Questions before filing petition (split topic)

[steltefis 0]

Hi guys,

Planning on leaving to go back to the states with my long time girlfriend soon to be wife.

I have been living in the UK for 10 years, but haven't actually lived in the USA since 1994.

I am of dual citizenship (USA/Greek) which means I don't have to have a work visa to legally live in the UK, but can use my Greek ID card here.

The question I want to ask is, can I apply for a DCF here in London for my soon to be wife, and can we apply before the actual marriage happens (It will happen on the 27th of December).

All my family lives in New England, and the plan is to stay with them until we can get on our feet, while I would be working for my uncle and looking for a house to move into.

Any help would be great while we get all the info needed to apply for my wife's visa.

Steve

[steltefis 0]

Also in regards to my Greek Citizenship, I have worked and lived in the UK for the last 10 years with Greek Identification (ID) Card and not my EU passport as I use my Greek ID card to enter the UK.

Hi guys,

Planning on leaving to go back to the states with my long time girlfriend soon to be wife.

I have been living in the UK for 10 years, but haven't actually lived in the USA since 1994.

I am of dual citizenship (USA/Greek) which means I don't have to have a work visa to legally live in the UK, but can use my Greek ID card here.

The question I want to ask is, can I apply for a DCF here in London for my soon to be wife, and can we apply before the actual marriage happens (It will happen on the 27th of December).

All my family lives in New England, and the plan is to stay with them until we can get on our feet, while I would be working for my uncle and looking for a house to move into.

Any help would be great while we get all the info needed to apply for my wife's visa.

Steve

[lost_at_sea 995]

Hi guys,

Planning on leaving to go back to the states with my long time girlfriend soon to be wife.

I have been living in the UK for 10 years, but haven't actually lived in the USA since 1994.

I am of dual citizenship (USA/Greek) which means I don't have to have a work visa to legally live in the UK, but can use my Greek ID card here.

The question I want to ask is, can I apply for a DCF here in London for my soon to be wife, and can we apply before the actual marriage happens (It will happen on the 27th of December).

All my family lives in New England, and the plan is to stay with them until we can get on our feet, while I would be working for my uncle and looking for a house to move into.

Any help would be great while we get all the info needed to apply for my wife's visa.

Steve

You can't apply before you are married.

You will need to show you've been resident in the UK. You can do that by showing them you've had a lease/job there, plus you'll include your EU citizenship proof to show you're legal.

Go read about domicile requirements. You'll need to satisfy that for the I-864.

Edited November 27, 2013 by lost_at_sea

[steltefis 0]

Thanks for answer,

I had a feeling we could not apply before the marriage. Just wanted to be sure.

The plan is to live my uncle and aunt and work at their company when we arrive there. Will I need a sponsor or will my application with I-864 be enough that I will be working?

My wife will most likely be working there also.

You can't apply before you are married.

You will need to show you've been resident in the UK. You can do that by showing them you've had a lease/job there, plus you'll include your EU citizenship proof to show you're legal.

Go read about domicile requirements. You'll need to satisfy that for the I-864

[lost_at_sea 995]

Thanks for answer,

I had a feeling we could not apply before the marriage. Just wanted to be sure.

The plan is to live my uncle and aunt and work at their company when we arrive there. Will I need a sponsor or will my application with I-864 be enough that I will be working?

My wife will most likely be working there also.

It depends. Do you have enough money? You should read the I-864 and the instruction pdf for it. You need to show you make enough money, or have adequate assets. Earnings that will not be continuing when you move back to the USA do not count, nor does a promise of a job.

If you have no US income or assets, then you'll need a joint sponsor.

Edited November 27, 2013 by lost_at_sea

[Ryan H 3,801]

Posts split from pinned topic to thread of its own.

[steltefis 0]

Thanks once again.

OK that clears a lot up, we have plenty of family to sponsor us.

Do I need to be sponsored even though I'm a US citizen? Or just my wife?

That will be last question, Dont want to keep bothering everybody on the forums.

It depends. Do you have enough money? You should read the I-864 and the instruction pdf for it. You need to show you make enough money, or have adequate assets. Earnings that will not be continuing when you move back to the USA do not count, nor does a promise of a job.

If you have no US income or assets, then you'll need a joint sponsor.

[lost_at_sea 995]

Thanks once again.

OK that clears a lot up, we have plenty of family to sponsor us.

Do I need to be sponsored even though I'm a US citizen? Or just my wife?

That will be last question, Dont want to keep bothering everybody on the forums.

You don't need sponsoring. The foreign immigrant needs sponsoring. You'll still complete an I-864 as primary sponsor (petitioner) and your joint sponsor completes one too. Have you been filing tax returns? Edited November 27, 2013 by lost_at_sea

[steltefis 0]

I haven't lived in the States since i was 14. Which means I have never working in the US.

I was moved to Greece by my parents, and then moved to the UK for University and work.

Of course I am a US citizen by birth and I could not understand if I needed sponsoring with or without my wife coming back to the states with me.

The plan is we would live in a family members house for 2-3 weeks and then move into our own place.
I have closed my bank account which I had when I was kid at least 10 years ago also.

Thanks in advance for all the help, some of this stuff is very confusing and we want to be fully prepared!

You don't need sponsoring. The foreign immigrant needs sponsoring. You'll still complete an I-864 as primary sponsor (petitioner) and your joint sponsor completes one too. Have you been filing tax returns?

[lost_at_sea 995]

http://www.expattaxandlaw.com/us-citizen-abroad.html

[lost_at_sea 995]

I haven't lived in the States since i was 14. Which means I have never working in the US.

I was moved to Greece by my parents, and then moved to the UK for University and work.

Of course I am a US citizen by birth and I could not understand if I needed sponsoring with or without my wife coming back to the states with me.

The plan is we would live in a family members house for 2-3 weeks and then move into our own place.

I have closed my bank account which I had when I was kid at least 10 years ago also.

Thanks in advance for all the help, some of this stuff is very confusing and we want to be fully prepared!

It's not about working in the US. USCs are required to do tax returns, even abroad.

[milimelo 4,352]

Hope you signed up for selective service as well. All males have to register.

As a USC you also have to file taxes on all income.

[steltefis 0]

I know the USA And UK have a double taxation treaty.

So I never thought I would have to do tax returns for the USA since I haven't lived there in 19 years.

So I might owe taxes in the US for the last 7 years I have been working? And since I haven't done any tax returns I would most likely be penalized?
Even though I have paid my taxes in the UK for the last 7 years. I own nothing in the US, no car, house. I have never worked there or made any contribution to the US economy.

Might need to have a word with my parents who never told me I had to do tax returns in the states

It's not about working in the US. USCs are required to do tax returns, even abroad.

[lost_at_sea 995]

I know the USA And UK have a double taxation treaty.

So I never thought I would have to do tax returns for the USA since I haven't lived there in 19 years.

So I might owe taxes in the US for the last 7 years I have been working? And since I haven't done any tax returns I would most likely be penalized?

Even though I have paid my taxes in the UK for the last 7 years. I own nothing in the US, no car, house. I have never worked there or made any contribution to the US economy.

Correct. Although you may owe them nothing.

You might find these links helpful:

http://www.irs.gov/uac/IRS-Announces-Efforts-to-Help-U.-S.-Citizens-Overseas-Including-Dual-Citizens-and-Those-with-Foreign-Retirement-Plans

And

http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

Edited November 27, 2013 by lost_at_sea

[steltefis 0]

OK got all that,

One more thing, can my uncle and aunt be the sponsors? or just one of them? Of course they live together and have a pretty good income between them.

Correct. Although you may owe them nothing.

You might find these links helpful:

http://www.irs.gov/uac/IRS-Announces-Efforts-to-Help-U.-S.-Citizens-Overseas-Including-Dual-Citizens-and-Those-with-Foreign-Retirement-Plans

And

http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers