# Visa info needed please



## sharon88 (Aug 12, 2009)

At the moment my husband stays with my mother in law (his mother) and her husband in the US. The I-130 was approved for my daughter and myself so the next stage is the interview with the Consular. We are in the process of getting all the forms needed but need clarification on the I-864 form as my mother in law is the person completing the form as my husband has only just started working over there. He doesnt have his taxes for the last 2 years as he lived here in london with me and didnt work in the UK during the 2 year period. 
My question is - 
1) Is this ok that my mother in law submits the I-864 form. 
2) Does she need to do 2 I-864 forms, one for me and one for my daughter. 
3) Does my husband also need to fill out the form as he is now working and can get a letter from his employers. 
4) Does he also need to do 2 forms, one for me and one for my daughter. 
5) Is it ok if both my mother in law and husband do the I-864 forms? 

Any assistance would be greatly appreciated!


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## twostep (Apr 3, 2008)

It does not matter where a US citizen lives or how much income he has. Filing taxes is a requirement. IRS.gov is your best source.
Bev can probably give you some good pointers on how to file retroactive.


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## sharon88 (Aug 12, 2009)

twostep said:


> It does not matter where a US citizen lives or how much income he has. Filing taxes is a requirement. IRS.gov is your best source.
> Bev can probably give you some good pointers on how to file retroactive.


Thanks for the response.. sorry who is Bev? Can my mother in law file the I-864 in the mean time while my husband gets his taxes sorted out? My husband was the person who filed the I-130, does it have to be him who also files the I-864?

Any help would be appreciated.


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## Bevdeforges (Nov 16, 2007)

Sorry - I kind of blew by the comment on taxes in my first reading.

If your husband had any source of income while he was living in the UK, he should have been filing US taxes (if only to claim the overseas earned income exclusion). If he really had no income those two years, then I guess he wouldn't have needed to file - though that may look "dodgy" for purposes of sponsoring you and your daughter.

Given that your husband is working now in the US (and will be filing his income taxes from now on), it would probably be an excellent idea for him to back-file for those last two years. If he really didn't have any income, he can simply send in a set of forms (prior year forms are available on the IRS website), marked "no income" and signed and dated as appropriate. If he didn't have enough income to have to file, he should just file showing whatever income he did have, and that his tax liability was 0. That will at least forestall the question about why he didn't file - and will allow him to include copies of his tax returns. (Oh, and he should file as "married - filing separately" since you are not subject to US income tax - yet.)
Cheers,
Bev


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## sharon88 (Aug 12, 2009)

Bevdeforges said:


> Sorry - I kind of blew by the comment on taxes in my first reading.
> 
> If your husband had any source of income while he was living in the UK, he should have been filing US taxes (if only to claim the overseas earned income exclusion). If he really had no income those two years, then I guess he wouldn't have needed to file - though that may look "dodgy" for purposes of sponsoring you and your daughter.
> 
> ...


Thank you soo much Bev.. my husband genuinely did not have any earnings whatsoever when he was here in the UK. I'm a banker and i was supporting our family, he had looked for a job in construction but couldnt find one. The reason why he returned to the US is because i became redundant in January and we couldnt have both of us at home with no money coming in. He spoke to a friend of his who has a glass company in Texas and he offered my hubby a job. We then decided that all of us would move back there and thats when we decided to start this process. But yes, its very genuine... 

Can his mother file the I-864 for me and my daughter as they live in the same household, or does he have to file because he was the one who filed the I-130. I really appreciate your help!

Sharon


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## Fatbrit (May 8, 2008)

sharon88 said:


> Thank you soo much Bev.. my husband genuinely did not have any earnings whatsoever when he was here in the UK. I'm a banker and i was supporting our family, he had looked for a job in construction but couldnt find one. The reason why he returned to the US is because i became redundant in January and we couldnt have both of us at home with no money coming in. He spoke to a friend of his who has a glass company in Texas and he offered my hubby a job. We then decided that all of us would move back there and thats when we decided to start this process. But yes, its very genuine...
> 
> Can his mother file the I-864 for me and my daughter as they live in the same household, or does he have to file because he was the one who filed the I-130. I really appreciate your help!
> 
> Sharon


Your husband MUST be your primary sponsor -- even if he had no income. MIL can be a co-sponsor.


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## sharon88 (Aug 12, 2009)

Fatbrit said:


> Your husband MUST be your primary sponsor -- even if he had no income. MIL can be a co-sponsor.


Thank you for that...do you know if both of them have to do 2 separate I-864 forms, one for me and one for my daughter?

I'll tell him that he needs to file his taxes stating nil income for the 2 previous years.

Once again thanks alot.


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## Fatbrit (May 8, 2008)

sharon88 said:


> Thank you for that...do you know if both of them have to do 2 separate I-864 forms, one for me and one for my daughter?


That I don't know. Why not do both and they can pick and choose what they want?


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## sharon88 (Aug 12, 2009)

Fatbrit said:


> That I don't know. Why not do both and they can pick and choose what they want?


Will do that, thank you so much!


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## twostep (Apr 3, 2008)

Sharon banking is not the best industry to be in right now but there are worse. I still have some contacts out of my corporate recruiting days when TX was part of my territory. If you feel like it - let me know a bit more about your experience - open or PM.


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## sharon88 (Aug 12, 2009)

Hi, i sent you a pm not sure if you got it..i'm new to this site. -


Wow...thank you soo much. I worked in the banking industry for 23years. I worked for Bank of Nova Scotia for 18yrs..14 in London and then transferred to a new positon in Jamaica for 4 years. My last role was at Bank of America London where i spent 2 years ending January 09. My experitise is Foreign Exchange investigations. I supervised several departments, i.e payments, swift, reconcilations, investigations, brokerage etc. 

I would be so greatful for any advice you have on how and where to get a job. My hubby lives in Fort Worth Texas. 

I really appreciate you taking the time to contact me. 

Sharon










twostep said:


> Sharon banking is not the best industry to be in right now but there are worse. I still have some contacts out of my corporate recruiting days when TX was part of my territory. If you feel like it - let me know a bit more about your experience - open or PM.


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