bmorgz

2 hours ago, iwannaplay54 said:

FBAR terrified us working overseas.  The penalties are steep.

Intent to establish US residence is another hurdle.  Job hunting is one thing on the list.  It’s typically advised to open a US bank account and start moving assets over.  Is there somewhere in the US you can temporarily address to?  Family member?  We used my parents once and my brother another time for this.

I'm currently living in the US and have a bank account and job and everything. The job offer is what got our I-130 accepted, and we are currently in the stage of waiting to schedule my husband's interview. He is still in the UK. I did lots of research last night on dual nationals (especially dual nationals who have lived away from the US since they were minors) and it seems my issue is quite common. I've scheduled and appointment with a tax professional to help me backfile my taxes for three years and it turns out there are leniencies for dual nationals in regards to FBAR. Hoping it all works out.

59 minutes ago, iwannaplay54 said:

Oh you may not have owed taxes but you assuredly had to file.

I hope you haven’t (ever) been keeping more than $10k in your UK bank account.  The penalties for not complying with FBAR are brutal.  FBAR is the number one reason for people to dump their US citizenship.

 

Your income in the UK is (zero) for immigration purposes however if you are doing an intra-company transfer it will count as long as it continues from the same source.

It's a new job so it won't be an intra-company transfer. I am going to schedule an appointment with a tax professional to see if I need to backfile, otherwise I have found this advice which gives me confidence there will be lenience for my case and I can file I-864 with either an explanation or my backfiled tax returns: 

If you’re a U.S. citizen abroad and have never filed a tax return, you can relax. The IRS built in a safeguard for honest expats who truly didn’t know they had to file. You can get caught up penalty-free with Streamlined Filing Compliance Procedures. To qualify, you must:

- Have lived in a foreign country for at least 330 days during one of the last three years

- Confirm it was a genuine mistake you failed to file your U.S. tax return and FBAR

(Really just had such a huge panic attack, had no idea that I needed to be filing in the US because I have lived in the UK since I was a minor and my parents didn't know I needed to be filing either. So worried I cannot believe it.)

2 minutes ago, iwannaplay54 said:

Oh you may not have owed taxes but you assuredly had to file.

I hope you haven’t (ever) been keeping more than $10k in your UK bank account.  The penalties for not complying with FBAR are brutal.  FBAR is the number one reason for people to dump their US citizenship.

I have not had more than 10k in my UK bank account, thank goodness so I should not have to struggle with FBAR. Do you have any advice for backfiling? I cannot believe I never knew this, I'm so worried.

1 hour ago, bmorgz said:

I am a US/UK dual national, and I have worked in the UK for my entire adult life. I am filling out the I-864. I was offered a job in the US which is why I am moving myself and my spouse and filing under exceptional circumstances, so I do not have a history of working in the US and have never had to file taxes in the US. I have ticked the box on the I-864 that says: "I was not required to file a federal income tax return as my income was below the IRS required level and I have attached evidence to support this."

 

As I have never filed taxes in the US, I don't have evidence to support this. What do I do in this situation? Do I provide my tax returns from the UK? 

 

I make over the minimum required amount on the poverty guidelines to support my household, but am still filing with an extra sponsor for safety. Our additional sponsor does have a tax return history - could this help? 

EDIT: Have since read some dual citizen posts and learned that I will need to backfile! Any advice or help on that also appreciated.

I am a US/UK dual national, and I have worked in the UK for my entire adult life. I am filling out the I-864. I was offered a job in the US which is why I am moving myself and my spouse and filing under exceptional circumstances, so I do not have a history of working in the US and have never had to file taxes in the US. I have ticked the box on the I-864 that says: "I was not required to file a federal income tax return as my income was below the IRS required level and I have attached evidence to support this."

As I have never filed taxes in the US, I don't have evidence to support this. What do I do in this situation? Do I provide my tax returns from the UK? 

I make over the minimum required amount on the poverty guidelines to support my household, but am still filing with an extra sponsor for safety. Our additional sponsor does have a tax return history - could this help? 

On 1/19/2023 at 8:19 AM, Satinpajama said:

Hey! Did you request a DCF by using the online form for exceptional circumstances? Is this the first step?

Yes, exactly! They replied very quickly to my email. 

On 12/20/2022 at 6:03 PM, Andrew+MM said:

The I-864 minimum requirement is dictated by the poverty guidelines, and is more like $22K for a 2 person family. If you can't meet that bar, then assets and your joint sponsor should get you over the line.

This is very helpful, thank you! I think perhaps my misunderstanding came from other posts where people had to prove with assets! 

I am wondering if you could give me insight on something else. I am a dual citizen US and UK and my spouse is a UK citizen. I have spent the majority of my working life in the UK and have never earned enough to file taxes in the US. All of my taxes have been filed in the UK. I am currently filling out I-864 and the guidance on Item Numbers 23.a. - 25. Federal Income Tax Return Information say: Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal individual income tax return with the United States Government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

Does this mean I should provide my previous tax returns and payslips from the UK with the I-864. I am filing under DCF with exceptional circumstances due to job relocation. The guidance around future income states: You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary.

I have a job offer with salary attached, which is what I plan to provide for evidence of my earnings. Will this be enough?

On 12/20/2022 at 6:03 PM, Andrew+MM said:

The I-864 minimum requirement is dictated by the poverty guidelines, and is more like $22K for a 2 person family. If you can't meet that bar, then assets and your joint sponsor should get you over the line.

Oh wow thank you for this! I thought it was 60k from what I saw posted from other users but perhaps they were using assets. Thank you! Now I know we don't need an additional sponsor.

Hello! I had my I-130 (spouse petition) interview in London last week and was approved on the spot. As I am relocating to the US for work, I have to leave to fulfil my role in two weeks. Before I leave, I want to do everything I can to make sure that my partner has what he needs for his interview when it comes round. I haven't been able to find a definitive list of forms and evidence that I need for his interview, so this is what we have prepared so far. Please let me know if there is anything I have overlooked or misunderstood. (Note: We are applying for a CR1 Visa as we have been married for under 2 years.)

1. I-864, Affidavit of Support (Financial)

I have some questions about this. My job does not meet the minimum requirement for sponsorship (as far as I understand, the minimum is $60k per annum, I will be making $42k per annum) therefore my mother, who makes beyond the required minimum, will be our joint sponsor. I wasn't asked anything about this in the 1-130 process so can we just submit the I-864 form without providing this information prior? (Assuming I would have to submit an I-864 and my mother would have to submit an I-864 as well?) 

2. ACRO - Police Certificate (which we are applying for now despite now having the interview booked in yet)

3. Medical examination (Which we will book when we hear back)

This seems like a very slim pack of information at the moment, in contrast to the I-130 where I managed to absolutely fill a binder to breaking point full of evidence (half of which they didn't use lol). I must be missing some crucial form or evidence - but can't find a checklist for this specific interview like the I-130. All help appreciated - thank you!

1 minute ago, Andrew+MM said:

Ok, I'll jump in here but since I am not a lawyer or a consular officer, please take my thoughts as an opinion. I have been through the spousal visa process twice before so I have a little experience.

 

I would say that calling your property/mortgage payment rent is a red flag or at the very least something that will trigger follow-up. Rent gives the impression of something temporary. If you are contributing to the mortgage then say that. Drawing up a tenancy agreement would draw the same suspicions. All IMO of course.

 

The evidence you have is a little light. Do you file taxes together as a married couple? Do you have any joint bank accounts?

 

You may have to back it up with some photos or anything else which shows that you live together and are a couple.

 

Again, just my 2c. 

All opinions very welcome! I am glad I asked because I agree, the word "rent" was not the right one to use - it is my word and what I mean by it is an equal contribution toward mortgage, bills, and and utilities every month! My husband and I do have a joint account and I have printed the statements from that account to prove that we both contribute to that account and have a savings account between us in that account as well. Do you think I should have something written that explains that I am not on the deed, but do contribute to living costs or is it better to just show that my husband owns the house, supply the bank statements and my proof of residence and then explain if asked? 

Thank you for your help!

11 hours ago, bmorgz said:

EDIT: I say I pay "rent" but this is just my bad choice of words and the word I use for it - it is half of an equal contribution toward mortgage, bills and utilities every month. I have not been put on the deed because we were hoping to move house soon anyway so didn't think it would be worth doing it if it was only for a short time. (Thank you for the tips on how using the words "paying rent" in reference to my husband is a red flag!)

Hello! My I-130 petitioner interview is coming up and I am second guessing if I have enough evidence to prove that my husband and I live at a shared address. The official I-130 guidance for this is:

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

(1) Documentation showing joint ownership of property;

(2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together;

When I moved in with my husband, he already owned his house and I have been paying him rent directly ever since. We did not set up a contract for this, but as part of the evidence, I have included his bank statement which shows a bank transfer of the agreed rent amount from me each month. We are not on any shared bills together. As evidence, I have supplied:

Joint Name and Address Documents:

- Vet Bills with both of our names and address

- Car Insurance with both of our names and address

Other than this, I have:

- My licence, tax documents, payslips, bank statements all with the same address

- His licence, tax documents, payslips, bank statements, house bills - all with the same address

I have also included details of the rent I pay my husband in the cover letter. Do you think this will be sufficient evidence to prove that we reside at the same address despite not having joint ownership of the property? Is it worth creating a tenancy contract between me and my husband to prove my tenancy at this address or do you think the evidence I already have will suffice? 

Thank you!

I have received a date for the first step interview at DCF in London! Right now I'm preparing everything asked for on the I-130 checklist and getting as prepared as I can for my spouse's interview in the future (should all go well!) 

Question: On the I-130 checklist it says: ❑ Passports: Current and previous passports for U.S. citizen petitioner and beneficiary

Does this mean we need to submit all of our expired passports as well as our current? Like all the way from childhood? May be interpreting this wrong but wanted to ask in case.

Question 2: Is it the printable I-130 and I-130A document from the USCIS website that I need to bring? Is there another source for I-130? Or do I need to complete it digitally and then print it.

Question 3: It is not included on the checklist, but we will be using a second sponsor due to my US income not reaching the £60k min. Do we submit this at this stage or the next stage when my spouse is interviewed?

Thank you!

On 9/28/2022 at 10:09 AM, Zack202 said:

Unlike other means, when going through DCF, it's the beneficiary that books the interview. So instead being given a date for an interview, the beneficiary needs to book the interview themselves through an online portal. You should be able to pick a date that suits you best. It might not be perfect, but could be enough to ensure it doesn't clash with your Holiday. My 12 weeks wait is coming up soon, so I can let you know what the process of booking my interview is like.

Hi there! I hope your journey is going well / has gone well. I just got a date for my I-130 interview and am looking to get an idea of what to expect next. I know that further down the line my spouse needs to attend a medical examination and interview, but like your question on this original post, I am curious to know the timeline and exact steps and instructions we should expect after we get a case number. I don't want to miss anything out and I'm hoping for a semi-realistic timeline my spouse and I can follow, especially as we prepare to go long distance. Thanks!

4 minutes ago, Crazy Cat said:

The Consulate Officers are aware that a CR-1 means an approved I-130, I-130a, DS-260, I-864, and all supporting documentation.  I wouldn't worry about it.  I'm sure they will let you know if they will accept the case with instructions.  Good luck.

That does make me feel better. Thank you so much for helping and thank you for always giving me advice and support on my posts!

Read a post recently about the importance of detail when filling out the DCF London contact form and am now worried about my submission. (I haven't received a reply yet but it was submitted very recently.) A couple questions...

1. My main worry is that I asked about filing CR1 for my UK spouse through DCF in the contact form and now I worry I should have asked for I-130. The reason I did not say I-130 in the form is because I know this is the first step to filing CR1 anyway. Other than that I was as detailed as possible. Should I be worried about this / could this be a potential slip up that affects me? And if so...

2. If needed, can further detail to your enquiry be added later? There was no email confirmation of submitted enquiry that followed up my enquiry, so I don't know if this is an option.

I may just be letting worry get to me too quickly, but if this is something I have slipped up on I'd rather know now!

On 9/27/2022 at 2:40 PM, Chancy said:

 

Repeating because this is important.  @bmorgz, do NOT file your I-130 with USCIS.  Send your DCF request to the consulate in London first.  With a written job offer, your chances are high that the request will be approved by the consulate.

 

Thank you for this! Can I file with DCF without a job offer and if I receive a job offer expedite the pre-existing case? Or is it better to get a job offer and start from there?

1 minute ago, SteveInBostonI130 said:

A job offer with a start date should suffice.  It should not one from McDonalds.

 

For timing, try to line one up where you can start in about 3 months.  DCF is fast, but it will still take a month or three.

Thank you!

Hi all, 

I am a US/UK dual citizen living in the UK with my UK spouse. I am looking to move back to my home state with him. I was advised by an immigration lawyer that a good way to do this is through DCF with exceptional circumstances if I thought I could get a job offer. I am definitely able to get a job offer in my home state, but the sector I work in is competitive so I don't know how long it might take me to get that job offer. 

My question is... are there particular roles that fall under the 'exceptional circumstances' category? If I got a job outside of my sector would I not qualify because it wouldn't be seen as urgent? 

I know it's a gamble applying this way anyway, but just wondering if anybody had any insight on this. 

Many thanks.

This is really helpful, thank you!

I have a question about interview scheduling. When you are invited to the initial appointment, do you have any say in when that interview takes place? My spouse and I plan to apply for DFC soon, but we have a week away planned (in the US) that has been booked for over 2 years. We are nervous about whether or not going away is a risk.

Thanks!

Hello! I am a dual US/UK citizen by birth, wanting to move my UK citizen husband to the US. I have two questions. 

1. I have received an offer of employment in the US which would require me to relocate in 12 weeks. We are almost ready to file our I-130 (see question 2), but would like to expedite this once submitted along with filing a CR1 with DFC in London. Does anybody have advice on how we could go about this? I have also seen different resources in different places, some saying that this is a legitimate reason to expedite a visa and some saying it is not. 

2. My husband and I have a trip planned to the US in December for which he will need to get an ESTA. On the I-130 USCIS online form under Beneficiary's Immigration Information / Beneficiary Class of Admission, I have submitted the details for his last ESTA he obtained to visit the United States under class of admission B2 - Temporary Visit for Pleasure. Will this be a problem / will I need to update his application when he gets his ESTA for our trip in December? 

Many thanks, 

B

17 hours ago, Jorgedig said:

There is no ‘asap’ when it comes to US immigration.   Prepare for it to take up to two years.

 

Also you should read up on whether you’re eligible to sponsor him, or if you’ll need a joint sponsor.

By ASAP I literally just mean as soon as possible. If ASAP is two years, it's two years. But whatever the ideal shortest amount of time is. I am eligible to sponsor him. 

21 hours ago, Chancy said:

 

I would not recommend applying for a visitor visa for someone who may qualify for ESTA under VWP.  Have your husband apply for ESTA to visit the US.  He may travel for visits during the CR1 process, but he must not stay beyond the allowed duration (90 days on ESTA).  Check this thread for reports from other VJ members who visited during the process -- https://www.visajourney.com/forums/topic/744770-travelling-on-tourist-visa-whilst-waiting-for-i-130/

 

As for DCF with exceptional circumstances, check this thread for recent experiences about the DCF process via the consulate in London -- https://www.visajourney.com/forums/topic/762871-dcf-cr-1-london-i-130-to-emailletter-of-approval-case-number/

 

Thank you!

Hi there! I am a UK/USA dual citizen (by birth) and I am looking to move my British husband to the US, as soon as possible. We got married in February of this year and both live in the UK. We have no dependents (except our dog) so it's just us. I would love to have somebody to talk to who has done it this way around. From scouting all the websites and talking to as many people as I can, this is a simplified list of the process I want to take. I'm looking for feedback from anybody to let me know whether or not this is simply in the right order and the best way to go about getting my husband to the US. 

1. File I-130

2.  File DS-260

3. Apply for CR1

Obviously for each of these, there are many steps in getting the right documents etc. together which I have made separate lists for. I also wonder if in-between steps 2 and 3 we could apply for my husband to go to the US on a visitor visa while we await CR1. Is this too risky? I'm also not confident in where I need to file these, if it is online or with the embassy.

We have decided to file everything ourselves to save money, but when I had a free consultation from a solicitor (who quoted me £8000) she said it would be faster to go down the route of applying under exceptional circumstances, for which I would need to prove that I had a job offer in the US that I needed to fulfil within 3 months. I am confident that I can get a job in my home state, so it's not out of the question to go down this route. But could it potentially not work out / not be worth the cost and just separate my husband and I for longer?  The other thing is that when applying under exceptional circumstances, you must go through the embassy, and I am finding it almost impossible to contact them. I really could use some guidance. 

Please let me know if anybody has any advice or similar experience?

Many thanks, 

Brett