as soon as I get hired?

 

Does her being French and not living in France complicate things?

What's the average, minimum, maximum time span we would be apart?

We are together most of the time so naturally it won't be nice to be apart for 4, 6, 12, 18 months.

 

We really want to take the next step but because of the fact I'm not living in the US, and that we don't want to be apart, we have been putting it off.

Once I have a good plan(s) of what steps to take, I'll feel better.

 

Thank you for your patience and advice. I appreciate it. 😀

 

[Russ&Caro 1,549]

Look into Direct Consular Processing. This is the option for staying together through most of the process.There's a guide here:

http://www.visajourney.com/content/dcf

 

Two key things you need to tackle going forward:

1. Establish domicile in the USA

2. If you haven't already done so, file back taxes in the USA for the last 3 years.

[Roel 7,193]

DCF from UK if your spouse is legal resident of UK. 

 

Assume you filed US taxes since you're required to so that no matter where you live. You need US domicle. You need to make 125% poverty line to sponsor your spouse. 

 

Marry in the UK so you can do DCF. It's the fastest way. 

 

There is also k1 and cr1 visas but we have guide section on forums here for a reason. 

[Jeanne Adil 1,651]

1. file last 6 years of taxes / u r exempt for just over $100,00
2. u need last 3 for immigration / u need all 6 to prevent an audit

[JFH 12,191]

The most logical option is to marry and file a CR-1 through the London embassy (search for DCF on this forum to find all the info you need). 

 

I assume you have filed federal tax returns each year? Even if you didn't earn enough to pay anything you are still required to file unless you made less than $4050 a year. 

 

The benefit of marrying before you move is that your spouse will be a permanent resident upon arrival and can work immediately. It's also a cheaper visa path. The K-1 has absolutely no advantage for your situation. DCF is much faster than the standard process and I would encourage anyone who qualifies for this process to make use of it.

 

You do not need to move back here before your spouse but you must show concrete evidence that you will be returning for good - a job offer, a lease on an apartment, a bank account, etc. 

Edited August 2, 2018 by JFH

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa process and procedures" to "DCF" as this is the most logical route for the OP*~*~*

[gifae33 0]

Thank you very much for the information everyone. That's so fast.

DCF sounds like a good way!

 

Intent to move back may be enough, even if I'm not living in the US? That's amazing.

I assume the London DCF place will tell me exactly what is and what is not good enough to prove I have intention to stay in the US?

If it's a job offer they want to see, I doubt that job offer would be happy to wait how ever long the process takes to get completed.

If it's an apartment I'm renting, I don't want to be losing out on the money each month if I'm not there.

Of course, I'll do whatever it takes

We can be separated if necessary, I just want to minimize it.

 

Most of you mentioned tax, I'm embarrassed to say I haven't done anything with regards to filling taxes...

I make/made less than $100,000, so I won't need to pay anything. I understand that much I think.

How big a problem is this? I understand it probably needs to be sorted out. What does it entail?

I hope that hasn't jeopardized anything.

 

My UK income is completely irrelevant? But once I put some money in my US bank account, it's taken into consideration.

I could get a parent in US to joint sponsor if that would help anything.

 

Again, thank you all.

[JFH 12,191]

Unless your income will continue from the same source after you move home it does not count at all. They don't care how much you earn here - it's about being able to support your spouse when you arrive. That's why I would recommend opening a bank account or a savings account here and start building a reserve of money. Not only does an account help with convincing that you intend to re-establish domicile but the money can also be counted as assets. 

 

You can use a joint sponsor, not a problem at all.

 

Where will you be living when you arrive? Either you will need to lease an apartment in advance or you will be staying with family/friends or in a hotel. If staying with family, have the homeowner draw up a lease or provide a notarized letter that you can live with them for as long as you need. 

 

The DCF process is very fast by comparison and you don't need to show the intent to re-establish domicile until your spouse has their interview. This is the final stage of the process. I had my interview December 6, 2016 and moved here December 19, 2016 - 13 days later. That gives you an idea of how soon after the interview you could be moving. So that's not long for an employer to wait for the right candidate. I had a job ready and waiting for me when I got here and they'd been waiting since February 2016 for me to come over. The right candidate is worth waiting for. 

 

Edited August 2, 2018 by JFH

[gifae33 0]

Thanks @JFH

I will be taking my savings with me to the US, I will look for cheap ways of transferring it!

I have bank accounts already set up in the US, so that's good to hear it will help once it's transferred.

 

Ok, I'm happy to get an apartment lease a month before the interview.

You're right, it doesn't seem crazy to have a job who will wait a few months.

 

That's incredible, 13 days later!

How long (on average) does it take from start step 1, to the interview?

 

I need to read about taxes.

[Paulonto 29]

Hi!

I can tell you that her being French is no problem at all. I am the French beneficiary and my wife is a USC, and there was no issue whatsoever since I am here in the UK a permanent resident, which is what counts.

 

Like you, my wife and I do nothing unless we do it together, and so for the last 10 years. It was hard to be apart but so worth it!!!! We have been apart for 5 months now and Im finally going in 12 days 😁/. The DCF is definitely the fastest route. How long you'll be apart entirely depends on how you proceed. In our case, my USC wife cannot work, so co-sponsoring and intent to domicile was our challenge. She had nothing. I had nothing. No bank, no money, no home, no nothing.

If you can prove where you will live and have a co-sponsor, there's no reason you should ever be apart ever but by your mutual agreement. The only thing I see that would separate you is if you go ahead of her for work. Me, being the immigrant earning the money, I have to wait until i get there to find employment, but you is different.

[Jorge V 195]

1 hour ago, gifae33 said:

How long (on average) does it take from start step 1, to the interview?

 

DCF timelines vary by country, but it's usually 3-5 months. Recent UK DCFers have reported around 3-4 months.

 

As far as taxes, yes, you'll need to file back taxes if you made more than the minimum filing amount (around $10,000 per year). As a US citizen, you are required to file taxes each year regardless of where that money was earned or where you live. The foreign earned income exclusion (FEIE) allows you to exclude the first $100k or so per year, so yes, you likely wont pay anything if you earned under this amount. As far as filing back taxes, you may want to hire a CPA who specialize in expat taxes. There are many online but they usually charge around $100-$200 per year. If you're missing 6 years of back taxes that could amount to $1200.

 

Establishing domicile is simpler than it sounds, the official I-864 instructions (the sponsorship form) say this:

Quote

2. You are living abroad temporarily.

If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that you have maintained your domicile in the United States. Examples of proof include: 

 A. Your voting record in the United States;

 B. Records of paying U.S. state or local taxes; Form I-864 Instructions 03/06/18 Page 6 of 17

 C. Having property in the United States;

 D. Maintaining bank or investment accounts in the United States;

 E. Having a permanent mailing address in the United States; or

 F. Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

 

3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.

Official US documents and financial ties help, so driver's license, bank/credit accounts, mailing address, etc. You can use softer evidence such as job offers, moving quotes, apartment leases, or even apartment quotes.

 

If you want to use assets on the I864 you'll need 3x of 125% of the poverty line for your household size. You can find the guidelines here. If it's just you and your spouse then you'll need $20,575 * 3, or $61,725 in assets. If you don't have this then you can use a cosponsor.

 

Finally, the London USCIS office has a dedicated DCF website with checklists! You can find those here. This checklist is particularly helpful.

Edited August 2, 2018 by Jorge V