Next step as alien spouse?

[JTiramani 0]

Hello,

I'm living in London (UK citizen) and have been married to a US citizen for over 5 years. She's just moved to New York for work and I intend to join her as soon as possible. I also have a confirmed job when I get there.

In May we filed the I-130. This was recieved on the 30th May. I have heard nothing since, despite the letter saying we should hear something within 5 weeks. The phone number and email supplied to follow up enquiries are now both dead.

My questions are as follows:

Should I have heard by now? If so, how do I find out if the letter was lost in the post etc?

What are the next steps that I can be taking the meantime? It seems that I want to follow the route where she fills out an I-864 (how do we do this with UK tax returns not US tax returns?), I fill out DS-260 etc etc.

Is an I-485 also something I need to fill out?

Is this correct? I don't have an NVC case number so that seems problematic. Are these forms filed in London or in the States?

Essentially I've spent so long going round in circles on the websites that I've confused myself and can't figure out what to do next, how long it will, how much it will cost etc.?

Any help is much apprieciated.

[slvrfx576 15]

I will let others more knowledgeable about the UK process chime in on your questions, but I do want to point out that the fact that your wife has not filed US tax returns is a potential problem. US Citizens are required to report and pay taxes on all world wide income....not just US based income. She may very well not have a tax liability because she can exclude an generous amount (currently $97,400) from her income....but it must be reported. I suggest that at least she files her last 3 years of US tax returns. She should consult a US tax professional as questions with regard to filing status, etc, will also arise.

[JTiramani 0]

Thank you for your reply.

My wife moved to the UK to be with me the week she graduated college. I fear that she's never filed tax returnes because she never lived as an adult in the US and isn't particularly savvy on the processes there. I hope I'm wrong of coure.

[Hypnos 6,579]

It is a requirement for US citizens to file US income taxes wherever in the world they are living.

She may well have to file / pay back taxes to the US government before she was able to file an affidavit of support for you, not to mention the issue of domicile.

[dwheels76 5,486]

Hello,

I'm living in London (UK citizen) and have been married to a US citizen for over 5 years. She's just moved to New York for work and I intend to join her as soon as possible. I also have a confirmed job when I get there.

In May we filed the I-130. This was recieved on the 30th May. I have heard nothing since, despite the letter saying we should hear something within 5 weeks. The phone number and email supplied to follow up enquiries are now both dead.

My questions are as follows:

Should I have heard by now? If so, how do I find out if the letter was lost in the post etc?

What are the next steps that I can be taking the meantime? It seems that I want to follow the route where she fills out an I-864 (how do we do this with UK tax returns not US tax returns?), I fill out DS-260 etc etc.

Is an I-485 also something I need to fill out?

Is this correct? I don't have an NVC case number so that seems problematic. Are these forms filed in London or in the States?

Essentially I've spent so long going round in circles on the websites that I've confused myself and can't figure out what to do next, how long it will, how much it will cost etc.?

Any help is much apprieciated.

Should I have heard by now? If so, how do I find out if the letter was lost in the post etc?

Sent in May your petition maybe still sitting at NBC. Has your wife called USCIS to ask where her petition is? Is it at the local office. You say number is dead? Huh what do you mean dead?

What are the next steps that I can be taking the meantime? It seems that I want to follow the route where she fills out an I-864 (how do we do this with UK tax returns not US tax returns?), I fill out DS-260 etc etc..

Go here to the NVC filers thread read Post #1 so you know what to do at NVC. The other post addressed the tax return issue.

http://www.visajourney.com/forums/topic/451446-nvc-filers-september-2013/

Is an I-485 also something I need to fill out?

This does not apply to you. This is for spouses who live in the US.

Is this correct?

No see above.

I don't have an NVC case number so that seems problematic. Are these forms filed in London or in the States?

You aren't at NVC so you wouldn't have a case number. You must get approved at USCIS first.

Essentially I've spent so long going round in circles on the websites that I've confused myself and can't figure out what to do next, how long it will, how much it will cost etc.?

Right now many I-130 petitions waiting for next week for new service center to start processing in Overland Park, Kansas. Hopefully all will see some movement soon.

[slvrfx576 15]

Thank you for your reply.

My wife moved to the UK to be with me the week she graduated college. I fear that she's never filed tax returnes because she never lived as an adult in the US and isn't particularly savvy on the processes there. I hope I'm wrong of coure.

Sorry to say, yes, you are wrong. She is a US Citizen, regardless of age or when she moved overseas, and as such is subject to the US tax code. Now that being said I don't want you to be afraid of what must be done. There is a generous "foreign income exclusion" which she can claim on her tax returns. In effect she will owe no US income tax on her UK income up to the amount of the exclusion which was $96,000 in 2012. But she does need to file, not just because it is the law....but also because she needs to show at least a 2012 US tax return when she files the I-864 (affidavit of support) for your visa application ! There are no penalties for filing late if there is no balance due...so if her income is below $96,000 you have no monetary concerns. Don't sit on this...get her to do it now ! She can file as "married filing separately" for the moment....this is usually not the best way financially...but you can amend it later to "married filing jointly" after you get here and get a US Social Security Number. BTW, do not, under any circumstances, let her file as "single" ! And don't waste any time now trying to get what we call an ITIN (individual taxpayer identification number) so that you two can file jointly....you can amend the tax return later when you get here as I wrote above.

Since your wife is here now, I would assume that she is taking care of the "Domicile" issue mentioned by another poster. She needs to prove that her domicile is here in the US. She has a job here so that is a good start. She should also have a NY driver's license or state ID. She should register to vote. She should have a home (lease agreement or ownership documents), etc. And have filed US income tax returns !

Good luck !

[JTiramani 0]

Should I have heard by now? If so, how do I find out if the letter was lost in the post etc?

Sent in May your petition maybe still sitting at NBC. Has your wife called USCIS to ask where her petition is? Is it at the local office. You say number is dead? Huh what do you mean dead?

What are the next steps that I can be taking the meantime? It seems that I want to follow the route where she fills out an I-864 (how do we do this with UK tax returns not US tax returns?), I fill out DS-260 etc etc..

Go here to the NVC filers thread read Post #1 so you know what to do at NVC. The other post addressed the tax return issue.

http://www.visajourney.com/forums/topic/451446-nvc-filers-september-2013/

Is an I-485 also something I need to fill out?

This does not apply to you. This is for spouses who live in the US.

Is this correct?

No see above.

I don't have an NVC case number so that seems problematic. Are these forms filed in London or in the States?

You aren't at NVC so you wouldn't have a case number. You must get approved at USCIS first.

Essentially I've spent so long going round in circles on the websites that I've confused myself and can't figure out what to do next, how long it will, how much it will cost etc.?

Right now many I-130 petitions waiting for next week for new service center to start processing in Overland Park, Kansas. Hopefully all will see some movement soon.

Thank you for your reply. By dead (regarding the phone number), the UK Consulate seems to have deactivated the phone number and email address used for enquiries regarding I-130 petitions. And none of the phone numbers they list on their website allow you to ask for an update.

It seems from other forums that I still just have to wait for my I-130, it's not actually that late.

Thank you for the advice regarding what my wife can do in New York. The tax issue seems to be the only one and doesn't seem TOO difficult/slash time consuming to sort out. Am I right in thinking that?