If you can settle for Typhoo, Tuesday Morning sells it for less than half the price of the PG Tips we were buying at our local supermarket. Cost Plus World Market also sells some British staples. I checked and both seem to have a few stores in/around Denver. Carry on all important documents, including income, bank and investments if not available online (if you will need them for FBAR/Fatca). I don’t know the laws of your state on the driving thing, but where we are, my partner (on an O1, not K1) was allowed to drive for 1 year with his non-US license before taking the permit and road tests to get a local DL. Also, think about bringing or shipping over things for your new home to make it yours, like old photos you can’t easily reprint here or a small piece of artwork. I think it is worth the expense to have a bit of your history and memories in your new space.
Wow, thanks for the sympathy.
I am using him as an illustration because he LITERALLY told me I was "acting up" and when I broke it off, he decided he was going to win me back. He came over here to visit in person and try to convince me I was making a mistake. Isn't this what the OP is thinking about?
Why do you even care what I am saying about my ex? It isn't "dragging" to call him out for the monster that he was. He made my life hell for many, many years by wearing me down, again and again and again. If you want to call me weak, that's fine. I was young and impressionable. I'm not so much now.
I recommend you join this forum to discuss the UK visa process - it's full of very knowledgeable people like here who can advise on the applications etc
i will leave out my opinion on your fiance not wanting to read and research.... this entire process is ALL reading and researching and it doesnt seem right that he is making you do all of it and finding answers. guess i didnt leave my opinion out of it, eh?
you will more than likely need a joint sponsor.
if he is working two jobs when will he have time for you when you arrive? probably better to find one job that will support the two of you. life here is not cheap and you will not be able to work for a long time.
I mention it because most countries have a residence-based system and many people assume that they only need to report tax where they are actually present at the time. Nowhere did I accuse you of trying to cheat. You might also have taken it as a friendly suggestion that it could make tax sense to sell before getting the green cards, which I wish someone had warned me about. Have a nice day.
Yes. There is no “process”, they enter and leave again.... Preferably don’t stay out longer than 6 months, but you are allowed up to a year out without losing your green card. Don’t do it repeatedly, one long absence to tie things up is understandable. That said, if it is a family based visa they must have known for ages it was coming (unlike say a diversity visa where everything happens pretty fast). Strange they still need so much time to tie things up? Anyway...
Remember they are green card holders from the day they enter on their immigrant visas so if they do any work etc during their time back it must be declared on their next irs tax return. Similarly, any gains made on assets sold after they become LPRs must be declared on irs return and are potentially taxable depending on tax treaty, different tax rates etc (I’m assuming they have assets to sell if they need so long to tie things up)
From what I see, capital gains won't apply as the gain won't be that high (I wish it was!). However, there is a tax in the US when you sell a property which relates to the difference in the mortgage value on the date the mortgage was taken out, and the mortgage balance on the date the property was sold (both converted from pounds to dollars). This difference is taxed by the US (I only recently heard about this), and it's this that I'm concerned about and trying to determine if I'll have to pay it, and what the tax rate would be.
Where the proceeds sit is immaterial. If you are a US tax resident at the time of sale, the sale is a US taxable event.
Talk to tax professionals before you move to maximize your tax efficiency now and to understand what accounts, in what order, in what amounts you should pull from in the future.
We are lucky that our employers pay most of the bill to have our US, UK and EU taxes prepared by large firms with global expertise. But the planning advice (x2 hourly rates to have both the US and UK advisors on our calls), and the “unusual circumstances” that our companies won’t cover (like declaring the UK trust to the IRS), routinely cost us a several thousand dollars out of pocket each year.
Your kids are USC and they can go to the US whenever they want. You will not get an expedite because there is absolutely no reason for it. Stop trying to use your kids to play the system and wait your turn.
I would start by deciding where you want to marry and what the requirements would be to marry, obtain a license, who carries out the wedding, how you then get a marriage certificate, who you want to invite to your wedding and can they get there etc etc.
I apologize in advance for being pedantic: Canadian-born American Indians (with at least 50% Aboriginal blood) are also guaranteed entry. This right is guaranteed by federal statute (8 U.S.C. §1359) and the federal court case Akins v. Saxbe, 380 F. Supp. 1210 (D.Me. 1974). They also can't be deported. The name of the U.S. court case which establishes this right is Matter of Yellowquill, 16 I. & N. Dec. 576 (B.I.A. 1978).
Where the proceeds sit is immaterial. If you are a US tax resident at the time of sale, the sale is a US taxable event.
Talk to tax professionals before you move to maximize your tax efficiency now and to understand what accounts, in what order, in what amounts you should pull from in the future.
We are lucky that our employers pay most of the bill to have our US, UK and EU taxes prepared by large firms with global expertise. But the planning advice (x2 hourly rates to have both the US and UK advisors on our calls), and the “unusual circumstances” that our companies won’t cover (like declaring the UK trust to the IRS), routinely cost us a several thousand dollars out of pocket each year.
As a caution on the US/UK tax issues: We ended up with US tax liability on selling our house in Europe and paying off the mortgage due to currency fluctuation creating a taxable gain. Also be careful if you have things like UK trusts (which must be reported and may be taxed in the US) or decide to rent out your UK home instead of selling (which requires non-resident landlord paperwork and an annual HMRC self-assessment).
You will be well served (but potentially shocked at the cost) to engage a very good tax consultancy with both UK and US experts on staff.
As a caution on the US/UK tax issues: We ended up with US tax liability on selling our house in Europe and paying off the mortgage due to currency fluctuation creating a taxable gain. Also be careful if you have things like UK trusts (which must be reported and may be taxed in the US) or decide to rent out your UK home instead of selling (which requires non-resident landlord paperwork and an annual HMRC self-assessment).
You will be well served (but potentially shocked at the cost) to engage a very good tax consultancy with both UK and US experts on staff.
Maybe they took the children thinking it would be good evidence of a bona fide marriage. It has been asked here before many times and I know of one forum where the chief moderator actually recommends that people have children together to “prove a bona fide marriage” (yep, they actually use the word “prove”).
Just like the couple who sent pictures of themselves to USCIS having sex to “prove” the
relationship was genuine...
serial adjective [ not gradable ]
US /ˈsɪər·i·əl/
happening one after another in time or order.
You can be offended by whatever you choose to be offended by - but the dictionary definition of ‘serial’ is one after another...which is exactly what you’ve posted about. If you want help, getting honest and accurate answers really is the best thing you can hope for, regardless of whether you like them.
How irresponsible of you to try to adjust illegally and choose to let your kids (and yourself) be a danger to BABIES and those who CANNOT get those vaccines. I hope they turn you away on the spot.
Right, I have had a cup of tea, and some chocolate (proper english dairy milk, natch, not that horrid hershey rubbish you get over here), so here is some potentially useful info for you.
I suggest you also get a cup of tea, as this is a long one......
As one of the few on here who has unfortunately experienced a denial, and is still going through this hell in some form, I can offer the following advice, with the caveat that I am not an immigration attorney.
Firstly, don't panic. Yes it is a scary letter. I was a f***ing suicidal mess when I received one, and spent three days initially without any sleep whatsoever reading every single thing I could possibly find on the legalities of this stuff, which served me very well, and I can hopefully help you out now too, as I have learnt a lot more in the time since.
All is not as it appears... USCIS have no authority to formally terminate your status. Yes, you heard me. Only an immigration judge can formally terminate your LPR status, in court, and issue a final order of removal at which point your status is terminated for good. You currently remain a conditional LPR (with caveats). The law does sort of contradict itself in some respects, but between an I-75 denial and a final order of removal, you remain a LPR with the right to work.
You are also entitled to proof of status in the form of a stamp. This is backed up by case law and also clarification by USCIS and the EOIR as you will read below. DO NOT LEAVE THE US UNTIL YOU HAVE A STAMP - not Mexico, not Canada. You are in a world of hurt if you do so...and it will be a lot harder for you.
The general standard process of denial, and process for revocation of status and an order of removal is:
Denial letter (or notice of intent to deny) --> NTA (notice to appear in court) ---> court date ----> upheld/overturned --> appeal if upheld --> final determination and final order of removal.
Now, an NTA can take years to appear. The immigration courts are so backlogged, and these cases are low priority vs asylum or other deportable or criminal aliens. So you could continue with this stamp for as long as necessary, but it is no way to live, so there are things you can and should do to protect yourself.
So, file an I-751. Prepare the I-751 exactly as you would normally, filling it out correctly, making sure you both sign it, and get it sent in, I suggest by fedex overnight as it is very secure and properly trackable. I would suggest you to get this sent in the next day or so if possible - time is of the essence at this moment. Amassing every bit of evidence can wait until later, just get it in with the main bulk of evidence you already have.
The most important thing is with this I-751, is that you MUST enclose a letter stating the reason for failing to file your I-751 on time, and why you are filing late at this time. Don't bother with a full contents list of evidence and all that rubbish - just a simple, clear and to the point letter, stating why it is being filed late, and enclosing the main bulk of evidence you already have, should suffice.
As long as you enclose that letter. It *should* be accepted, you will receive the receipt/extension notice, followed by the usual biometrics appointment. If you have any letters, say from a Dr or shrink at that time signing you off work, or stating you were depressed/medicated due to grief, then that only strengthens your case.
I would say the death of a parent while pregnant is a pretty real and valid reason IMHO.
As soon as you receive the extension letter, go to an infopass and obtain an I-551 stamp, showing them the letter, and stating that you require unambiguous proof of status, which is clarified below, taken from USCIS https://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf
"If an alien’s conditional resident status is terminated because he or she could not timely file a Form I-751, and he or she is placed in removal proceedings, then he or she may request a continuance from the immigration judge to allow for the finalization of the divorce or annulment proceedings. It is noted that the conditional resident whose status has been terminated should be issued a temporary I-551 during the pendency of his or her case before the immigration judge (see Genco Opinion 96-12)."
And Genco Opinon 96-12 itself:
""Genco Opinon 96-12 - Status of a conditional permanent resident after denial of I-751 during pendency of review by EOIR
August 6, 1996
Status of a Conditional Permanent
resident after denial of I-751 during
pendency of review by EOIR
Office of the
General Counsel
I. QUESTIONS
The Benefits Division requests a legal opinion concerning the following questions:
1) What is the status of a conditional permanent resident after his I-751 has been denied by the director and his case is under review by the EOIR? Is the alien entitled to an I-551 stamp, adapted to show that his case is pending? Is the alien entitled to any other benefits associated with legal permanent resident status?
2) If an Order to Show Cause has not been issued, what is the alien's status and what documentation is the alien entitled to possess?
II. SUMMARY CONCLUSION
The director should issue the Order to Show Cause at the time he or she provides written notice to the alien of the decision to deny the Form I-751.
Strictly speaking, a conditional permanent resident whose Petition to Remove Conditions on Residence (Form I-751) has been denied by the director is no longer a lawful permanent resident, as of the date of the director's notice of termination. However, because the alien has a right under statute and regulation to request review of such determination in deportation proceedings, the conditional permanent resident whose status has been terminated should be issued a temporary I-551 during the pendency of such review. INS should not approve any Petition for Alien Relative (Form I-130) filed by the alien on behalf of another alien during the pendency of such proceedings.
III. ANALYSIS
Section 216 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1186a, provides that an alien spouse who is granted permanent resident status by means of marriage to a United States citizen which took place less than two years earlier shall be granted such status on a conditional basis. Unless otherwise specified by the statute or regulations, an alien granted permanent resident status pursuant to section 216 enjoys the same rights, privileges, responsibilities, and duties as other legal permanent residents. 8 C.F.R. § 216.1
The conditional basis of residence is removed via the approval of a Petition to Remove the Conditions on Residence (Form I-751) filed by the alien and spouse within 90 days before the second anniversary of the date on which the alien obtained lawful admission for permanent residence. The director of the regional service center has been delegated sole authority to adjudicate the Form I-751. 8 C.F.R. § 216.4(c). Where the director finds derogatory information pertaining to the validity of the marriage, he or she must offer the alien the opportunity to rebut such information. Id. If the alien is unable to overcome such derogatory information, the director ''may deny the joint petition, terminate the alien's permanent residence and issue an order to show cause to initiate deportation proceedings.'' Id. (emphasis added). Moreover, if the director proceeds to deny the Form I-751, he or she must provide written notice specifying the basis for the denial to the alien ''and shall issue an order to show cause why the alien should not be deported from the United States.'' 8 C.F.R. § 216.4(d)(2) (emphasis added). This regulatory language clearly provides that once the director denies the joint petition and terminates the alien's permanent residence, an order to show cause must follow.
The regulations further specify that the alien's lawful permanent residence status is terminated as of the date of the director's written decision. 8 C.F.R. § 216.4(d)(2). As of the date of denial, the alien is ''instructed to surrender any Alien Registration Receipt Card previously issued by the Service.'' Id. Accordingly, an alien whose Form I-751 has been denied has no status as a conditional permanent resident and is not entitled to an Alien Registration Receipt Card. Therefore, in light of the termination date of an alien's lawful permanent residence, and the gap that ensues if an order to show cause is not issued, failure to timely issue the order to show cause leaves INS vulnerable should an alien file an action in mandamus to compel performance of that requirement.
Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits.
However, because an alien whose Petition to Remove Conditions on Residence has been denied by the director is, strictly speaking, no longer a lawful permanent resident, the Service should not approve any Form I-130 filed by such an alien after issuance of the termination notice, but before resolution of the deportation proceeding. 8 C.F.R. § 216.4(d)(2). Nonetheless, as final termination of the alien's lawful permanent resident status is subject to review of the director's decision in deportation proceedings, we advise that if an alien in this situation does seek to file a Petition for Alien Relative, the Service should accept the petition as filed, but not adjudicate it pending conclusion of the deportation proceeding. Thus, if the alien recovers lawful permanent resident status in the deportation proceeding, the Form I-130 could be approved based on the priority date established when filed. Similarly, should the alien prevail before the immigration judge, the restoration of lawful permanent resident status would relate back to the date of termination. Thus, the period from the date of the director's notice of termination and the date of restoration of status would count as time accrued for purposes of eligibility for naturalization. Cf. INA § 216(e), 8 U.S.C. § 1186a(e)."
Still with me? Good. Get yourself another cup of tea.
Within a couple of days of receiving my scary denial letter, I had sent a new I-751, and I then received my receipt, then biometrics letter, and I went to get a stamp. Since then, I have left and returned to the US multiple times, with no issue - bar a quick and polite visit to secondary each time to verify my status (as my stamp is annotated with 'TC-1' , telling them it has been denied/re-opened). I am awaiting my citizenship interview now, which unfortunately has been delayed slightly due to this.
To date I have had no NTA, and when I call the automated line, it shows nothing. The phone line is 1-800-898-7180. Have your A# to hand, and use the automated system, which will tell you if an NTA has been issued or there are any proceedings underway.
My suspicion is that if you file quickly enough (and within the 30 days allowed for an I-290B to be filed), it stops the file being passed to the courts for an NTA. As yours is a very recent denial letter, you stand a good chance of this also happening to you.
Even if you do receive an NTA, any proceedings would be immediately stayed (paused) with a still-pending I-751 (which is why you must file it). This will be adjudicated on its merits and the evidence provided, without prejudice.
But ultimately my point is, DON'T PANIC....all is not lost, you have rights, and you won't be sent on the next plane home, or arrested in the street. Just get that 751 in asap and see what happens then.
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