K-3 Vs IR1/CR1 Sponsership Issue

[Logres 0]

As I'm going through an immigration process with the USCIS, anyone I know who is even considering immigrating to the US is asking me for advise.....

A UK citizen that I know is married to a USC, they both live in the UK. They want to move to the US with their newly born son, the UK citizen would like to obtain a green card. In fact the UK citizen had a green card from years back when they were a child and their father was working in the US, although as it has lapsed I think that this has no bearing on any future immigration application.

Aside from the general K-3 Vs IR1/CR1 debate, they have the problem that the USC has not filed tax returns in the US for some years. I don't know why. Does either process have any impact on how the support sponsership is measured? The UK citizen has reasonable fiscal assets while the USC does not have any immediate relatives in the US. If the USC does not have US tax returns, I take it that they can not be used as a sponsor in either visa route.

Can anyone with some knowledge in this srea cast their eye over it and pass on any initial thoughts.

Thanks for your time.

[trailmix 77]

As I'm going through an immigration process with the USCIS, anyone I know who is even considering immigrating to the US is asking me for advise.....

A UK citizen that I know is married to a USC, they both live in the UK. They want to move to the US with their newly born son, the UK citizen would like to obtain a green card. In fact the UK citizen had a green card from years back when they were a child and their father was working in the US, although as it has lapsed I think that this has no bearing on any future immigration application.

Aside from the general K-3 Vs IR1/CR1 debate, they have the problem that the USC has not filed tax returns in the US for some years. I don't know why. Does either process have any impact on how the support sponsership is measured? The UK citizen has reasonable fiscal assets while the USC does not have any immediate relatives in the US. If the USC does not have US tax returns, I take it that they can not be used as a sponsor in either visa route.

Can anyone with some knowledge in this srea cast their eye over it and pass on any initial thoughts.

Thanks for your time.

Hi Logres,

From my experience, in order for them to obtain either of these visas they will need to file these tax returns. Even though they may be using only assets, they are still required to complete the amounts related to their last 3 years of U.S. tax returns (on the affidavit of support) and produce the last year whether by IRS transcript or by presenting the completed return and slips if applicable.

I too had not filed taxes in the U.S., however when I realized I would need them for this process I filed 3 years worth and got the transcripts.

Hope this helps!

[elmcitymaven 9,712]

Looks like these two are eligible for DCF, which can greatly reduce the amount of time waiting for the green card. It also results directly in a green card -- much better and cheaper than a K3. However, the USC absolutely MUST backfile taxes for at least the last three years -- there is no way of getting around this, as it is a requirement for the I-864. Backfiling is no biggie -- a lot of USC's abroad don't realise they're supposed to be filing even though they don't live in the US anymore. (Case in point: me! I hadn't filed in 11 years.) The IRS has a branch in the Embassy, and the guys there are really friendly and genuinely helpful -- I get the impression that they've seen it all. Anyway, the USC can call their office Mon-Fri between 9-12 on this number: 020 7894 0477, and request forms and instructions for 2004-06. They'll need to complete a 1040 and a 2555-EZ (exclusion of foreign income). Very boring and tedious, but not hard and ultimately worth it! It's also possible to visit the office -- no appointment needed.

The second issue on sponsors -- the USC must act as the main (or first sponsor) even if they have no assets or US-derived income. DCF folks are often in this situation, and need a joint sponsor. The joint sponsor need not be close family, or even family at all, just someone who is capable and happy to take on the responsibility. It may be possible to take into account the UKC's assets if they can be made liquid within 12 months, and are equal to 3 times 125% of the poverty line for the size of the household (looks like 3 people here, so that would be 3x$20,750 = $62,550). If the UKC beneficiary's assets exceed that amount, there may be no need for a joint sponsor.

[Dakine 26]

My USC buddies wife in the Philippines was just approved last week using a DCF.

5 months and 3 days from applying.

He lived there for 12 years. Retired military. Didn't file back taxes. Just attached letter saying he wasn't required to do so.

Main thing is he had to show domicle and financial support.

Edited September 9, 2007 by beckypua

[trailmix 77]

Hi Becky,

In general what you are saying is absolutely true.

The guidelines say:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Perhaps the person you mentioned fell under this category and his letter/reason was valid and they accepted it.

What I have seen on this forum and from personal experience is that they may ask you for things that are deemed to be 'not required'.

The thing is, I think it is easier to file the 3 years of tax returns than it is to scramble to get them if they happen to ask for them. The I-864 also says:

Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government.

I have filed the U.S. returns and never claimed that I wasn't required to and I submitted a transcript from the IRS for 2006 - however - they sent me a checklist for my 2006 Canadian tax return, which I have sent to them, with slips.

While I don't think it's plausible to collect all pieces of information that they don't ask for, the tax return is a fairly simple one to get ahead of time.

[elmcitymaven 9,712]

If you earned money anywhere in the world, you need to file a tax return unless, as trailmix says, it is below a certain (very low) threshhold. I know from experience that London wants these and in fact their insistance on them has caused delays for some UK filers who thought that they were exempt and hadn't proved this sufficiently. When in doubt, file. For those of us abroad it is not that hard, and better safe than sorry.

[Dakine 26]

Hi Becky,

In general what you are saying is absolutely true.

The guidelines say:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Perhaps the person you mentioned fell under this category and his letter/reason was valid and they accepted it.

What I have seen on this forum and from personal experience is that they may ask you for things that are deemed to be 'not required'.

The thing is, I think it is easier to file the 3 years of tax returns than it is to scramble to get them if they happen to ask for them. The I-864 also says:

Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government.

I have filed the U.S. returns and never claimed that I wasn't required to and I submitted a transcript from the IRS for 2006 - however - they sent me a checklist for my 2006 Canadian tax return, which I have sent to them, with slips.

While I don't think it's plausible to collect all pieces of information that they don't ask for, the tax return is a fairly simple one to get ahead of time.

I agree with you totally.

May as well get rid of something that "may" be an issue. Less ####### you have to worry about the better plus MORE AMMO THE BETTER.