I-864 with joint sponsor

[YankeeDoodleWifey 0]

I have several questions so I'll start from the beginning!

I am filing with a joint sponsor as I cannot show US earned income. I also have failed to file taxes for the US for the past two years as I have been unable to find a company/individual who would do it for a reasonable sum- not to mention that the UK tax year is different from the US tax year. I'm unsure how to reconcile that and was planning to complete the taxes in the US, with someone who would readily understand the US tax system. My accountant made a stab at trying to get the taxes done for me, but he was unable to understand the whole thing. I also have no way- other than my two year spousal visa- to prove US domicile. I do not have children, we are planning to move in with family upon return, and I have been turned down several times for employment based on the fact that I am unable to attend interviews.

Is it necessary that I be an I-864 sponsor? Can my brother-in-law be the sole I-864 filer?

I know he takes the burden of US earned income, but does that extend to taxes and domicile as well?

If not, would they accept that my last filing was for 2006?

Is a spousal two year visa temporary enough to be accepted under the domicile requirements?

The whole process has been very stressful. Thank you all for your help.

[trailmix 77]

Is it necessary that I be an I-864 sponsor? Can my brother-in-law be the sole I-864 filer?

Yes, you are the primary sponsor, regardless of whether or not you have a cosponsor. You must complete the I-864 - you will need to file those taxes.

I know he takes the burden of US earned income, but does that extend to taxes and domicile as well?

I'm not sure what you mean here - do you mean does he need to have filed the taxes and does he need to prove domicile? Well he should be domiciled in the U.S. and he has to have those tax returns as well.

If not, would they accept that my last filing was for 2006?

No.

Is a spousal two year visa temporary enough to be accepted under the domicile requirements?

You may want to read this thread regarding domicile: Proving domicile when not living in the U.S.

Edited August 13, 2009 by trailmix

[essjay 0]

With regard to the tax returns, have a look at this topic:

http://www.visajourney.com/forums/index.php?showtopic=207227

If you are a USC, you need to file US Tax Returns regardless of where you live, unless you fall into the exempt category. We were in a similar position, but we used a US accountant based in the UK to prepare the returns for us for the three years leading up to the visa application.

On the question of domicile, my husband, the USC had never lived in the UK. What we did was prove his USC status and show that we had somewhere lined up to live when we moved. We also showed that we were selling everything in the UK to make our intentions clear.

Feel free to PM me if you want any further info. Good Luck It is stressful, but worth it in the end....

[trailmix 77]

With regard to the tax returns, have a look at this topic:

http://www.visajourney.com/forums/index.php?showtopic=207227

If you are a USC, you need to file US Tax Returns regardless of where you live, unless you fall into the exempt category. We were in a similar position, but we used a US accountant based in the UK to prepare the returns for us for the three years leading up to the visa application.

On the question of domicile, my husband, the USC had never lived in the UK. What we did was prove his USC status and show that we had somewhere lined up to live when we moved. We also showed that we were selling everything in the UK to make our intentions clear.

Feel free to PM me if you want any further info. Good Luck It is stressful, but worth it in the end....

I always think it's too bad when threads like this move in to PM - then there is no information in the thread for others who might have the same questions

[essjay 0]

But PM has been useful when someone asks, for example, for an advisor recommendation and you don't want to post address or telephone numbers. That's all I was thinking.....

I agree, advice on general aspects should always stay on the forum!

[trailmix 77]

But PM has been useful when someone asks, for example, for an advisor recommendation and you don't want to post address or telephone numbers. That's all I was thinking.....

I agree, advice on general aspects should always stay on the forum!

[YankeeDoodleWifey 0]

Is it necessary that I be an I-864 sponsor? Can my brother-in-law be the sole I-864 filer?

Yes, you are the primary sponsor, regardless of whether or not you have a cosponsor. You must complete the I-864 - you will need to file those taxes.

I know he takes the burden of US earned income, but does that extend to taxes and domicile as well?

I'm not sure what you mean here - do you mean does he need to have filed the taxes and does he need to prove domicile? Well he should be domiciled in the U.S. and he has to have those tax returns as well.

If not, would they accept that my last filing was for 2006?

No.

Is a spousal two year visa temporary enough to be accepted under the domicile requirements?

You may want to read this thread regarding domicile: Proving domicile when not living in the U.S.

OK, I kind of knew I was going to have to sort the taxes first- I was just hoping there would be a way around it cause it involves a massive amount of brain crunching. I have decided to attempt them myself, as I used to file my taxes in the US anyway- got the 2007 without a hitch cause I only had American income with that. 2008 was a monster! That f2555 form is a killer!

I think I have them sorted now and will send them off tomorrow- is that enough for them to be considered 'filed'? I know they'll be late, but I'm not concerned about that. So long as they are considered filed.

I had hoped that my brother-in-law's domicile would be enough to cover both of us, but I can see, from the taxes, that it won't help. I will see what I can do to get something more than my entry clearance (showing a valid from Sept. 26 2007 until Sept. 26, 2009) to show a temp agreement with the UK. I've also asked my relatives to contact their landlords in the states and draft a letter together. I'm not really sure what else I can do. I'll ship some things over- using the post office receipt as proof of having sent it to the states ahead of us.

Thank you for your help.

[YankeeDoodleWifey 0]

With regard to the tax returns, have a look at this topic:

http://www.visajourney.com/forums/index.php?showtopic=207227

If you are a USC, you need to file US Tax Returns regardless of where you live, unless you fall into the exempt category. We were in a similar position, but we used a US accountant based in the UK to prepare the returns for us for the three years leading up to the visa application.

On the question of domicile, my husband, the USC had never lived in the UK. What we did was prove his USC status and show that we had somewhere lined up to live when we moved. We also showed that we were selling everything in the UK to make our intentions clear.

Feel free to PM me if you want any further info. Good Luck It is stressful, but worth it in the end....

So, in your opinion, would you think that a letter from my relatives, the 2 year temp visa on my US passport and the proof that we were selling, shipping or just throwing away the extra things we have would be enough? I know you can't say 100% that it would be, but in your personal opinion?

The London embassy seems to be a bit more relaxed than the US processing centres. I plan- if we can get the interview in time- to go with my husband to the interview and discuss it with them. If not, I will hope my husband can be the convincing man I know him to be!

Thank you very much.

[trailmix 77]

With regard to the tax returns, have a look at this topic:

http://www.visajourney.com/forums/index.php?showtopic=207227

If you are a USC, you need to file US Tax Returns regardless of where you live, unless you fall into the exempt category. We were in a similar position, but we used a US accountant based in the UK to prepare the returns for us for the three years leading up to the visa application.

On the question of domicile, my husband, the USC had never lived in the UK. What we did was prove his USC status and show that we had somewhere lined up to live when we moved. We also showed that we were selling everything in the UK to make our intentions clear.

Feel free to PM me if you want any further info. Good Luck It is stressful, but worth it in the end....

So, in your opinion, would you think that a letter from my relatives, the 2 year temp visa on my US passport and the proof that we were selling, shipping or just throwing away the extra things we have would be enough? I know you can't say 100% that it would be, but in your personal opinion?

The London embassy seems to be a bit more relaxed than the US processing centres. I plan- if we can get the interview in time- to go with my husband to the interview and discuss it with them. If not, I will hope my husband can be the convincing man I know him to be!

Thank you very much.

That sounds pretty good - you are basically showing intent to reestablish domicile and that is what they want. Are you shipping any stuff to the states? If so why not get an online quote to supply as well.

One other thing, no reason for your inlaws to contact their landlord, a letter from them that you have an agreement to pay rent and will be living with them will be sufficient.

Edited August 13, 2009 by trailmix

[YankeeDoodleWifey 0]

With regard to the tax returns, have a look at this topic:

http://www.visajourney.com/forums/index.php?showtopic=207227

If you are a USC, you need to file US Tax Returns regardless of where you live, unless you fall into the exempt category. We were in a similar position, but we used a US accountant based in the UK to prepare the returns for us for the three years leading up to the visa application.

On the question of domicile, my husband, the USC had never lived in the UK. What we did was prove his USC status and show that we had somewhere lined up to live when we moved. We also showed that we were selling everything in the UK to make our intentions clear.

Feel free to PM me if you want any further info. Good Luck It is stressful, but worth it in the end....

So, in your opinion, would you think that a letter from my relatives, the 2 year temp visa on my US passport and the proof that we were selling, shipping or just throwing away the extra things we have would be enough? I know you can't say 100% that it would be, but in your personal opinion?

The London embassy seems to be a bit more relaxed than the US processing centres. I plan- if we can get the interview in time- to go with my husband to the interview and discuss it with them. If not, I will hope my husband can be the convincing man I know him to be!

Thank you very much.

That sounds pretty good - you are basically showing intent to reestablish domicile and that is what they want. Are you shipping any stuff to the states? If so why not get an online quote to supply as well.

One other thing, no reason for your inlaws to contact their landlord, a letter from them that you have an agreement to pay rent and will be living with them will be sufficient.

Do you think that sending my taxes tomorrow- via the fastest method the UK post office has- would be enough for them to be considered 'filed'?

Thank you.

[essjay 0]

Firstly, where are you sending your tax returns? London or US?

Secondly, assuming you send them to London, make sure you get proof of sending and signature receipt. I am sure it is stating the obvious, but make sure you keep copies to take with you to the interview....

As to your other info, looks good. As trailmix said, the key is showing your intent to re-establish domicile. Anything showing that you have taken steps to leave the UK is good.

Also, be prepared to discuss what you are both going to do once you get to the States. They will be interested to know what your plans are, where are you going to live etc...

[YankeeDoodleWifey 0]

Firstly, where are you sending your tax returns? London or US?

Secondly, assuming you send them to London, make sure you get proof of sending and signature receipt. I am sure it is stating the obvious, but make sure you keep copies to take with you to the interview....

As to your other info, looks good. As trailmix said, the key is showing your intent to re-establish domicile. Anything showing that you have taken steps to leave the UK is good.

Also, be prepared to discuss what you are both going to do once you get to the States. They will be interested to know what your plans are, where are you going to live etc...

I didn't know you could send the tax returns to London! Oh man, I was going to send them to Texas! What a disaster that would have been! I will definitely send them to London special delivery- then it will get there the next day and i will have a signature. Oh I hope that takes care of the tax issue! I will make two copies of the paperwork, keep the receipt for sending it and print off the signature once it is online.

Thank you again for all your help!

[essjay 0]

Have a look at the London Embassy website and click through to the IRS section for all the details.

[Anh map 2,098]

For the I-864 you will need to obtain IRS transcripts of the late filed returns. (See page 8 of the I-864 instructions) Photocopies of those returns will not be enough.

[essjay 0]

When I did the interview a couple of years ago, London Embassy accepted photocopies without question, particularly for USC's filing their tax returns out of the US. We produced three years of photocopies - no transcripts. I haven't heard that the position has changed, but perhaps some recent UK interviewees can confirm that London Embassy still accept photocopies.