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Discussion Starter · #1 ·
Help...

I have a handful of questions - panic generated, probably... and could use some advice. I will try to lay it out point by point:

My spouse and I currently live in the UK. I am US citizen, spouse is UK citizen. We have been married for years and have kids. Family tragedy has me looking to move us back to the US.

Unfortunately, the economy here has been dire and we are having to file for bankruptcy. We have not had wages in the UK over the threshhold for tax in the US, so haven't filed returns since 2002.

Am thinking that the explanation for the tax returns should be fine, but not sure about whether the bankruptcy here will have an impact. Also, as I haven't worked, and haven't yet gone back to the US, not sure how to confirm the income requirement for the Affidavit of Support.

So I have taken immigration law advice and been told we could concievably go over on holiday and should we decide to stay, we could apply for an adjustment of status of my spouse's visa, and then we could stay while his application is going through. Of course spouse couldn't work, but if Stateside, I'd be in a better position to have got a job and prove the income requirement? Also, my dad could be a joint sponsor - he is now a widower with pristine credit and makes oodles of money with no dependents any longer.

So do we think it would be better to file from here and wait here or file from there and do it that way? And will our UK bankruptcy be an issue at all, especially RE the affidavit of support? My thinking is it is cheaper to live there than here, and after bankruptcy, there isn't much left for us here. So I'd rather not have to sit around here for the application to go through if we could go there and start afresh.

Help!
 

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Help...

I have a handful of questions - panic generated, probably... and could use some advice. I will try to lay it out point by point:

My spouse and I currently live in the UK. I am US citizen, spouse is UK citizen. We have been married for years and have kids. Family tragedy has me looking to move us back to the US.

Unfortunately, the economy here has been dire and we are having to file for bankruptcy. We have not had wages in the UK over the threshhold for tax in the US, so haven't filed returns since 2002.

Am thinking that the explanation for the tax returns should be fine, but not sure about whether the bankruptcy here will have an impact. Also, as I haven't worked, and haven't yet gone back to the US, not sure how to confirm the income requirement for the Affidavit of Support.

So I have taken immigration law advice and been told we could concievably go over on holiday and should we decide to stay, we could apply for an adjustment of status of my spouse's visa, and then we could stay while his application is going through. Of course spouse couldn't work, but if Stateside, I'd be in a better position to have got a job and prove the income requirement? Also, my dad could be a joint sponsor - he is now a widower with pristine credit and makes oodles of money with no dependents any longer.

So do we think it would be better to file from here and wait here or file from there and do it that way? And will our UK bankruptcy be an issue at all, especially RE the affidavit of support? My thinking is it is cheaper to live there than here, and after bankruptcy, there isn't much left for us here. So I'd rather not have to sit around here for the application to go through if we could go there and start afresh.

Help!
Your UK bankruptcy is irrelevant -- providing it doesn't stray into criminal charges such as fraud.

If you're filing for a CR1/IR1 immigrant visa, you'll need your 3 years of US tax returns regardless of your income level. The IRS unit at the US Embassy in London will help. The visa takes around 6 months from application to issue.

You must be the primary sponsor. However, any deficiency in the amount can be made up by a co-sponsor.

Entering the US as a tourist with the intent to remain is fraudulent. I'm sure many do it and are successful. But when it goes wrong, it can go badly wrong. As you're currently in the UK, you'll hopefully excuse me if I don't join the conspiracy and explain how to do it.
 

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Discussion Starter · #3 ·
Your UK bankruptcy is irrelevant -- providing it doesn't stray into criminal charges such as fraud.

If you're filing for a CR1/IR1 immigrant visa, you'll need your 3 years of US tax returns regardless of your income level. The IRS unit at the US Embassy in London will help. The visa takes around 6 months from application to issue.

You must be the primary sponsor. However, any deficiency in the amount can be made up by a co-sponsor.

Entering the US as a tourist with the intent to remain is fraudulent. I'm sure many do it and are successful. But when it goes wrong, it can go badly wrong. As you're currently in the UK, you'll hopefully excuse me if I don't join the conspiracy and explain how to do it.
Thanks, Fatbrit. No, I do excuse you. I had some advice from an immigration solicitor, actually... and I made a post somewhere else on the other complications... So not sure at this point which is the better thing to do.

But I thought you didn't have to have a return if you had insufficient income to warrant one, so you would simply declare that on the Affidavit of Support and explain that as the reason for no recent returns?

Glad to know the bankruptcy shouldn't affect anything, and to have confirmation that my dad could co-sponsor.
 

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But I thought you didn't have to have a return if you had insufficient income to warrant one, so you would simply declare that on the Affidavit of Support and explain that as the reason for no recent returns?
They'll want the tax returns regardless of your income or method of sponsorship. Back file for 3 years (2007-2009) using the services of the IRS unit in London. They are usually reported as being quite forgiving and helpful.

Embassy of the U.S. London: Internal Revenue Service
 
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