# Immigration help



## pitymetorockypoint (Jun 26, 2011)

Hi all, This is my first post here and not really sure where to begin so hopefully this will make sense to someone out there.
I am a UK citizen and resident. I met a US citizen 5 years ago. She came to live here in the UK with me and we married 3 years ago. We done everything by the book regarding all visa's etc. However the life style change was to much for her and after losing her job decided she would only be happy if we moved to the US. I have commitments preventing from just packing up here today but hoping to make my visa application later this year. My wife headed back to the states last week in the hope she can find work and a place for us to live (part of the requirements of the visa application). However i notice on the affidavit of support application she must submit a federal tax return for each of the 3 most recent tax years. This is going to be impossible as she has been out the country for that long. Is there anyway around this, for example a letter from an employer stating her salary? And another hurdle is that i have a criminal record. Not what you may call major crimes. But the way it is worded on the record doesnt give a clear indication to the crime, ie, i have 2 charges for "assault" on there, when it was really just a drunken pub fight over 10 years ago. Not that i'm trying to justify it by saying that. Will this affect my application? It has never prevented me from entering the US as a tourist. Also does anyone know the processing times for the petition and actual spouse visa? Feel free to hit me with any questions you think may help you answer mine.


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## Fatbrit (May 8, 2008)

pitymetorockypoint said:


> Hi all, This is my first post here and not really sure where to begin so hopefully this will make sense to someone out there.
> I am a UK citizen and resident. I met a US citizen 5 years ago. She came to live here in the UK with me and we married 3 years ago. We done everything by the book regarding all visa's etc. However the life style change was to much for her and after losing her job decided she would only be happy if we moved to the US. I have commitments preventing from just packing up here today but hoping to make my visa application later this year. My wife headed back to the states last week in the hope she can find work and a place for us to live (part of the requirements of the visa application). However i notice on the affidavit of support application she must submit a federal tax return for each of the 3 most recent tax years. This is going to be impossible as she has been out the country for that long. Is there anyway around this, for example a letter from an employer stating her salary? And another hurdle is that i have a criminal record. Not what you may call major crimes. But the way it is worded on the record doesnt give a clear indication to the crime, ie, i have 2 charges for "assault" on there, when it was really just a drunken pub fight over 10 years ago. Not that i'm trying to justify it by saying that. Will this affect my application? It has never prevented me from entering the US as a tourist. Also does anyone know the processing times for the petition and actual spouse visa? Feel free to hit me with any questions you think may help you answer mine.


Yours is one of those _if only_ posts, I'm afraid.
If only she'd naturalised before she left.
If only she'd filed her back tax returns with the London IRS office.
If only she'd filed the I-130 with the London USCIS office.
Oh well! Water under the bridge, I suppose.

She will need to back file 3 years of US tax returns if she earned above the threshold. No ifs ands or buts.

The process for an IR1 immigrant visa takes 8-10 months without complications. The clock starts when she files the I-130.

There's insufficient detail to make a call on your criminal record. If you require a waiver, it will add time to the process. Note that for some offences, e.g. possession of a single tablet of ecstasy, no waiver is possible. If you entered the US on the VWP when you shouldn't have so done, this adds further complication.


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## pitymetorockypoint (Jun 26, 2011)

Fatbrit said:


> Yours is one of those _if only_ posts, I'm afraid.
> If only she'd naturalised before she left.
> If only she'd filed her back tax returns with the London IRS office.
> If only she'd filed the I-130 with the London USCIS office.
> ...


Hi and thanks for your reply. Please excuse my ignorance but when you say She will need to back file 3 years of US tax returns if she earned above the threshold. No ifs ands or buts. Does this mean she can back file from before she came to UK? and what would happen if she didn't earn above the threshold? not that i know what the threshold is


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## twostep (Apr 3, 2008)

pitymetorockypoint said:


> Hi and thanks for your reply. Please excuse my ignorance but when you say She will need to back file 3 years of US tax returns if she earned above the threshold. No ifs ands or buts. Does this mean she can back file from before she came to UK? and what would happen if she didn't earn above the threshold? not that i know what the threshold is


US citizens and Green Card holders are required by law to file annual tax returns; regardless of income, location or desire to do so. She has to file the last three years. Additional information can be found on irs.gov.

I am guessing here. Please correct me. You did not disclose your assault charges on ESTA but entered under VWP?


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## Fatbrit (May 8, 2008)

pitymetorockypoint said:


> Hi and thanks for your reply. Please excuse my ignorance but when you say She will need to back file 3 years of US tax returns if she earned above the threshold. No ifs ands or buts. Does this mean she can back file from before she came to UK? and what would happen if she didn't earn above the threshold? not that i know what the threshold is


Let's say you were at that stage today.

USCIS would want to see 2008, 2009 and 2010 returns.


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## pitymetorockypoint (Jun 26, 2011)

twostep said:


> US citizens and Green Card holders are required by law to file annual tax returns; regardless of income, location or desire to do so. She has to file the last three years. Additional information can be found on irs.gov.
> 
> I am guessing here. Please correct me. You did not disclose your assault charges on ESTA but entered under VWP?


I just ticked the no box on the form i was given on the plane. 

She hasnt filed any tax returns for the last 3 years. This is something we were not aware of. Is this going to cause trouble for her? I've tried looking on the irs site but that just isn't english to me i'm affraid

Am i right in thinking she'll have to back file the last 3 years which will show up as zero? if so will this affect my visa application?


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## Fatbrit (May 8, 2008)

pitymetorockypoint said:


> I just ticked the no box on the form i was given on the plane.


You need a US immigration attorney.
AILA's Immigration Lawyer Search



pitymetorockypoint said:


> She hasnt filed any tax returns for the last 3 years. This is something we were not aware of. Is this going to cause trouble for her? I've tried looking on the irs site but that just isn't english to me i'm affraid
> 
> Am i right in thinking she'll have to back file the last 3 years which will show up as zero? if so will this affect my visa application?


You said she had a job in the UK. She needs to declare those earnings on the tax return. However, as she was resident overseas, she will probably not need to pay tax unless her earnings were quite high. US citizens are taxed on worldwide income.


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## twostep (Apr 3, 2008)

pitymetorockypoint said:


> I just ticked the no box on the form i was given on the plane. ?


Time for an immigration attorney. You swore to the accuracy of the information given.




pitymetorockypoint said:


> She hasnt filed any tax returns for the last 3 years. This is something we were not aware of. Is this going to cause trouble for her? I've tried looking on the irs site but that just isn't english to me i'm affraid?


Again - Filing annual returns is a civic duty. You are aware of it. In her case it should be straight forward but you can always use a cpa.



pitymetorockypoint said:


> Am i right in thinking she'll have to back file the last 3 years which will show up as zero? if so will this affect my visa application?


It is only part of the application. USCIS.gov gives you all the details.


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