USC with U.K. spouse wanting to return to US but feeling very lost

[JeanneAdil 6,489]

you still  have to establish that US residency so when u come,  get a DL and /or open bank account 

if u don't work (UK husband supports)  send letter to IRS to show no tax return filed (this will be at the 2nd stage of process -NVC stage) 

u will still do a I 864 and will need to show income of 0

you will need joint sponsor to complete the income requirements and insructions for I 864 tell u how that works

If mom can not qualify,  u will need someone else

 

Do you get a letter from IRS for not filing taxes?

 

An IRS Verification of Nonfiling Letter (VNF) will provide proof from the IRS that there is no record of a filed tax form (1040, 1040A, or 1040EZ) for the year you have requested. A VNF does not provide proof that you were not required to file, only that you did not file.

 

[Meg1603 2]

I'm so sorry to hear about your situation, it sounds really difficult. You've got a lot replies already, but I wanted to comment as we're in a very similar situation. I'm going through the immigration process now so I'm becoming pretty fluent in it all!!!

 

I'm a US citizen with British spouse and 2 children currently in UK. We're going through the green card process in order to move to the US.

 

Re some of your questions:

• Timetable - our Petition (stage 1 of the process) took 1 year to be processed and approved (got approved May 2023). We're now getting to grips with stage 2 (NVC processing, interview at the embassy, etc) but unsure of timings at this point. A big part of the 2nd stage is the Affadavit of support and evidence of finances (showing ability to financially support your household). It is a long process from start to finish unfortunately.
• Who's the sponsor - it's you as you'll be the one filing the petition (I-130 Petition for alien relevative)
• Meeting the minimum income threshold - I work part-time here in UK, but my income isn't enough. So we're looking at either using a joint sponsor or using our assets (value of our house). You mentioned asking your mother but she doesn't meet the income requirement. The guidance says the joint sponsor needs to independently meet the minimum income threshold - you can't cobble together your and her income to meet it. If you use assets or savings, the amount required is also higher (x4 I believe), so it's something to think about.
  • See "Joint sponsor" here https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support
• Re-establishing domicile if you live abroad - I think you'll be in this position as well. Because I live in the UK but am technically the sponsor of my foreign spouse, I have to provide evidence showing I'm intending to reestablish my domicile in the US (this is why people are saying you need to move first to establish residency). However with the children this is obviously complicated as we don't want to be separated so me moving first isn't really feasible!
  • I'm currently working on the following to show I intend to move: renewing US driving license, setting up US bank account, getting US mobile phone, compiling my US voting records, booking one-way flights, evidencing job hunting/applying for jobs
  • We're also getting my children's US passports done as we haven't done that.
  • Other ways to evidence this are: arranging housing, registering children in local schools etc.
  • See here "How can a financial petitioner establish domicile?" : https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos23
• Household size - this is you, your spouse plus dependents living with you. So for our family of four the minimum income requirement to prove is $37,500.
  • See "How do I calculate my household size?": https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos6
  • For minimum income calculator - see here: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/affidavit-of-support.html
•  

Sorry for the long post, but I hope that's helpful. It is very time consuming, expensive process (same with UK immigration) but I can't wait to move back. Good luck!

Edited June 17, 2023 by Meg1603
clarity

[PBoland 7]

My UK wife got her green card in about 10.5 months; this was about a year ago.  FWIW after the application and initial notice of its receipt, we heard NOTHING for 10 months and it was exasperating but out of nowhere she got a letter saying it was approved and should receive it in the mail in a couple weeks, which is exactly what happened.

[Just Paul 4,595]

11 hours ago, PBoland said:

My UK wife got her green card in about 10.5 months; this was about a year ago.  FWIW after the application and initial notice of its receipt, we heard NOTHING for 10 months and it was exasperating but out of nowhere she got a letter saying it was approved and should receive it in the mail in a couple weeks, which is exactly what happened.

Fortunately none of this applies to the OP as they are already married

[PBoland 7]

On 6/20/2023 at 5:13 PM, Paul & Mary said:

Fortunately none of this applies to the OP as they are already married

Umm actually it’s exactly the situation.  She asked about her UK husband getting a Green Card once he arrives.  And I told her about my UK wife’s experience getting hers.

[Redro 4,611]

15 minutes ago, PBoland said:

Umm actually it’s exactly the situation.  She asked about her UK husband getting a Green Card once he arrives.  And I told her about my UK wife’s experience getting hers.

Your partner arrived in the USA on a K1 visa and you married there… she then applied for a GC. OP is already married and her husband will obtain a different visa which upon entry to the US will be endorsed and serve as a temporary green card for 1 year. 

Edited June 22, 2023 by Redro

[JRoo 3]

Hi there, 

 

I came across your post - really sorry to hear about all of the stress you are experiencing. 

 

In order to apply for DCF with exceptional circumstances (which would speed up the process) - you would need to meet one of the criteria below. Do you know anyone in the US who could help to offer you a job? Or is there a medical emergency you could argue? 

 

If your mom is just below the income requirement, it would probably best to get a second financial sponsor if you can.

 

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

 

 

Edit:

I also saw this note on the embassy website: 

DOS may exercise its discretion to accept local Form I-130 filings for other emergency or exceptional circumstances of a non-routine nature, unless specifically noted below. However, such filings must be truly urgent and otherwise limited to situations when filing with USCIS online or domestically with an expedite request would likely not be sufficient to address the time-sensitive and exigent nature of the situation.

I think it's very unlikely USCIS would accept the DCF request in another situation outside the above list. BUT if you absolutely can't wait for the longer processing time, maybe you could include background that you are experiencing domestic abuse in your home in the UK and are concerned about your children. And you have a home/family/support network in the US. It's just an idea, but again I think it should be a very last option to consider.

 

Edited June 22, 2023 by JRoo

[MaegZ0322 18]

Hello to all of you who replied to my post.  I don't know what happened but no matter what I did, I couldn't reply.  I could see your replies but as soon as I logged in, it would block the topic.  It seems to be working now so I wanted to say thank you all so much for your support and responses.  They were all very helpful.

UPDATE:  I ended up moving back to the states about a month ago.  I applied for the i130 on the 18 March 2024.  I came over with my 2 children and we are living wtih my mom.  It's been such a relaxed time being with her.  I have got my driving lic updated, a new bank account, and my children are registered to start school in the fall.  All taxes are currently being filed along with the FBAR's.  They have been signed off by the agency so will head off this coming week but had an amendment to make.  Because my husband had a green card, he was required to file his taxes as well.  So we will be all up to date on both sides.  

 

Now that we are all set up here and sorted, I will start my job search this week.  The market here is excellent so should be fairly easy.  Looking at the affidavit of support, once I'm here for at least 6 months, I can combine my income with my mums and with both our incomes, we will meet the financial requirements.  If we can't combine, she will be able to meet the income requirements between her income and savings. 

 

Feeling great about our process but not so great about being apart from my husband and our children being away from their daddy.  We are just counting down the days and even though we are still at the beginning, we are closer than we were back on the 18 March!

 

Thanks again so much for all the help. 

[Ontarkie 14,214]

20 hours ago, MaegZ0322 said:

Hello to all of you who replied to my post.  I don't know what happened but no matter what I did, I couldn't reply.  I could see your replies but as soon as I logged in, it would block the topic.  It seems to be working now so I wanted to say thank you all so much for your support and responses.  They were all very helpful.

UPDATE:  I ended up moving back to the states about a month ago.  I applied for the i130 on the 18 March 2024.  I came over with my 2 children and we are living wtih my mom.  It's been such a relaxed time being with her.  I have got my driving lic updated, a new bank account, and my children are registered to start school in the fall.  All taxes are currently being filed along with the FBAR's.  They have been signed off by the agency so will head off this coming week but had an amendment to make.  Because my husband had a green card, he was required to file his taxes as well.  So we will be all up to date on both sides.  

 

Now that we are all set up here and sorted, I will start my job search this week.  The market here is excellent so should be fairly easy.  Looking at the affidavit of support, once I'm here for at least 6 months, I can combine my income with my mums and with both our incomes, we will meet the financial requirements.  If we can't combine, she will be able to meet the income requirements between her income and savings. 

 

Feeling great about our process but not so great about being apart from my husband and our children being away from their daddy.  We are just counting down the days and even though we are still at the beginning, we are closer than we were back on the 18 March!

 

Thanks again so much for all the help. 

I'm glad you and the kids are safe. When you first posted you ran into the post restrictions for new members. At least that is what I think happened. Thankfully you can now post. 

 

Since you are not going down the DFC route as you're in the US. I'm going to move your thread to the IR1/CR P&P forum. 

[pushbrk 12,868]

21 hours ago, MaegZ0322 said:

Hello to all of you who replied to my post.  I don't know what happened but no matter what I did, I couldn't reply.  I could see your replies but as soon as I logged in, it would block the topic.  It seems to be working now so I wanted to say thank you all so much for your support and responses.  They were all very helpful.

UPDATE:  I ended up moving back to the states about a month ago.  I applied for the i130 on the 18 March 2024.  I came over with my 2 children and we are living wtih my mom.  It's been such a relaxed time being with her.  I have got my driving lic updated, a new bank account, and my children are registered to start school in the fall.  All taxes are currently being filed along with the FBAR's.  They have been signed off by the agency so will head off this coming week but had an amendment to make.  Because my husband had a green card, he was required to file his taxes as well.  So we will be all up to date on both sides.  

 

Now that we are all set up here and sorted, I will start my job search this week.  The market here is excellent so should be fairly easy.  Looking at the affidavit of support, once I'm here for at least 6 months, I can combine my income with my mums and with both our incomes, we will meet the financial requirements.  If we can't combine, she will be able to meet the income requirements between her income and savings. 

 

Feeling great about our process but not so great about being apart from my husband and our children being away from their daddy.  We are just counting down the days and even though we are still at the beginning, we are closer than we were back on the 18 March!

 

Thanks again so much for all the help. 

If you start your job now and are just now filing the I-130, then by the time the affidavit of support is needed, you should qualify based on your own income. If  you do, not need to involve Mom.

[MaegZ0322 18]

11 hours ago, Ontarkie said:

I'm glad you and the kids are safe. When you first posted you ran into the post restrictions for new members. At least that is what I think happened. Thankfully you can now post. 

 

Since you are not going down the DFC route as you're in the US. I'm going to move your thread to the IR1/CR P&P forum. 

 

Thank you.  That must have been the reason but I felt bad that members had been giving me advice and I couldn't reply to them.    It would have been great to go down the DFC route, our situation was so bad but thankfully he was removed from the house by social services and the police.  I really feel he was a psychopath and I don't use that term loosely but nor am I a professional.  We were just left in a stituation where we were asking for help and they just protected him.  By the time his case was sent to CPS, he was in a care home and manipulating staff to hand feed him and change/clean him.  We knew from the beginning that he wouldn't pay for his crimes due to his age and mental health but he knew what he was doing.   He took his manipulative ways too far in the care home and he never recovered, he died Christmas morning. 

 

Now, we just count down the days as we wait for our I130 to be processed.  Exciting times ahead!

[MaegZ0322 18]

12 hours ago, pushbrk said:

If you start your job now and are just now filing the I-130, then by the time the affidavit of support is needed, you should qualify based on your own income. If  you do, not need to involve Mom.

 

My household is 5, possibly 6.  My 19 year old son has moved over with us but was considered an adult of legal age when we left the UK.  So I don't know if his legal adult status will be from the UK or from here.   I take it if he is living and established here at the time of the affidavit of support that we will have to include him in on my household number.   However, my financial requirement is going to be high for even 5 so will need to combine my income with my mum.   Thankfully, she is happy to do that.  

[Boiler 45,442]

All I can suggest is read and re read the I 864.

[MaegZ0322 18]

2 hours ago, Boiler said:

All I can suggest is read and re read the I 864.

 

Boiler, you are highly respected here.  Is my plan going on the wrong path or do you think I have misunderstood something?  I know 100% I won't make the financial requirement on my own.  But I can if my mum co-sponsors, be it a household of 5 or 6.    I will go back and re-read it all.  I def. don't want to mess this up.   Thank you for taking the time to reply.

[pushbrk 12,868]

Those I-864 instructions are critical.  Your household will include all unmarried children under 21 no matter where they live.  Combining income with your mother will add one person (your mother) to the total household, but using her as a household member and combining income will most likely be better, in this case than having her be a joint sponsor.  As a joint sponsor, she would need to qualify for a household including all immigrants, plus herself, but not you.