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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

LadyUK

My fiancee and I were looking at filing a K1 until someone so nicely pointed out that the DCF is much quicker.

So, we live in the UK, and wanted to know if they still do the DCF, as I have seen conflicting information on websites?

How long does the average DCF take in the UK?

I will not be working when we first arrive to the USA, we intend on living with my mom until we get situated - does this mean we cannot file the DCF?

Any help and suggestions would be greatly appreciated.


sophyie
Here's what I found on filing the I130 in London:

Immediate Relative Category

Who is eligible?
Spouse of a U.S. citizen; parent or step-parent of a U.S citizen; child or stepchild under the age of 21 of a U.S. citizen and spouse of a deceased U.S. citizen. Note: A step-parent or child will qualify for immigration only if the marriage creating the step parent/child relationship occurs before the child's eighteenth birthday.



How do I apply?
The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS). A separate petition must be filed for each person immigrating. U.S. citizens resident in the United Kingdom may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; U.S. citizens residents in the United States should contact their their local USCIS office for further information. Note: A petition cannot be filed for a spouse until the marriage ceremony has taken place. The natural child of a U.S. citizen may have claim to U.S. citizenship. A petition cannot be filed until it has been established that the child is not a U.S. citizen.


http://www.usembassy.org.uk/cons_new/visa/iv/immrel.html

I'd suggest writing an email or calling the embassy about your option of filing the I130 in London directly.

I think either way (K1 or DCF) you should start now with filing your taxes with the US and re-establishing domicile in the US- both you will need for both visa types.

With both visa types it's possible to get a co- sponsor for your fiance.

Good luck!


QUOTE(LadyUK @ Apr 8 2007, 11:39 AM) *
My fiancee and I were looking at filing a K1 until someone so nicely pointed out that the DCF is much quicker.

So, we live in the UK, and wanted to know if they still do the DCF, as I have seen conflicting information on websites?

How long does the average DCF take in the UK?

I will not be working when we first arrive to the USA, we intend on living with my mom until we get situated - does this mean we cannot file the DCF?

Any help and suggestions would be greatly appreciated.


meauxna
QUOTE(LadyUK @ Apr 8 2007, 02:39 AM) *
My fiancee and I were looking at filing a K1 until someone so nicely pointed out that the DCF is much quicker.

So, we live in the UK, and wanted to know if they still do the DCF, as I have seen conflicting information on websites?

How long does the average DCF take in the UK?

I will not be working when we first arrive to the USA, we intend on living with my mom until we get situated - does this mean we cannot file the DCF?

Any help and suggestions would be greatly appreciated.

How long has the USC lived in the UK?

If less than one year, forget it.
If a year or more, there MAY be an opportunity.

If you are the USC and you do not have a job in the US, other income, or assets to satisfy the I-864, you may use a Joint Sponsor. You are not prohibited from filing locally because you will live with your mother (a very popular option--not YOUR mom. Each to their own mom. smile.gif )

DCF in the UK generally takes 4-6 months I-130-->IV in hand. Timelines have been a little upset by recent events, so expect longer timelines.

Remember that you MUST be married to do this, and there may be restrictions on foreigners getting married in the UK without prior admission permission.
LadyUK
Okay, I will clarify a few things and perhaps make it easier for you to advise me.

My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.

My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

I have lived here since 1997.

I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

Our combined household income is about £42,000 per annum - or about $84,000.00 US.

I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

Would this be adequate for assets?

I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved tongue.gif
sophyie
QUOTE(LadyUK @ Apr 8 2007, 10:28 PM) *
Okay, I will clarify a few things and perhaps make it easier for you to advise me.

My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.
My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

I have lived here since 1997.

I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

Our combined household income is about £42,000 per annum - or about $84,000.00 US.

I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

Would this be adequate for assets?

I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved tongue.gif



Download a copy of the I-864 (the affidavid of support) and read it, that should answer (most) of your questions regarding sponsoring.

I think you can find the I-864 on this site or on the USCIS website.
meauxna
QUOTE(LadyUK @ Apr 8 2007, 01:28 PM) *
Okay, I will clarify a few things and perhaps make it easier for you to advise me.

My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.

My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

I have lived here since 1997.

I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

Our combined household income is about £42,000 per annum - or about $84,000.00 US.

I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

Would this be adequate for assets?

I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved tongue.gif


Volumes have been written on the Joint Sponsorship topic; I'll ask you to read the Guide first (http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf) and the I-864 form and FAQ pages (links in Guide). I think you will see pretty clearly what's what---mom is signing on to be a back up in case Rob goes on Welfare and doesn't pay it back. Come back with your specific Qs, and the 'search this forum' option will make it easier for you to find answers.

don't be too sure about keeping your ILR status---any chance you'd up for UK citizenship? Most people in your approximate shoes find it's easier to be a dualie than trying to fake permanent resident status elsewhere. There is a Dual Citz FAQ linked in my siggy--very useful.

Your home equity in the UK may be used, and don't know the fate of the car, but yeah, I'd include it. Be honest. smile.gif If it's just the two of you, I think that is sufficient assets anyway... oops, looks like you're looking for +$51K (3X poverty guideline) so be honest about the vehicle and don't forget any pensions or investments.

I'm sure you're legal to marry there too, with the ILR. Looks like that covers it--unless you're burning to marry in the US, or are only fixed to the dates you mentioned, yoiu'd like the result from DCF much much more than K-1.

LadyUK

Thank you sooo much.


We are crazy about each other, and very keen on starting our new life together in the USA.

I do have a question - why did you say that I am looking for (3X poverty guideline) - I thought it only had to be 125% and for just the two of us that would only be $17,112? I would have hoped that our careers and degrees would have been taken into account (I have 2 degrees, one in medicine and one in comp science), but it does not appear so.

My mother has agreed to co-sponsor him as well, which will hopefully make this easier.

I do have a child from a previous marraige who lives with her father in Oklahoma - where I intend on moving, but he is 100% financially responsible for her. I do contribute, but am not required to do so. I am not sure if she has to be included.

I have considered filing for dual citizenship, but to be honest I want to get this out of the way first. Between all of the filing fees, travel fees, medical fees, moving fees, etc I feel like I am already visiting a proctologist.

We were considering selling the house and moving into rented accomodation while all of this is going on - but perhaps we should wait on this. I wanted to pay off some credit cards but they can wait LOL.

I had the car valued recently so I know I can get at least 7K UK out of it if I wanted a quick sale. 8 and a half if I was prepared to stick to my guns.

What are the benefits, other than timescale, of the DCF?

I really appreciate your help. We have a long weekend planned next month - driving to Scotland to Loch Ness - we may have to stop and get married at Gretna Green!

Going to check out your link on duality now.



meauxna
QUOTE(LadyUK @ Apr 8 2007, 02:24 PM) *
Thank you sooo much.


We are crazy about each other, and very keen on starting our new life together in the USA.

I do have a question - why did you say that I am looking for (3X poverty guideline) - I thought it only had to be 125% and for just the two of us that would only be $17,112? I would have hoped that our careers and degrees would have been taken into account (I have 2 degrees, one in medicine and one in comp science), but it does not appear so.


Income and assets are not equal. To "make up" for missing income, you can use assets, but not at a one-for-one value. I-864 instructions explain this and the 3X system. The income must be US income, but check the London Embassy's comments on I-864 for local filers--word is that you are encouraged to include your UK income and that it will show to your benefit. Your CV/resume may also be included as an attachment if you feel it would help show your future employability at +125%PG income (based on your degrees, I would think so).

QUOTE
My mother has agreed to co-sponsor him as well, which will hopefully make this easier.

FYI, the correct term is "Joint Sponsor". If you will be living with mom, she also has the option of being a Household Member (I-864A) which involves less paperwork for her.

QUOTE
I do have a child from a previous marraige who lives with her father in Oklahoma - where I intend on moving, but he is 100% financially responsible for her. I do contribute, but am not required to do so. I am not sure if she has to be included.


I think that if she is not factored in your tax returns as a dependant, that she won't count in your household. I don't have kids, so don't take me as a final word on this (or anything, for that matter! I try to always provide the place where you can research further on your own.)

QUOTE
I have considered filing for dual citizenship, but to be honest I want to get this out of the way first. Between all of the filing fees, travel fees, medical fees, moving fees, etc I feel like I am already visiting a proctologist.


That up-the-bum feeling won't last too long--it's really not all that big a deal. smile.gif It's my understanding that you are better off getting your UKC handled while you are there, before you move away.

QUOTE
We were considering selling the house and moving into rented accomodation while all of this is going on - but perhaps we should wait on this. I wanted to pay off some credit cards but they can wait LOL.

I had the car valued recently so I know I can get at least 7K UK out of it if I wanted a quick sale. 8 and a half if I was prepared to stick to my guns.


Credit cards can always wait; I am not a proponant of carrying debt though, and encourage you to sell your house if/when it suits you both best *financially*. Especially as you have a Joint Sponsor/Household Member lined up, serving the I-864 is not as important as selling your major holding in the best way possible (including the possibiity of holding it as a rental).
Be honest and conservative (or realistic at best!) with the car valuation.

QUOTE
What are the benefits, other than timescale, of the DCF?


Multiple. Primarily that the result of a DCF case is an Immigrant Visa; Rob comes to the US and becomes a Permanent Resident (Green Card) immediately. All employment, travel etc are open to him from Day One.
K-1s and other non-immigrants must go thru their visa applicatio process (6-9 months), get to the US, get married in 90 days and then Adjust Status/AOS. AOS is what turns you into a PR, and that can take an additional 12+ months. During that waiting time, work and travel will be limited, as well as access to other necessities (driver's licence etc). The Guide and the Arriving in America thread have more detail.

QUOTE
I really appreciate your help. We have a long weekend planned next month - driving to Scotland to Loch Ness - we may have to stop and get married at Gretna Green!

Sounds like a great road trip! Unfortunately, despite its reputation as the Las Vegas of Europe, there are still waiting periods for getting married in GG--I looked into it myself at the time! Wave to Nessie for me!
rebeccajo
LadyUK, mo is saying '3x' the pov guideline because you aren't talking about using a regular j-o-b job (as she calls it) to substantiate your affidavit.

When using assets, they must be 3 times the normal amount.

*good lord we were typing at the same time*
LadyUK

I have been filing my taxes online today and its saying that I am owed over 6 thousand dollars from the IRS for the year 2006 - could this be correct?

I haven't completed it yet, but will give you an update when I am finished.

LadyUK
Nevermind - it was showing that I owed the IRS, but I had filled in one of the forms wrong.

I have completed my 1040EZ and the Form 2555 - Foreign Earned Income - do I just send both of these in to Austin or can I send them to the London Embassy?

*edit - you have to send them to the US address - mine is Austin Texas.

Do I need to add the form 2555 to my return?
LadyUK

Sent both forms to the US embassy in London, they will sort it out for me.

Does anyone know how long it takes to get any information back about a sucessful file?

homesick_american
QUOTE(LadyUK @ Apr 9 2007, 06:07 AM) *
Nevermind - it was showing that I owed the IRS, but I had filled in one of the forms wrong.

I have completed my 1040EZ and the Form 2555 - Foreign Earned Income - do I just send both of these in to Austin or can I send them to the London Embassy?

*edit - you have to send them to the US address - mine is Austin Texas.

Do I need to add the form 2555 to my return?


Form 2555 has to be filed with your 1040. If you have not filed returns for every year you've been in the UK, you need to start doing that now. Not tomorrow...NOW. If your taxes aren't squared away it could present problems, particularly when you return to the USA and try to get a mortgage. If you didn't file for...say...1998...you can still do so. If you don't owe the IRS money for that year then there's a good chance you won't be in trouble for filing late (better late than never) but it's something you really should do every year and on time. If you're confused about where to send your returns, call the IRS. Their 800 numbers work in the UK, or did last time I dialed them. They can give you better advice than I can; all I can tell you is what they've told me on various occasions and what my personal experiences have been. I would double-check with them; trouble with the IRS is the last thing you want.

At my husband's interview for the IR1, they only wanted my tax return from the last fiscal year, but I took along returns for the last three years anyway. We did a DCF with the US Embassy in London.

Here is what we were told at various points:

* You have to fill out an I-864 even if your assets do not qualify you to be a sponsor
* Your UK income doesn't count; neither does his
* You have to have assets in excess of $80,000 (your house and bank accounts count but your car doesn't)
* You must be able to liquidate the assets you use on your I-864 within 12 months

It sounds like you've got some groundwork to do. The USCIS likes to change the rules and they can be confusing so triple-check that the visa you're applying for is the correct one, then follow the instructions to the absolute letter. Leave nothing to chance; start gathering documentation like police certificates, birth certificates, etc. NOW. If you're going to use your house on your I-864 you have to have it valued by an estate agent (we had it valued by three) and you must have a current copy of your mortgage statement. If you're going to use bank accounts you have to have 12 months of statements; many UK banks charge for copies of these and they can take a couple of business days so if you don't have them, get them.

Also, remember we applied for a different visa from yours. It may be easier for you to just get married in the UK, then apply for a green card for your fiance. That way you won't have to do all that AOS stuff once you're in the USA. I wouldn't think an indefinite leave to remain visa (same one I have) would prohibit you from marrying...that would be rather silly. Double-check with the Home Office if you're in any way unsure about any of the terms of your visa, but right off the top of my head I can't see it being a problem. Also double-check with the USCIS to see if this route would be more appropriate.

QUOTE
I have been filing my taxes online today and its saying that I am owed over 6 thousand dollars from the IRS for the year 2006 - could this be correct?


If you're exempting all of your income in the UK from taxes in the US, the IRS should never owe you.

QUOTE
I have considered filing for dual citizenship, but to be honest I want to get this out of the way first. Between all of the filing fees, travel fees, medical fees, moving fees, etc I feel like I am already visiting a proctologist.


If memory serves you must hold an ILR visa in the UK for five years in order to qualify to apply for citizenship...unless you're married to a UK citizen in which case the waiting period is shortened to three years. Right now the Home Office is taking 6-9 months to process citizenship applications, start-to-finish. At least that's what someone at work told me; he's applying for UK citizenship and he says it's 'straightforward but takes a long time.'

If your US visa app is squared away, a K-1 will probably take less time to process than UK citizenship. You should keep in mind that it is easy to get an FLR/ILR visa when you are married to a UK citizen and if you ever did want to return to the UK with your hubby, you would likely have very little trouble getting one re-issued. However, all sorts of things can happen so if you deeply want the right to live in the UK you might want to consider citizenship. You should also keep the timeline in mind, though...and I would not mention to the USCIS that you're trying to be naturalized in the UK at the same time as applying for a K-1. They won't ask anyway. good.gif

QUOTE(LadyUK @ Apr 9 2007, 06:49 AM) *
Sent both forms to the US embassy in London, they will sort it out for me.

Does anyone know how long it takes to get any information back about a sucessful file?


Odd; I was told to never send my tax returns to the US Embassy; I always send them to the IRS in the United States. If you file from the UK every year you should get a form booklet in Jan/Feb from the IRS with sticky address labels already in it. If you stop filing they stop sending you the booklet, but that doesn't mean you don't have to file.

I've never received any notification from the IRS about my income taxes. If you want you can call them after a few weeks to ensure that the return was actually filed. That's what I do.
LadyUK
Thank you so very much for your help.

I will also try and file 2004 and 2005 to make things much easier. I will also try and back file for previous years.

We have 2 cars - one can count as an asset, yes?

Our plans our, at the moment, are as follows:
  1. File Taxes for 2005 and 2004.
  2. Search high and low for photos of us together - Rob hates having his picture taken and I am always behind the camera!
  3. Request copy of divorce documents from my first marraige in America (doing that this afternoon).
  4. Will have decree absolute from 2nd marraige within next 3 weeks.
  5. I will have approximatly £7000 Uk in savings, I will leave it there for now, will help with assets.
  6. Arrange 3 different evaluations for the house.
  7. Print off last 12 months bank statements - one of our accounts is a joint account.
  8. Get letter written from bank where we hold accounts (Lloyds TSB).
  9. Get letter written from the bank where I hold my savings - and open a US bank account (HSBC).
  10. Call IRS in 3 weeks to ensure forms have been filed.
  11. Get married as soon as possible - family are very very excited.
  12. File for DCF - this will make working when we get there soo much easier.
Does that sound like a logical plan?
sophyie
QUOTE(LadyUK @ Apr 9 2007, 02:16 PM) *
Thank you so very much for your help.

I will also try and file 2004 and 2005 to make things much easier. I will also try and back file for previous years.

We have 2 cars - one can count as an asset, yes?

Our plans our, at the moment, are as follows:
  1. File Taxes for 2005 and 2004.
  2. Search high and low for photos of us together - Rob hates having his picture taken and I am always behind the camera!
  3. Request copy of divorce documents from my first marraige in America (doing that this afternoon).
  4. Will have decree absolute from 2nd marraige within next 3 weeks.
  5. I will have approximatly £7000 Uk in savings, I will leave it there for now, will help with assets.
  6. Arrange 3 different evaluations for the house.
  7. Print off last 12 months bank statements - one of our accounts is a joint account.
  8. Get letter written from bank where we hold accounts (Lloyds TSB).
  9. Get letter written from the bank where I hold my savings - and open a US bank account (HSBC).
  10. Call IRS in 3 weeks to ensure forms have been filed.
  11. Get married as soon as possible - family are very very excited.
  12. File for DCF - this will make working when we get there soo much easier.
Does that sound like a logical plan?


Don't forget the possibility of having a joint sponsor for your husband to be- even if you never need it, it's nice to have it as a backup when your husband has his interview. I read somewhere that they might prefer joint sponsorship over assetts, so having one as a backup might be nice.

Good luck!
homesick_american
QUOTE(LadyUK @ Apr 9 2007, 07:16 AM) *
Thank you so very much for your help.

I will also try and file 2004 and 2005 to make things much easier. I will also try and back file for previous years.


Don't try...DO. File for every single year that there is a return missing. Immediately. I cannot stress enough how important this is. Go here to download the forms you will need; this archive goes all the way back to 1990:

http://www.irs.gov/formspubs/article/0,,id=98339,00.html

This is from the IRS website and deals with late filing issues; the heading says "Businesses" but I got to this link via the Individuals section:

http://www.irs.gov/businesses/small/articl...=108327,00.html

QUOTE
We have 2 cars - one can count as an asset, yes?


Not according to what I was told, but don't take my word as gospel. Double-check.

QUOTE
Our plans our, at the moment, are as follows:
  1. File Taxes for 2005 and 2004.


File for every year you've missed. Don't guess on the exchange rates either; go to http://www.oanda.com to research exchange rates for previous years.

QUOTE
  • Search high and low for photos of us together - Rob hates having his picture taken and I am always behind the camera!
  • Request copy of divorce documents from my first marraige in America (doing that this afternoon).
  • Will have decree absolute from 2nd marraige within next 3 weeks.
  • I will have approximatly £7000 Uk in savings, I will leave it there for now, will help with assets.


  • If it comes down to your app being borderline, yes. In our case we had so much equity in our house that they didn't include my bank account. I put it on there anyway though!

    QUOTE
  • Arrange 3 different evaluations for the house.
  • Print off last 12 months bank statements - one of our accounts is a joint account.
  • Get letter written from bank where we hold accounts (Lloyds TSB).
  • Get letter written from the bank where I hold my savings - and open a US bank account (HSBC).


  • They're not really interested in letters; they want the hard documents: account statements and mortgage statements. I was told a letter from a bank manager is not a substitute for a mortgage statement. Our bank (NatWest) will issue a duplicate mortgage statement but it takes a few business days. Don't leave this until the last minute; we did and the stress was just not worth it!

    QUOTE
  • Call IRS in 3 weeks to ensure forms have been filed.
  • Get married as soon as possible - family are very very excited.
  • File for DCF - this will make working when we get there soo much easier.
  • Does that sound like a logical plan?


    Sounds like you're on the right track, but you can't file the I-130 until you're married. You can prepare it though. You'll need to send off a copy of your marriage certificate with it. I'm not sure if there are any restrictions on filing an I-130 until you've been married X number of months/years; you'll want to check on that.

    Here's a good place to start:

    http://www.usembassy.org.uk/cons_new/visa/iv/index.html

    These are the rules and procedures you need to follow; follow them to the absolute letter. Leave nothing to chance.

    Good luck. kicking.gif
    elmcitymaven
    QUOTE(homesick_american @ Apr 9 2007, 01:32 PM) *
    Don't try...DO. File for every single year that there is a return missing. Immediately. I cannot stress enough how important this is. Go here to download the forms you will need; this archive goes all the way back to 1990:

    http://www.irs.gov/formspubs/article/0,,id=98339,00.html

    This is from the IRS website and deals with late filing issues; the heading says "Businesses" but I got to this link via the Individuals section:

    http://www.irs.gov/businesses/small/articl...=108327,00.html


    Interesting that you say to do all the past years. I went to the IRS office at the Embassy in person last month to say essentially "Oops, I forgot to file for the past 11 years that I've lived in the UK", and they told me I only had to complete returns for 2004-2006. I'm off to the Embassy again tomorrow to file these returns in person so I can get my photocopies stamped as proof of filing to use for my I-864 as instructed by IRS London staff. I'll ask if it is strictly necessary to file for the other years, if there is any advantage to doing so and/or any penalty for not filing for those years. Frankly if I don't have to do them, I don't want to, particularly as I don't have any wage slips or P60s for years prior to 2002 and I have no idea what I earned in those years except for "not much".

    I'll post tomorrow after my visit to the taxmen!
    homesick_american
    QUOTE(elmcitymaven @ Apr 9 2007, 09:11 AM) *
    QUOTE(homesick_american @ Apr 9 2007, 01:32 PM) *
    Don't try...DO. File for every single year that there is a return missing. Immediately. I cannot stress enough how important this is. Go here to download the forms you will need; this archive goes all the way back to 1990:

    http://www.irs.gov/formspubs/article/0,,id=98339,00.html

    This is from the IRS website and deals with late filing issues; the heading says "Businesses" but I got to this link via the Individuals section:

    http://www.irs.gov/businesses/small/articl...=108327,00.html


    Interesting that you say to do all the past years. I went to the IRS office at the Embassy in person last month to say essentially "Oops, I forgot to file for the past 11 years that I've lived in the UK", and they told me I only had to complete returns for 2004-2006. I'm off to the Embassy again tomorrow to file these returns in person so I can get my photocopies stamped as proof of filing to use for my I-864 as instructed by IRS London staff. I'll ask if it is strictly necessary to file for the other years, if there is any advantage to doing so and/or any penalty for not filing for those years. Frankly if I don't have to do them, I don't want to, particularly as I don't have any wage slips or P60s for years prior to 2002 and I have no idea what I earned in those years except for "not much".

    I'll post tomorrow after my visit to the taxmen!


    I was told by the IRS that you have to file every year; that's all I can tell you. US citizens are legally required to submit a tax return every year no matter where they live.
    LadyUK

    Thank you for your responses. According to the IRS website, we MUST file every year, regardless of where we are.

    Sooo, the last time I filed was tax year 1999, and I intend on filing from 2000 onward.

    I have been told in the past to not worry, as they won't chase you because you probably don't owe any money, but that was from an accountant, not a staff member of the IRS.

    Once again, thank you soo much for your help!
    homesick_american
    QUOTE(LadyUK @ Apr 9 2007, 12:23 PM) *
    Thank you for your responses. According to the IRS website, we MUST file every year, regardless of where we are.

    Sooo, the last time I filed was tax year 1999, and I intend on filing from 2000 onward.

    I have been told in the past to not worry, as they won't chase you because you probably don't owe any money, but that was from an accountant, not a staff member of the IRS.

    Once again, thank you soo much for your help!


    They're unlikely to chase you at the moment since you don't owe them any money, but having missing returns can cause problems for you once you return to the United States. The forms are pretty easy to fill in; they're pretty much the same thing year on year. Just gather up your old paycheck stubs (you don't even have to send those in) for the info, print out all the back tax forms, and just sit down and fill them in one by one. I can pretty much guarantee it won't take more than a couple of hours, and you'll unburden yourself of that particular worry. Filing a 1040 and 2555-EZ together is ridiculously easy. good.gif Just do it! good.gif
    LadyUK

    Thank you everyone for your help and guidance.

    I will send my taxes for the past 3 years tomorrow in the post.

    It looks like we will be booking Gretna Green around the end of May - I am sooo excited!

    elmcitymaven
    I popped by the IRS Office at the Embassy this morning to file my tax returns for 2004-2006. The man who helped me asked, "You aren't filing for an immigrant visa for your husband by any chance?" when I said I just found out I was supposed to be filing all along. Seems this is the standard thing for us DCFers who were similarly ignorant!

    Anyway, I asked about what I should do for the years 1997-2003.

    Him: Did you owe anything?
    Me: No, didn't make enough. Do I need to backfile?
    Him: No.
    Me: Will there be any fines or anything if I don't backfile?
    Him: No.
    Me: I'm not in trouble with the IRS?
    Him: No.
    Me: Will it cause any problems when I get back to the States?
    Him (with a big smile on his face, almost cracking up): Ma'am what part of "no" are you not understanding?
    Me: I guess the part you're saying!! laughing.gif

    So the upshot is that he said not to worry about those years at all. It is irrefutable that we must file every year, but if you were genuinely ignorant of the need to do so and you have no tax liability there is no need to file for years preceding the previous three. Or so sayeth Uncle Sam's agent.

    homesick_american
    QUOTE(elmcitymaven @ Apr 10 2007, 11:25 AM) *
    I popped by the IRS Office at the Embassy this morning to file my tax returns for 2004-2006. The man who helped me asked, "You aren't filing for an immigrant visa for your husband by any chance?" when I said I just found out I was supposed to be filing all along. Seems this is the standard thing for us DCFers who were similarly ignorant!

    Anyway, I asked about what I should do for the years 1997-2003.

    Him: Did you owe anything?
    Me: No, didn't make enough. Do I need to backfile?
    Him: No.
    Me: Will there be any fines or anything if I don't backfile?
    Him: No.
    Me: I'm not in trouble with the IRS?
    Him: No.
    Me: Will it cause any problems when I get back to the States?
    Him (with a big smile on his face, almost cracking up): Ma'am what part of "no" are you not understanding?
    Me: I guess the part you're saying!! laughing.gif

    So the upshot is that he said not to worry about those years at all. It is irrefutable that we must file every year, but if you were genuinely ignorant of the need to do so and you have no tax liability there is no need to file for years preceding the previous three. Or so sayeth Uncle Sam's agent.


    Bizarre...that is the exact opposite of what I was told. blink.gif Oh well; all my returns are filed anyway, so nothing to worry about. good.gif
    smdexpat
    QUOTE(LadyUK @ Apr 8 2007, 10:28 PM) *
    Okay, I will clarify a few things and perhaps make it easier for you to advise me.

    My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.

    My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

    I have lived here since 1997.

    I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

    Our combined household income is about £42,000 per annum - or about $84,000.00 US.

    I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

    Would this be adequate for assets?

    I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved tongue.gif



    Your income is only valid if you will continue to receive the same source of income when you are in the USA. i.e. if you are planning on resigning and trying to find a new job in the USA - your income is not counted.

    cheers
    zyggy
    It's actually pretty rare that anyone in the UK would owe any US taxes period due to the income exclusion and then from the foreign tax credits that you get because of the US-UK tax treaty... but they want you to file to make sure you're on the up and up...

    The whole purpose of the worldwide filing and income is to catch those who have set up their residency in tax havens such as the Grand Caymans and the like in the interest of avoiding US taxation....

    and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...



    homesick_american
    QUOTE(zyggy @ Apr 12 2007, 08:13 AM) *
    and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...



    Might that not create domicile problems though? unsure.gif
    zyggy
    QUOTE(homesick_american @ Apr 12 2007, 09:36 AM) *
    QUOTE(zyggy @ Apr 12 2007, 08:13 AM) *
    and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...



    Might that not create domicile problems though? unsure.gif



    Nope... Citizenship has nothing to do with domicile...

    homesick_american
    QUOTE(zyggy @ Apr 12 2007, 03:28 PM) *
    QUOTE(homesick_american @ Apr 12 2007, 09:36 AM) *
    QUOTE(zyggy @ Apr 12 2007, 08:13 AM) *
    and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...



    Might that not create domicile problems though? unsure.gif



    Nope... Citizenship has nothing to do with domicile...



    Good to know. At this point it's too late for me to apply for UK citizenship anyway; it takes months and we have mere weeks left before we leave. good.gif
    zyggy
    QUOTE(homesick_american @ Apr 12 2007, 06:03 PM) *
    QUOTE(zyggy @ Apr 12 2007, 03:28 PM) *
    QUOTE(homesick_american @ Apr 12 2007, 09:36 AM) *
    QUOTE(zyggy @ Apr 12 2007, 08:13 AM) *
    and to reinforce.. I am of the opinion that the OP should file for their UKC before they file for anything else... this is something that you're entitled to and will make your life a lot easier in the future in terms of visiting and if you want to go back and the wondow of your eligibility will be closing as soon as you set your timeline to the US... File for the UKC with the home office now.. before you file for the IV...



    Might that not create domicile problems though? unsure.gif



    Nope... Citizenship has nothing to do with domicile...



    Good to know. At this point it's too late for me to apply for UK citizenship anyway; it takes months and we have mere weeks left before we leave. good.gif


    Why not apply anyways... it would be a good excuse for you to go back and visit when it's complete... To let UK Citizenship slip through your fingers... it think you would really come to regret that...


    homesick_american
    QUOTE(zyggy @ Apr 13 2007, 08:35 AM) *
    Why not apply anyways... it would be a good excuse for you to go back and visit when it's complete... To let UK Citizenship slip through your fingers... it think you would really come to regret that...


    Maybe if I was from a country with a lot of unrest...but I don't feel that not having UK citizenship would in any way hinder me later in life. If we ever wanted to come back here...and right now it's not very likely, I can't wait to get out of this country...I'll just reapply for a resident visa which was ridiculously easy to get the first time.

    Plus, I object on principle to pledging an oath of loyalty to a monarch. If the UK didn't have that particular step built into its naturalization process, I might consider it. But as long as I have to pledge allegiance to someone whose only accomplishment was to emerge from the correct birth canal, I refuse on principle. whistling.gif
    elmcitymaven
    QUOTE(homesick_american @ Apr 13 2007, 11:11 PM) *
    QUOTE(zyggy @ Apr 13 2007, 08:35 AM) *
    Why not apply anyways... it would be a good excuse for you to go back and visit when it's complete... To let UK Citizenship slip through your fingers... it think you would really come to regret that...


    Maybe if I was from a country with a lot of unrest...but I don't feel that not having UK citizenship would in any way hinder me later in life. If we ever wanted to come back here...and right now it's not very likely, I can't wait to get out of this country...I'll just reapply for a resident visa which was ridiculously easy to get the first time.

    Plus, I object on principle to pledging an oath of loyalty to a monarch. If the UK didn't have that particular step built into its naturalization process, I might consider it. But as long as I have to pledge allegiance to someone whose only accomplishment was to emerge from the correct birth canal, I refuse on principle. whistling.gif


    I agree on all points! I loved living here for ages, but now I can't wait to get out -- neither can Bruce. I've managed 11 years here without a red passport and even though my work will bring me back to London 3 or 4 times a year I don't see myself ever wanting to resettle here permanently again. But as you say, if I need to come back I'll get the ILR stamp again. For those of us who have this option, it's not a biggie.

    And I know some will disagree with me, but I resent having to take a test to prove I will be a clued-up member of British society -- I think I've proved that through the way I have paid my taxes, created networks of friends and colleagues, and participated in civic life. I'm a native English speaker with multiple academic qualifications, most of them earned in Britain. I think there is definitely merit in such a test for newcomers to Britain, but for those of us with long-term residence in the UK such actions should be taken into account.

    (Which is of course to say that I want special treatment, dash it!)
    homesick_american
    QUOTE(elmcitymaven @ Apr 14 2007, 04:04 AM) *
    QUOTE(homesick_american @ Apr 13 2007, 11:11 PM) *
    QUOTE(zyggy @ Apr 13 2007, 08:35 AM) *
    Why not apply anyways... it would be a good excuse for you to go back and visit when it's complete... To let UK Citizenship slip through your fingers... it think you would really come to regret that...


    Maybe if I was from a country with a lot of unrest...but I don't feel that not having UK citizenship would in any way hinder me later in life. If we ever wanted to come back here...and right now it's not very likely, I can't wait to get out of this country...I'll just reapply for a resident visa which was ridiculously easy to get the first time.

    Plus, I object on principle to pledging an oath of loyalty to a monarch. If the UK didn't have that particular step built into its naturalization process, I might consider it. But as long as I have to pledge allegiance to someone whose only accomplishment was to emerge from the correct birth canal, I refuse on principle. whistling.gif


    I agree on all points! I loved living here for ages, but now I can't wait to get out -- neither can Bruce. I've managed 11 years here without a red passport and even though my work will bring me back to London 3 or 4 times a year I don't see myself ever wanting to resettle here permanently again. But as you say, if I need to come back I'll get the ILR stamp again. For those of us who have this option, it's not a biggie.

    And I know some will disagree with me, but I resent having to take a test to prove I will be a clued-up member of British society -- I think I've proved that through the way I have paid my taxes, created networks of friends and colleagues, and participated in civic life. I'm a native English speaker with multiple academic qualifications, most of them earned in Britain. I think there is definitely merit in such a test for newcomers to Britain, but for those of us with long-term residence in the UK such actions should be taken into account.

    (Which is of course to say that I want special treatment, dash it!)


    A lot of these new hoops are Labour's reactionary cr@p anyway and are in response to the xenophobic garbage in the Daily Mirror and The Sun. The inmates are truly running the asylum here...can't wait to get out. Even US under Bush has to be better than this place. blink.gif
    LadyUK
    I, too, established one of my degrees and numerous other qualifications while living here, including paying the extra £7000 per year for foreign education fees. I have been here nearly ten years and have established friendships, businesses, and have only ever recieved 1 speeding ticket.

    I volunteer in my community, am an avid voter, pay through the nose in tax for items priced 300% higher than on the continent, recieve crappy service and sometimes hold my tongue, contribute to my local police meetings, volunteer for the local police authority, have protested issues, been involved in the anti-war movement (and the impeach Bush movements), created support networks for hundreds of people with concerns over certain medical issues and have even been subjected to catching MRSA while I have been here (which should be classed as a British "thing" since it is so bloody common).

    I have even had Phd students who are writing their thesis on the Taliban in my home - surely that could be classed as fitting in with a British group?

    Why should I have to take a test about what being British is all about when I clearly know more than most of the people around me? It sometimes sickens me when some people tell me they have never left the country, don't know where Wales is or even eaten spaghetti - its all foreign, you know.


    I am very interested and involved in poilitics - can you tell?

    QUOTE(homesick_american @ Apr 14 2007, 10:13 AM) *
    Even US under Bush has to be better than this place. blink.gif


    Bush is one of the main reasons I have avoided going back to the US until now.

    As much as I hate the monarchy and the doleys, chavs, NHS, speed camera money makers (safety my a*se) and all of the new citizen tests to make more money for the government, I would much rather be here and as far away from that war-mongering, lying, fear-enducing, election-stealing, uneducated, over-privledged, murdering idiot named Bush as possible.

    I often feel as though I have to apologize for being an American - how many of you feel the same?

    I hate feeling ashamed of my nationality because of one man.

    Sure Clinton got someone doing the dirty with him when he was in office, but he did his job, and I thought he was a great president. I was proud to be an American then.
    I love many many many things about the UK, the government is NOT one of them, but I am happy to have waited and to be going back nearer the time that Bush is going out.
    kicking.gif

    /end rant LOL



    homesick_american
    QUOTE(LadyUK @ Apr 14 2007, 11:43 AM) *
    QUOTE(homesick_american @ Apr 14 2007, 10:13 AM) *
    Even US under Bush has to be better than this place. blink.gif


    Bush is one of the main reasons I have avoided going back to the US until now.



    I lived in Texas the entire time he was governor, so I know what we'll be dealing with when we get back. (I left shortly after he took office in April 2001.) It's better now because he's a lame duck, his approval ratings are in the toilet, and there's a Democrat congress. The guy is basically hog-tied until January 2009 and we all know it. Don't let him worry you.

    QUOTE
    As much as I hate the monarchy and the doleys, chavs, NHS, speed camera money makers (safety my a*se) and all of the new citizen tests to make more money for the government, I would much rather be here and as far away from that war-mongering, lying, fear-enducing, election-stealing, uneducated, over-privledged, murdering idiot named Bush as possible.


    So you can be under that war-mongering, lying, fear-inducing idiot Tony Blair? whistling.gif

    QUOTE
    I often feel as though I have to apologize for being an American - how many of you feel the same?

    I hate feeling ashamed of my nationality because of one man.

    Sure Clinton got someone doing the dirty with him when he was in office, but he did his job, and I thought he was a great president. I was proud to be an American then.
    I love many many many things about the UK, the government is NOT one of them, but I am happy to have waited and to be going back nearer the time that Bush is going out.
    kicking.gif

    /end rant LOL


    Oh...I feel like people EXPECT me to apologize for being American, but I refuse to apologize for something I had no control over. I think it pisses off some British people that I'm not appropriately penitent for my Americanness, but I don't really care what they think. (Not caring about what they think also tends to piss them off.) innocent.gif

    Right now I can't think of anything about the UK that I love. I can ENJOY some aspects of life here, but those aspects aren't unique to the UK. I honestly have no love for this country.
    meauxna
    hunh---it's great to finally hear the other side of the conversation--usually I read the threads of (mainly Brits, cause it's a Brit expat group..) with all their reasons why they would never pledge allegiance to the US. I always wondered vaguely what the other side would have to say (the complaints look vaguely similar, btw). I've maintained that the reason I'll never wind up with my red passport is because I couldn't bear to live over there the requisite 3 years (neither could he). My advantage focus was always on the ease of living elsewhere in the EU.

    And LadyUK, oh yes on the apologies. I was in Greece on 9/11 and didn't get back to the US til a couple of years later. My folks have been living in Spain part time since then too and have experienced the same.
    Be ready for a shock when you get back here, gals. It's a wacky world.
    homesick_american
    QUOTE(meauxna @ Apr 14 2007, 01:39 PM) *
    hunh---it's great to finally hear the other side of the conversation--usually I read the threads of (mainly Brits, cause it's a Brit expat group..) with all their reasons why they would never pledge allegiance to the US. I always wondered vaguely what the other side would have to say (the complaints look vaguely similar, btw). I've maintained that the reason I'll never wind up with my red passport is because I couldn't bear to live over there the requisite 3 years (neither could he). My advantage focus was always on the ease of living elsewhere in the EU.

    And LadyUK, oh yes on the apologies. I was in Greece on 9/11 and didn't get back to the US til a couple of years later. My folks have been living in Spain part time since then too and have experienced the same.
    Be ready for a shock when you get back here, gals. It's a wacky world.



    I've visited since then; I'm sure it won't be terribly shocking after living inside George Orwell's '1984' for six years. I feel so SPIED ON in this country; I hate it. It's such a nanny state too; you can't make any decision for yourself.

    One of the things that drives me REALLY nuts is the culture at work. In every company I worked for in Texas, if your boss told you to do something...you did it. Project due on Friday? Project READY on Friday. Software release next Tuesday? Software READY to release next Tuesday, or at least we busted our asses trying. Here, you have to practically BEG some people to do their jobs. There's this guy at work who is driving us nuts; the boss told him he needed to shift his database from Access 97 to SQL Server, and booked some time with me to help him with the transition. The guy...whom I'll call Bob...has dragged his feet petulantly throughout the entire process and has not taken on board anything I've told him. It has been like pulling teeth to get any information out of him whatsoever, and now he's full of excuses as to why he can't do any work on this particular project even though the boss has told him it takes HIGHEST priority over anything else he's doing. Bob just won't listen. The boss came up to me the other day and said "How can I convince Bob to do his job?" I was like..."Hell if I know; where I come from we'd have fired him by now."

    whistling.gif

    ...also...this job is NOTHING compared to my last one. I could write a book about the last company I worked for.
    LadyUK
    yep, I work in the same field, the company "a friend" is currently contracted to has a few like this.
    Deadlines are very relaxed & goalposts are always being moved.
    Its why the company has been working on this piece of software for over 3 years with no releases (my "friend" has only been with them for about 18 months).

    Because employees have so many rights here in the UK, the ones who are slackers take advantage knowing that if you have employed them for over a year, firing them is damn near impossible.

    Making their workday hell isn't, if you are careful.
    If you don't trust them with getting work done, don't give them anything of importance to work on.
    Make them responsible for typing up letters and administrative tasks and task them with impossible deadlines.
    Take away any and all responsibility, especially of staff, and make them report to you daily.

    Someone at "a friend's workplace" came to work one day (project manager of this software thats taking so long to have any outcome, who lied on his CV to get the job and really has no IT qualifications or experience) to find that not only has his role moved to the side, he has no more staff management duties, he has no say over decisions, his only role is to type up specifications, and one of his staff members was now his boss.
    Everyone in their office is waiting patiently to see how it all ends up.
    But this guy is a right b*stard and loves to bully people. Now that he has no power, he can't and it kills him.

    Make sure that you adhere to every minute detail of their contract and your employee handbook, but nothing more.
    They will soon leave on their own accord, but you may have to be patient.

    I have no patience for slackers and timewasters. As Larry the Cable Guy says, Get Er Done!
    homesick_american
    QUOTE(LadyUK @ Apr 14 2007, 02:37 PM) *
    Someone at "a friend's workplace" came to work one day (project manager of this software thats taking so long to have any outcome, who lied on his CV to get the job and really has no IT qualifications or experience) to find that not only has his role moved to the side, he has no more staff management duties, he has no say over decisions, his only role is to type up specifications, and one of his staff members was now his boss.
    Everyone in their office is waiting patiently to see how it all ends up.
    But this guy is a right b*stard and loves to bully people. Now that he has no power, he can't and it kills him.

    Make sure that you adhere to every minute detail of their contract and your employee handbook, but nothing more.
    They will soon leave on their own accord, but you may have to be patient.

    I have no patience for slackers and timewasters. As Larry the Cable Guy says, Get Er Done!


    Be careful with that guy; he might be able to get your company for constructive dismissal. Making someone's life hell so they'll quit because you can't fire them is basically the same as firing them. I would think lying on his CV about his qualifications would be enough to fire him outright; if it isn't, it makes me more glad we're going to TX! Wooo!

    This job isn't bad; it's not a place I'd want to work forever, and they did offer me a permanent position. I turned it down because we're leaving, but even if we weren't I probably would have turned it down anyway. The two people I work with 90% of the time are great; some of the others of them are annoying, but it's easy enough to deal with them when I know I'm leaving. devil.gif
    LadyUK


    Well, I have not heard anyone outright say that that is what they are doing - but its pretty obvious.

    I have written proof that this guy hasn't developed some of the sites/software he has claimed to have worked on - funnily enough the UK Home Office. They have never heard of him and weren't happy that he has made these claims.

    The directors at this particular company where this guy is are always very hesitant to fire someone - I don't understand the reasoning - in fact I have yet to see it done - they just get moved to a different office/role.

    I suppose SOMEONE has to type up the specifications and documents, and I am sure glad it isn't me smile.gif


    homesick_american
    QUOTE(LadyUK @ Apr 14 2007, 04:33 PM) *
    Well, I have not heard anyone outright say that that is what they are doing - but its pretty obvious.

    I have written proof that this guy hasn't developed some of the sites/software he has claimed to have worked on - funnily enough the UK Home Office. They have never heard of him and weren't happy that he has made these claims.

    The directors at this particular company where this guy is are always very hesitant to fire someone - I don't understand the reasoning - in fact I have yet to see it done - they just get moved to a different office/role.

    I suppose SOMEONE has to type up the specifications and documents, and I am sure glad it isn't me smile.gif


    Yeah; documentation sucks. I was in SQA for 8 years and a good deal of what I did was documentation; unlike programmers, quality analysts have to write down everything they do. Now that I'm programming I find writing documentation to be a pain in the rear and I rarely do it; since I test my own app it hasn't been an issue. whistling.gif
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