IR1 questions

[roxydye 22]

Hi everyone 

Think I will start with a little background.

Me and my husband meet in 2014 while I was on a visitors visa and in summer of 2015 we got married after I went back couple of times(with the same B2 visa).I overstayed my visa once we got married with the intention of adjusting my status but for a bunch of reasons (mostly financial at that time ) we couldn`t change my status.In 2018 I had to leave usa and go care for my father(romania) and after 6 months of living apart we decided to reside in UK where we are currently living.

Now we want to apply for the IR1  but there are couple of things stopping us .

1.My passport expired and after talking with the consultant it seems like it will take months just to make a appointment(it can only be done online and there`s no day available for 2020) so I need to plan a week in Romania to get it done.

My question about the old passport is : do i need to keep it since that`s where my entrances and visa was or i can just attach a photocopy and the I94?

2.Taxes both me and my husband have been working in the UK yet when he left his last job he never received his P45(tax paper when you leave the company) and we can`t seem to get ahold of it,any thoughts ?

3.We have a friend who will give us free housing and transportation once we go back in the states, do we need a statement from him saying that or just having the address where we intend to live is enough?

4.Does my husband has to go back in the states to start the i130 or we can continue living and working in the UK until my visa will get approved?

5.Me overstaying my visa,how much of a impact will that have on our application?

I`m sure I will get more questions down the line but this is what i have from the top of my head.

Thank you everyone in advance that takes the time to help us out

[Duke & Marie 1,389]

Is your husband a USC or green Card holder?

[roxydye 22]

My husband is a US citizen by birth

[Just Paul 4,595]

7 minutes ago, roxydye said:

4.Does my husband has to go back in the states to start the i130 or we can continue living and working in the UK until my visa will get approved?

He can continue to live in the UK BUT he will need to prove that he will re establish domicile or already has prior to the visa being issued.   As part of the process he will be the primary sponsor for your petition and hopefully have been filing the US tax returns.   Unless the two of you have assets 3x the amount on I-864P you will need a joint sponsor.

 

10 minutes ago, roxydye said:

5.Me overstaying my visa,how much of a impact will that have on our application?

It depends on how long you overstayed.   Less than 180 days is ok.   Otherwise you are looking at needing a waiver(s)

 

12 minutes ago, roxydye said:

1.My passport expired and after talking with the consultant it seems like it will take months just to make a appointment(it can only be done online and there`s no day available for 2020) so I need to plan a week in Romania to get it done.

You need the passport by the time you interview.

 

An important option to consider is filing the I-130 via Direct Consulate Filing in London as long as both of you have legal residency in the UK.

[roxydye 22]

My husband will be able to provide domicile information I assume voters card and us taxes filled is one way

I overstayed my visa more than 1 year ,need to look into waiver 

Both me and my husband are legal residents in UK and are both paying taxes here.

I may be a bit overwhelmed and paranoid by overstaying the visa and I think we may need to hire a immigration lawyer , although I would of wanted us to file it by ourselfs .

[Just Paul 4,595]

4 minutes ago, roxydye said:

My husband will be able to provide domicile information I assume voters card and us taxes filled is one way

I overstayed my visa more than 1 year ,need to look into waiver 

Both me and my husband are legal residents in UK and are both paying taxes here.

I may be a bit overwhelmed and paranoid by overstaying the visa and I think we may need to hire a immigration lawyer , although I would of wanted us to file it by ourselfs .

An overstay of over 1 year is a 10 year ban.   It is possible to do the waivers yourself but it does take some time.  Find an immigration lawyer that can offer advice if you want.

[Ryan H 3,812]

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