SCOREAU

26 minutes ago, Nitas_man said:

She has to fill out the support affidavit.  If they have nothing in their name I suppose she can settle in, go to work, and sponsor you later.  Not an issue with us, everything was joint and parked in the US.  Not sure how that is going to work in your case but you are definitely not ready for the medical and interview.

 

 

Yes. Once my wife sorts out her tax returns, I will then go ahead. It's all a bit skewed, but our way isn't a wrong way. I'd be foolish to sell up as it is, because if I get rejected ( which would be ridiculous, honestly ), I'd be stuck here and they would either come back or.....God knows! The secondary plan is catered for; staying here, and I'm not burning my bridges just yet.

33 minutes ago, Nitas_man said:

Assets in context of support affidavit generally apply to USC assets.  You referenced buying a house in your post.  We relocated from overseas, used liquid assets to overcome the affidavit of support hurdle, then bought a house.  That is one way but not the only way to do it.

 

Your IV case will be straightforward.  The hurdle to overcome when moving to the US from another country is the affidavit of support she has to file on your behalf.  That one is difficult to overcome as overseas income that will not continue when the USC moves back is counted as (zero) at the interview.  The choices are highly liquid assets (or) a joint sponsor.  This has to be sorted out before your interview.

 

My liquid assets are entirely based on sale of house, company pension available as soon as I retire, lump sum from pension. Alone, this is way over the poverty level ( liquid assets available within 1 year ). Add to that, another pension and lump sums I am entitled to next September when I'm 55. I have a house value quote, and already sold it a while back before pulling out because of delays with this visa etc. It is all way over the poverty level. I can prove my pensions, house etc.

Tbh, if I am considered a potential liability, despite my assets, clean record and 36 years of employment, then I'll stay here. Besides that, my wife and daughter could just move there tomorrow, despite having nothing in their name, in terms of assets. Not that I want that, obviously, hence keeping everything open in UK.

39 minutes ago, Nitas_man said:

Assuming she has a SS number she can quickly file her past tax returns.  Probably limited to married filing separately status but foreign earned income exclusion ($100k+) should overcome any need to pay past taxes.  

 

Suggested to use PWC or another tax firm and have them file all 3 years electronically.

 

As to the support affidavit:  Opening accounts and transferring assets to the US  fall under “intent to domicile” and cash assets of 3x the difference between continuing income and required income will meet the sponsorship requirements.

 

The medical exam expires.  I would at a minimum put off the medical until taxes are filed, assets are transferred, and affidavit requirements are satisfied.  We always set up the medical as the very last step after everything else has been submitted and accepted.  One time we got approved too soon and delayed the medical only for about 4 months while I finished up an overseas job.  No penalty, no issue.

The plan is for me to only sell the house if I get accepted. It even says on the forms. Therefore, until I get accepted ( or not ), the assets are here and I carry on in my job. Your answer about assets transferred doesn't come into it at present 

Thank you in advance for any advice offered on this one. My wife is a us citizen who has lived in UK with me and our daughter ( born in USA but lived here virtually all her life ). I have gotten to the medical stage  and have all the paperwork required, apart from one thing: my wife has never submitted her tax returns since being here, but has only been working for the past 3 years here, until she resigned last month ). She is going to do an amnesty submission but this looks like it'll take a while, judging by what I've read online. They are planning on flying out very soon, and living in the house that we are buying from her brother, finding a school, and 'settling in'.

I'm concerned because once a medical is done, one would usually have the interview soon after but I can't until she has sorted out the tax returns etc. My question is, would it be best to go ahead with the medical or delay because I haven't got the required tax paperwork for my spouse re the i864 which I need for the interview? 

My wife is desperate to move back to USA, and I'm doing all I can to make it happen ( sell house, retire early and use assets to satisfy the poverty level etc ,) but this element has put the handbrake on, and I am a bit lost on it now. I booked the medical only to keep the wheels moving but as there is probably going to be a measurable delay re the tax return problem, I'm thinking there's no point doing now.

Add to that, they are planning on staying there, so I will be here and they'll be in USA. They will have return tickets just in case my daughter reacts badly to the move.

Here goes. My wife is a us citizen living here in UK with me and our daughter for 12 years. I am having a medical in 2 weeks and then the interview. Most stuff is covered, apart from my wife having not submitted her IRS tax returns for the past 3 years when she has worked. This question appears on the i864. She has her P60s for the 3 years, but she is having difficulty understanding the process. Anyone else who has had this come up?

My wife is American citizen living here with me in UK, and our US-born daughter.

I have to supply an i864 for the interview, and on it she will be sponsoring me to move there. It will be based on assets of house sale and my pensions/investments. Anyway, do I have to file an i864 A as well as an i864?

Secondly, if house proceeds will be used how do I show it's projected value?

1 minute ago, SCOREAU said:

Thanks. What a palaver it all is - unless you're jumping the border, courtesy of a George Soros handout. It's all a big royal pain in the butt, really - and no healthcare, sub-tropical temperatures, a country in political/social turmoil and a border with massive holes in it. Apologies for all my world -  weariness. I appreciate all the great advice nevertheless.

37 minutes ago, Lemonslice said:

You can live in the UK, and still be considered a US person for tax purposes. Taxation is even more complicated than immigration. Again, no one here can say for sure how your whole situation will affect your taxes.  

 

For example, one of the factors:

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Thanks. What a palaver it all is - unless you're jumping the border, courtesy of a George Soros handout.

8 minutes ago, SCOREAU said:

But if I leave the majority of my savings in uk, how will they know? It's all getting worse by the minute. I don't want to move there and be shafted tax-wise when I could remain here and not be charged on the money gained through a house purchase. I probably see it all too simply, but employing tax professionals and all that isn't my idea of chilling out in the usa and having a quiet life with just the labours of 36 years of work under my belt.

Hold on. The house sale would be before I moved there anyway.

On 6/19/2019 at 5:12 AM, US-UK said:

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. 

But if I leave the majority of my savings in uk, how will they know? It's all getting worse by the minute. I don't want to move there and be shafted tax-wise when I could remain here and not be charged on the money gained through a house purchase. I probably see it all too simply, but employing tax professionals and all that isn't my idea of chilling out in the usa and having a quiet life with just the labours of 36 years of work under my belt.

6 minutes ago, SCOREAU said:

The property is in my name. I'd just leave the money in a uk bank account, then.? I won't be wanting to paying tax on it.

So, here I don't get taxed but there I would on my house sale? It gets worse by the hour!

1 hour ago, US-UK said:

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. 

The property is in my name. I'd just leave the money in a uk bank account, then.? I won't be wanting to paying tax on it.

19 minutes ago, kris&me said:

rubbish jobs still require a W2 and tax returns

 

I told her what she needs to do, and she's onto it.

37 minutes ago, Lemonslice said:

I'm not a tax professional, but my understanding is that she was required to file.  No matter where she lived, the IRS considers her a US person. Most probably will not have any taxes to pay, but required to file.

 

You might want to discuss the specifics of your situation with the IRS and/or an accountant well versed in international taxation.

I told her about it. She's tired of my talking about it, so I feel content in the knowledge that at least I am busting a gut to do everything I can and can't be accused of not doing my chunk of it. You cold say the ball's in my wife's court, now. Thank you for your help. It's appreciated.

Just now, SCOREAU said:

You'll have to excuse my stupidity. It keeps referring to her living there but she lives here and asks questions about filing separately and whether we provided half of our support for 2018? I'm lost on it.

She says she earnt £10,700 gross for 2018, so about 13375 dollars based on a 1.25 rate.

4 minutes ago, Lemonslice said:

How much did she earn (approx. In USD)? It's not just "low income", there's an actual amount defined by the IRS.

 

See https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

 

Filing married separately, 2018 filing requirements for most people is only $5 USD.

You'll have to excuse my stupidity. It keeps referring to her living there but she lives here and asks questions about filing separately and whether we provided half of our support for 2018? I'm lost on it.

1 hour ago, Villanelle said:

@SCOREAU  You are a bit confused about a few things. The 864 requires you to ANSWER if you have filed tax returns. If you didnt and you were REQUIRED to then its a problem. From what you stated she was not required to file tax returns so she is exempt from providing them. There are many threads on VJ on how to craft a letter saying you were not required to file taxes. Use search if you need to find them. The requirement is to answer the question and to provide them if they were filed. You are going to be fine in that aspect. 

 

Typically that statement is attached to the 864. It seems you are doing DCF (direct at the Embassy) so your process is a bit different then the standard CR visa route. If you havent created such a letter about the taxes do it to bring to the interview to attach to the 864 if they want it. Also mimelo already advised you that if you dont have something they will give you time (1-2 years if needed) to get it. Do not stop the process or you will have to start all over again and it might not go so quick next time. 

Will the letter basically state that she was on a below threshold income and provide her p60 ( yearly income details from her employers etc )?

1 hour ago, Villanelle said:

@SCOREAU  You are a bit confused about a few things. The 864 requires you to ANSWER if you have filed tax returns. If you didnt and you were REQUIRED to then its a problem. From what you stated she was not required to file tax returns so she is exempt from providing them. There are many threads on VJ on how to craft a letter saying you were not required to file taxes. Use search if you need to find them. The requirement is to answer the question and to provide them if they were filed. You are going to be fine in that aspect. 

 

Typically that statement is attached to the 864. It seems you are doing DCF (direct at the Embassy) so your process is a bit different then the standard CR visa route. If you havent created such a letter about the taxes do it to bring to the interview to attach to the 864 if they want it. Also mimelo already advised you that if you dont have something they will give you time (1-2 years if needed) to get it. Do not stop the process or you will have to start all over again and it might not go so quick next time. 

I am a mite confused, partly because I am filling out all the forms and get little help from my better half! Lol. So, she is here in uk with me, and I looked at the form and she would answer no and do a covering letter in which she would say she has worked for the last 3 years on a low income and didn't have to declare. She would then need to submit her last 3 years P60s with it to prove it, because it says provide evidence which I assume would be her pay details rather than merely declaring without documentary evidence? Thanks for your help. This site is really helping me.

1 hour ago, Villanelle said:

@SCOREAU  You are a bit confused about a few things. The 864 requires you to ANSWER if you have filed tax returns. If you didnt and you were REQUIRED to then its a problem. From what you stated she was not required to file tax returns so she is exempt from providing them. There are many threads on VJ on how to craft a letter saying you were not required to file taxes. Use search if you need to find them. The requirement is to answer the question and to provide them if they were filed. You are going to be fine in that aspect. 

 

Typically that statement is attached to the 864. It seems you are doing DCF (direct at the Embassy) so your process is a bit different then the standard CR visa route. If you havent created such a letter about the taxes do it to bring to the interview to attach to the 864 if they want it. Also mimelo already advised you that if you dont have something they will give you time (1-2 years if needed) to get it. Do not stop the process or you will have to start all over again and it might not go so quick next time. 

I was under the assumption that she still had to file even if just to show she didn't earn enough. Do I need to bring proof of her income for the part time work in the past 3 years, or does she just put she wasn't required because she has been earning less than the threshold, and do a covering letter stating this? Does it involve providing proof or simple declaring that she was on a low income, then? Would've been just as easy to say she was a housewife still.......

53 minutes ago, David - USA 2019 said:

Tks a lot! My case is similar, living abroad with my US citizen wife and our 2yo little daugther. But we are still waiting for the I-130’s approvals. Tks again and good luck for us all! 👍🏻🙏🏻

Good luck.

1 minute ago, kris&me said:

and didn't earn enough to pay taxes prior to that (in the usa ). 

 

didn't earn enough to pay taxes?????

taxes are withheld from our paychecks and the reason to file when a person does not make much is to get the refund

but since she owes student debt , more than likely any refund due would have been kept to pay this debt

 

 

She lived with her mum, and was in and out of rubbish jobs. When she came here with our daughter, I was able to provide for her and she was a stay-at-home mum. It has only been in the past 3 years that she has worked part time, to help us out as our finances were strained by some commitments I had which are about to end. We have arrived at a point where we are financially stable , which is a big relief, to me at least. We could move to a big house, I could retire in a year and we would have a good life in the uk as it is. I am pursuing all this for my wife's sake, but open to the move because life's too short to not take risks in life sometimes - although being cautious has served me very well till now, I have to say.

13 minutes ago, Boiler said:

I appreciate that, how the US treats it as the US taxes you on your worldwide income, now there are credits etc but like I say it is complicated.

I am only too aware of possible complications. HMRC said I should be okay, but I know that IRS are difficult to deal with, and might be an issue., based on stuff I've read. I haven't really researched that aspect, but merely felt safe in the knowledge that my pensions will have already been taxed at source by the UK government. Any lump sumsvI have, as part of my tax free pensions allowance are only what I'm entitled to under uk law. I'm not sure where we stand with the money from the house and taxation, and wouldn't want to be in a scenario where they would be taxing me on that as well! I'd rather leave it in uk if that was the case. Advice on that aspect would ve very welcome.

2 hours ago, David - USA 2019 said:

Very good! I have a question. Tks for the attention. At the NVC stage, they did not ask you about these financial docs? They sent you direct for consulate interview? At the NVC you only made the DS visa procedure? Tks again!!!

When it's all done, I will do a video of it all, to help others. It is a complicated process, and I think it's designed that way on purpose. Still, it keeps the mind active and is a rite of passage. First off, I did the i130 and i130a in jan/feb. After about 2 1/2 months, my case was approved and passed to the us embassy. I got a case no. soon after, about 2-3 weeks. I then submitted the ds-260 about 5 weeks ago, and log in fairly regularly just to check. I have to arrange a medical date which I will do this week. I have had my vaccinations done via my GP, and have the other stuff I need for the medical. I was told I can arrange an interview date once I have my medical date, and allow a few days for the medical etc results to be passed over. I then have to provide all my other documents re the ds-260, i-864 when I get interviewed by a consular official. I am aware that my interview might be a bit longer as they can only give me an appt based on what's available when I request one.

By the way, I have to bring all my documents to the interview, as not being dealt with by NVC.

2 hours ago, Boiler said:

You may wish to look into the tax situation, it is complicated.

I checked with HMRC and they said as I'm taxed in UK, I would be okay, because the money I get will already be taxed at source.

2 hours ago, milimelo said:

Kids are covered until 26 - Obamacare change. 

Thank you. That helps.