Complicated or just overthinking?

[Frostie 2]

My wife (USC) and I (British Citizen) currently live and work in the UK. We have been married and living together for over 3 years here in the UK, but have decided we want to move to the US and have begun looking into the process of applying for and IR-1.

 

We have a couple of points of concern, as it appears a lot of the case studies and material out there focus on either a) the USC is in the US and the beneficiary is overseas or b) both the USC and beneficiary are in the US already. In our case we are both overseas. 

 

Affidavit of Support

My father-in-law will be a joint sponsor, as obviously neither myself or my wife have current employment or income in the US. Am I correct in thinking that the 'joint' sponsor can take on the entirety of the financial requirements in these circumstances? 

We are also planning to live with the in-laws in the short term once we arrive in the US. Will this have any effect on the necessary income requirement? Assuming that he passes all of the financial requirements would this put us at a disadvantage where Public Charge is concerned?

 

Establishing domicile

As we currently don't live nor have any assets in the US,  is there anything else we can do now to help prove that we are 100% planning to move to the US assuming the visa is granted? My wife has already re-opened a bank account there and we have started getting quotes for removals but that's all at this stage.

 

Thanks all

[Lucky2Lucky 2,526]

17 minutes ago, Frostie said:

Establishing domicile

As we currently don't live nor have any assets in the US,  is there anything else we can do now to help prove that we are 100% planning to move to the US assuming the visa is granted? My wife has already re-opened a bank account there and we have started getting quotes for removals but that's all at this stage.

 

Has your wife been filing taxes since she was abroad? Does she have a valid US ID? She can get an ID/drivers license with her parents address on it if that is where you plan on living. You can search the site and see many couples who both live abroad. Another option is she arrives before you to establish domicile. If she is not here before you arrive then she has to arrive with you; you can't enter the country on a IR1 without her here (just a FYI)

 

18 minutes ago, Frostie said:

Affidavit of Support

My father-in-law will be a joint sponsor, as obviously neither myself or my wife have current employment or income in the US. Am I correct in thinking that the 'joint' sponsor can take on the entirety of the financial requirements in these circumstances? 

We are also planning to live with the in-laws in the short term once we arrive in the US. Will this have any effect on the necessary income requirement? Assuming that he passes all of the financial requirements would this put us at a disadvantage where Public Charge is concerned?

 

Yes he an take on the entirety of the financial requirements but 1) your wife will be the primary sponsor and have to complete the form and 2) if you become a public charge your wife is as equally responsible as her father. Living with her parents will not have an affect on the income requirements. If he is over the financial requirements  then you should not have a disadvantage regarding being public charge; however the officers have discretion and look at the totality of circumstances; ex. being $2k over the minimum requirement probably won't cut it. 

[Boiler 45,744]

London has been lenient with evidence to intent to establish domicile, obviously this is a long way in the future and things change. One thing some people do is for the USC to move back first, get a job things started etc Health Insurance obviously a big issue.

[Frostie 2]

 

26 minutes ago, Luckycuds said:

Has your wife been filing taxes since she was abroad? Does she have a valid US ID? She can get an ID/drivers license with her parents address on it if that is where you plan on living. You can search the site and see many couples who both live abroad. Another option is she arrives before you to establish domicile. If she is not here before you arrive then she has to arrive with you; you can't enter the country on a IR1 without her here (just a FYI)

 

I have been the sole earner for the majority of her residency in the UK. It is only within the last 6 months that she has had employment. I would assume this means she won't have had to file taxes, or do you still have to file with zero income?

 

She has a valid US Passport and SSN, though her US drivers license has since expired. Would she be able to renew an ID without being in the country? Having her relocate first would have to be an absolute last resort for us (though I can see why it's an option).

 

Thanks for the help

[Dashinka 24,649]

1 hour ago, Frostie said:

 

I have been the sole earner for the majority of her residency in the UK. It is only within the last 6 months that she has had employment. I would assume this means she won't have had to file taxes, or do you still have to file with zero income?

 

She has a valid US Passport and SSN, though her US drivers license has since expired. Would she be able to renew an ID without being in the country? Having her relocate first would have to be an absolute last resort for us (though I can see why it's an option).

 

Thanks for the help

A USC is still required to file taxes and since she was married to you, I would think that income may also be included, but I am not an international tax accountant, so I would definitely consult with one to make sure that will not be an issue.  As stated, she will have to show evidence of intent to re-establish domicile back in the US, so I would start with setting up a US based bank account, and trying to get her DL updated.

 

Good Luck! 

[Wuozopo 4,293]

3 hours ago, Frostie said:

Affidavit of Support

My father-in-law will be a joint sponsor, as obviously neither myself or my wife have current employment or income in the US. Am I correct in thinking that the 'joint' sponsor can take on the entirety of the financial requirements in these circumstances? 

We are also planning to live with the in-laws in the short term once we arrive in the US. Will this have any effect on the necessary income requirement? Assuming that he passes all of the financial requirements would this put us at a disadvantage where Public Charge is concerned?

Your FIL will  have to earn enough by himself to support his current family in the US plus you the Immigrant. He does not have to include your American wife in his household size for the support threshold.  Your wife as primary sponsor will also have to fill out the I-864 affidavit of support and provide her most recent US tax return even though she won’t qualify on income. Her paperwork is a basic requirement. 

 

3 hours ago, Frostie said:

Establishing domicile

As we currently don't live nor have any assets in the US,  is there anything else we can do now to help prove that we are 100% planning to move to the US assuming the visa is granted? My wife has already re-opened a bank account there and we have started getting quotes for removals but that's all at this stage.

The last two interviews (this month) in London of couples such as yourself confirmed they were not asked anything about domicile.  What you have already done  would be sufficient for London if they did ask. Save the correspondence. It has never been a big deal. 

Edited August 21, 2020 by Wuozopo

[payxibka 10,047]

53 minutes ago, Dashinka said:

A USC is still required to file taxes and since she was married to you, I would think that income may also be included, 

No, as the USC would file married separate as the alien is not a US taxpayer

[pushbrk 12,999]

10 hours ago, payxibka said:

No, as the USC would file married separate as the alien is not a US taxpayer

And with no income, is NOT required to file a tax return.  It's an "income tax".  No income, not tax, so no filing.

[Frostie 2]

Thanks for the insight everyone.

 

We are looking in to it further to be on the safe sid, but it appears that even if we are to file Married, Separate I require an 'ITIN number'? Has anyone had any experience with Form W-7, the turnaround time etc? I'm a bit concerned about having to send my passport off to the IRS right now.

[Wuozopo 4,293]

5 hours ago, Frostie said:

Thanks for the insight everyone.

 

We are looking in to it further to be on the safe sid, but it appears that even if we are to file Married, Separate I require an 'ITIN number'? Has anyone had any experience with Form W-7, the turnaround time etc? I'm a bit concerned about having to send my passport off to the IRS right now.

The American can file Married Filing Separately and the UK citizen does not file and does not need an ITIN. The USCs separate return will ask the spouse’s name and SSN, but IRS instructions say to write NRA in that spot for “Nonresident Alien”. Consumer software like TurboTax can’t handle letters in their numeric only field so efile gets rejected, but you can prepare everything with software, print, write in NRA with a pen, and file by mail. 
 

 

Edited August 24, 2020 by Wuozopo

[neca 166]

Has your wife voted? Evidence of voting in elections can help with domicile. Also, having evidence of being able to work when she gets back, like some employer having a letter of a job waiting for her would be good. As others have said, you might not have to worry about domicile, but it's always better to have and not need vs need and not have imo. Whatever election district she voted for should be able to give her records (assuming she voted since she's been out of the US, or if she votes in November).

 

Good luck!