URGENT HELP PLEASE?!! US citizen residing in the uk petition for spouse at London office.. any advice regarding I-864?

[dreid71 0]

Hi

I presently reside in the UK with my wife and 2 kids, age 11 my stepson and age 7 my daughter who's a dual citizen UK/US passports. I recently about a couple of days ago submitted the spouse petition I-130 at the London office. my questions are, once the application is approved. option 1, should I submit as a sponsor  I-864 with my P45/P60 as tax returns along with proof showing domicile in US by having a valid NY state drivers license, health insurance benefit card and documents, utility bills in my name at my mom's address we'll be staying until we are achieve employment and lease a place of our own, voter's registration in NY, plus letters from my mother and the property lease holder my brother showing willingness to provide room and board for us? or option 2, file my tax returns in US for the years I've been overseas and use proof to sponsor my wife and my stepson? or option 3, use a joint sponsor (a family member or friend) along with either option 1 or 2? 😀😀

[geowrian 22,337]

There's 2 issues:

1. You must show US domicile for an I-864. Several items you noted help show intent to establish domicile. I'm, not too familiar with how London views domicile, but I'm not particular concerned...it's likely sufficient IMO.
2. A suitable I-864 from the petitioner is required, OR an I-864 from the petitioner + a suitable I-864 from a joint sponsor.
   1. Your income abroad won't qualify unless it will continue from the same source upon return to the US. UK tax returns would do nothing here.
   2. As a USC, you must file US federal tax returns based on worldwide income.
      1. If you earned above the minimum threshold of total income to be required to file (even if the taxable income is $0) - which is the same both in the US or abroad - then you must have filed those returns for at least the past 3 years + provide a copy of at least the most recent year's tax return. If you haven't been filing US taxes and were required to file, then you must resolve that first before you qualify to submit an I-864. As the petitioner, you must submit an I-864 even if your eligible income is insufficient to sponsor somebody.
      2. If you didn't earn enough income to be required to file, then you must provide an explanation (i.e. if one had no income at all, they can just state this on the I-864).
   3. If your eligible income is insufficient to be a sponsor, then you must either use suitable assets or find a joint sponsor, or return to the US beforehand and earn sufficient income to become a sponsor.
   4. Either way, your US taxes must filed if you earned above the bare minimum income level to file. Most to all foreign income can usually be excluded from actual taxation, though.

[dreid71 0]

Great Geowrian! thanks for your help. I will get on that straight away, file my tax returns for the past 3 years. my  annual salary in the UK is $49000 before taxes would that be suffice?

[Boiler 45,519]

14 minutes ago, dreid71 said:

Great Geowrian! thanks for your help. I will get on that straight away, file my tax returns for the past 3 years. my  annual salary in the UK is $49000 before taxes would that be suffice?

Certainly enough, you need to submit evidence it will be continuing once you move.

[dreid71 0]

Hi Boiler, thanks for response.

what evidence I'll need to submit as well for proof of this? that I'm actively seeking a job or job offers? because my present employers I won't be working for them once I move back o the states 

[Boiler 45,519]

The actively seeking work thingy is part of showing US Domicile, nothing to do with the I 864 which is financial.

[dreid71 0]

Sorry for my constant questions I'm new to the whole immigration process lol, will I need a joint sponsor if I can't submit evidence of income continuation once I move?

[Boiler 45,519]

Yes

 

Unless you can show sufficient assets.

[dreid71 0]

ok, thanks a whole lot guys for the help😀 really appreciate it

[Jorge V 195]

18 hours ago, dreid71 said:

Hi Boiler, thanks for response.

what evidence I'll need to submit as well for proof of this? that I'm actively seeking a job or job offers? because my present employers I won't be working for them once I move back o the states 

If you won't be working for your same employers then your income won't be continuing from the same source. Sounds like you'll need a cosponsor.

[millefleur 5,046]

**Moved from Bringing Family Members of US Citizens to America to DCF subform; OP filed DCF in London**

[SalishSea 17,833]

I believe spousal petitions are currently taking about one year.  Also, one way around the co-sponsor issue would be to return to the states ahead of your family and find work.

[millefleur 5,046]

1 hour ago, Jorgedig said:

I believe spousal petitions are currently taking about one year.

It seems the OP filed DCF in London, so the petition will probably go a bit faster than a year. Current official estimate is around 2.4 months.

 

https://egov.uscis.gov/processing-times/international-operations-office

 

But yes, technically moving back and finding a job is an option. So is using a joint sponsor.

 

[dreid71 0]

Hi again all!

I've filed my  past 3 years tax returns to qualify for submitting the I-864 as the petitioner and also I will be using a co-sponsor in the US. my question is, for my co-sponsor is it suffice to submit only their last tax return filed or the past 3 years?

[Just Paul 4,595]

3 hours ago, dreid71 said:

co-sponsor is it suffice to submit only their last tax return filed or the past 3 years?

3 years of tax transcripts is the way to go or last years tax return in 2018 and 2 years of transcripts.