# Moving Back to USA once we're married



## alilvshk (Dec 14, 2014)

Hi

I'm a US citizen who has lived in the UK for 13 years. My mother remarried and as a child, off I went to the UK with her! 
I'm now older and engaged to be married in summer 2016. Me and my fiancé (UK citizen) plan to go back to the US.

Anyone been there?? Can anyone give their experience?

Thanks

Ali


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## BBCWatcher (Dec 28, 2012)

alilvshk said:


> Anyone been there??


Just a few hundred million people, that's all. 

Did you have anything in particular in mind? As you've posed your question it's more than a bit broad.

I assume your fiancé isn't going "back" to the United States but rather would be moving to the United States for the first time. If that's correct, let's start with visa requirements. He will need either a K-1 or a CR-1 visa to the United States. I'll explain both, briefly, but there's a lot of great information online.

You can sponsor your fiancé for a K-1 visa before you get married. You can still have any big party you want in the United Kingdom (otherwise known as a "marriage" in all but the technical legal sense), but you would actually legally marry (as quietly or loudly as you wish) in the United States. It's a great solution if your intention is to move together to the United States in 2016 (or even in 2015) because you can sponsor him for a K-1 before you're married. That's the whole point: a K-1 is a visa to enter the United States to marry a U.S. citizen and to settle with him/her there. He has to marry you within 90 days of entry, and he then adjusts his status to resident. During that pre-AoS interval he is not able to seek employment in the U.S., so just be aware of that income-related issue.

Or you can sponsor him for a CR-1 visa after marriage, but that means you could be waiting until sometime in 2017 until he's able to move to the United States if you legally marry in 2016. (You can legally marry tomorrow if you wish to start that clock, then have the big party in 2016.) You have the option of direct consular filing of USCIS Form I-130 (and its related attachments) in the United Kingdom, but that only speeds up the visa process slightly.

Note that for both visas you will need to demonstrate financial sponsorship and (usually) U.S. domicile to the U.S. State Department, after the I-129F (K-1) or I-130 (CR-1) is filed and approved, in order for him to receive a visa. Financial sponsorship for a household of two means you must demonstrate just under $20,000 of income (2014 figure) or a multiple in liquid savings. (About $100,000 in a bank account should do, but it's a little more complicated than that.) If you/he qualify based on liquid savings then his savings can be considered, but his income/earning potential is not considered. If you/he cannot meet the financial sponsorship requirements then, if somebody is willing, a qualified co-sponsor can help, usually a very generous and understanding family member already resident in the United States.

I'll stop there, but that's a pretty good outline. There's much more information available at USCIS's Web site, in particular.


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## Davis1 (Feb 20, 2009)

first you must be at peace with the IRS 
you are required too file US taxes every year 

for a fiancee visa 
K1 Fiance Visa Process Flowchart and Timeline

US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally
The US citizen income must meet the require minimum to fulfill the affidavit of support
currently $19660 ..or get a joint sponsor .. if you can find someone that gullible


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## BBCWatcher (Dec 28, 2012)

Davis1 said:


> first you must be at peace with the IRS


Yes and no. Yes, one must always be at peace with the IRS -- nothing new about that. (Now is better than later.)

However, if you haven't been required to file (or even perhaps if you have), you can file with the IRS after you file USCIS Form I-130 or USCIS Form I-129F, as applicable. Tax filings aren't needed until you hit the National Visa Center.


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## twostep (Apr 3, 2008)

Do you hold UK /EU citizenship? If not you may want to look into potential future benefits for you.

Nobody knows what changes US immigration will go through by 2016. Currently you have the option to file DCF Direct ConsulR Filing which by far the easiest and least time consuming option.


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## alilvshk (Dec 14, 2014)

1) I do not have a UK passport. I have 'indefinite leave to remain'

2) I have never filed taxes. I moved to the UK aged 11, I didn't know about this tax thing until recently 

3) we plan on getting married in the UK.


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## Crawford (Jan 23, 2011)

You should obtain your British citizenship in case the move to the US does not work out.

Without it you will not be able to automatically move back to the UK.


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## BBCWatcher (Dec 28, 2012)

alilvshk said:


> 2) I have never filed taxes. I moved to the UK aged 11, I didn't know about this tax thing until recently


OK, you'll need to correct that. The IRS's overseas Streamlined Program is an excellent option to get caught up. The Streamlined Program requires filing 3 years of tax returns (2011, 2012, and 2013) plus the current year (tax year 2014), plus 6 years of FinCEN Form 114 ("FBAR") (2008, 2009, 2010, 2011, 2012, and 2013), plus the current FBAR year (2014).

One reason (not the only reason) you'll need to correct that tax filing problem is that, as the U.S. citizen sponsoring a foreign spouse, you'll (eventually) need to submit U.S. tax returns as part of your spouse's visa process. No tax returns, no visa.

Hint: Since you live in the United Kingdom, try running your U.S. income tax calculation _without_ the Foreign Earned Income and Foreign Housing Exclusions (i.e. without IRS Form 2555 or 2555-EZ) and only use the Foreign Tax Credit (Form 1116). If the FTC-only calculation results in U.S. income tax owed of zero or less, fantastic, you've found the right calculation path -- and you'll also probably save some money on your future U.S. income taxes when you move to the United States.

....OK, you want to get married in the United Kingdom. Please carefully read (if you haven't already) what I wrote upthread about the implications of getting legally married in the United Kingdom in 2016, specifically that that'll likely push out your spouse's receipt of a visa to the United States until 2017. If that's acceptable to you both, great. If you want to move to the United States earlier, take a look at the advice above.


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## alilvshk (Dec 14, 2014)

Ok thanks everyone for your help. I will look into the tax thing. 

If we got married in the US first (on paper), and then had a 'real' wedding in the UK like for family etc, would that help our chances? Because if we did that, we would have to get my fiancé to apply for the visa that's says you have to marry within 90 days? Because we would get married in U.S. Then live in the UK for another year before moving back to the U.S. Permanently. 

I understand my indefinite leave to remain will be revoked if I live in the US for longer than two years. However I do not have the £900 it costs (plus a citizenship test!) to gain a British passport. I'm in in the process of applying for all the exams I have to do to re-qualify as a pharmacist in the US. 

Thanks again everyone for your help


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## twostep (Apr 3, 2008)

Pharmacist or Pharm Tech?


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## alilvshk (Dec 14, 2014)

Pharmacist.


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## BBCWatcher (Dec 28, 2012)

alilvshk said:


> If we got married in the US first (on paper), and then had a 'real' wedding in the UK like for family etc, would that help our chances?


It's just a question of timing, that's all. If you get legally married anywhere you're then ready to sponsor your spouse for a CR-1 visa. (You don't need a K-1 visa to marry in the United States unless your foreign spouse will be staying after marriage. If you're just going to the U.S. to get married _then leave_, no visa is required for a U.K. citizen -- just ordinary ESTA visa waiver privileges.)



> I understand my indefinite leave to remain will be revoked if I live in the US for longer than two years. However I do not have the £900 it costs (plus a citizenship test!) to gain a British passport.


Look, I understand it's expensive, but this is good advice. It's also very expensive if your spouse's U.S. visa is denied, or if you cannot obtain the certification you seek, or if your spouse predeceases you. Obtaining your second (British) citizenship, especially as a current, established resident of the United Kingdom, is just a common sense, prudent form of insurance. I'd echo the other posters' comments and strongly recommend getting that done as soon as you can, even if it means cutting out the morning coffees or whatever.

For example, you two can get legally married in Denmark over a weekend for much less money than hopping on a plane and marrying in the United States. So take the £900 or more you save right there and spend it on your U.K. citizenship. Your spouse could even give you the £900 as a (civil) wedding present.


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## alilvshk (Dec 14, 2014)

Ok thanks for that. 

I'm saying about marrying in the USA then leaving because my sister is graduating high school in May 2015 and I'm going to visit. My plane tickets will be free because of my miles I've earned so it's not costing me much there. It's the exams I've got to qualify as a pharmacist that's cost over $2000 total that I've got to worry about plus obviously our wedding in the UK. 

I will have a look into UK citizenship then. 

I really appreciate all your advice even though I'm sure I sound difficult!!


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## twostep (Apr 3, 2008)

Get married in the UK and file DCF direct consular filing. Keep the wedding small and get your UK citizenship as it may come in handy one day.


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## alilvshk (Dec 14, 2014)

Looks like it would be pretty easy for us to marry in the US when I visit my sister next year. Just a registry office type thing. 

I'm going to look at the Life in the UK test...


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## BBCWatcher (Dec 28, 2012)

Is it free to bring your fiancé? If it isn't, consider saving the money (for your citizenship) and get legally married as quietly as you wish in a more affordable locale.


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## English (May 7, 2011)

You could always travel to the US on vacation with your fiancé. Then you can get married and return to the UK to start the visa process. This is the way I did it with my hubby (although he didn't have ILR at the time so stayed in the US for 2 mths after we were married to get his UK visa).

It may depend on state laws but We got married in Texas in April 2012 just the two of us (had to get marriage license and wait 72hrs to use it but it was really simple). We then had our 'proper' wedding with family and friends in the UK in August 2012. We started our visa processing for me in 2013 and are still waiting to complete so I'd definitely recommend you do the DCF route instead (we used a Us based lawyer... Expensive and long process so do not reccomend it). I'd definitely reccomended you get your UK citizenship though seeing as you have been here so long. You wouldn't want to waste that opportunity and have to start over should you decide to come back this way.

With regard to tax, my hubby had never filed. He's dyslexic and has always found paperwork too complicated. He's always paid tax through his employer so never bothered filing. This caused a delay in our processing so I had to do 3 years of taxes for him . We were advised by the London embassy not to use the streamlining forms. We used forms 1040 and 2555 for each year (if I remember correctly) and it took me several attempts to fully get my head around it but I managed it and have learnt how it all works in the process. I even managed to get him a rebate of $800 . It Wasn't as big a deal as I thought it was going to be but it is important to complete the visa processing. I'm now working on his taxes for 2014 which is slightly more complicated with a child now but shouldn't be too difficult. Once we move, I'll have to learn about filing for both of us together etc and hubby has now made taxes my job..lol..

Good luck with whatever route you choose to go down.


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## lintexas (Feb 11, 2015)

*Which state?*

I live in Dallas, TX. Which state are you thinking of moving to next year?


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## alilvshk (Dec 14, 2014)

Hi everyone

It's been a while since I've replied! I've started my journey to citizenship. I completed my Life in the UK test on 14/2/15 and sent my citizenship application on 19/3/15. 

We plan on moving to Maryland as early as October next year. We are travelling to the states in May, where we plan on going to the court house to get married on paper. Then we will be doing the steps to get his visa for the states. 
Our English wedding is in July 2016.


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## alilvshk (Dec 14, 2014)

English said:


> You could always travel to the US on vacation with your fiancé. Then you can get married and return to the UK to start the visa process. This is the way I did it with my hubby (although he didn't have ILR at the time so stayed in the US for 2 mths after we were married to get his UK visa). It may depend on state laws but We got married in Texas in April 2012 just the two of us (had to get marriage license and wait 72hrs to use it but it was really simple). We then had our 'proper' wedding with family and friends in the UK in August 2012. We started our visa processing for me in 2013 and are still waiting to complete so I'd definitely recommend you do the DCF route instead (we used a Us based lawyer... Expensive and long process so do not reccomend it). I'd definitely reccomended you get your UK citizenship though seeing as you have been here so long. You wouldn't want to waste that opportunity and have to start over should you decide to come back this way. With regard to tax, my hubby had never filed. He's dyslexic and has always found paperwork too complicated. He's always paid tax through his employer so never bothered filing. This caused a delay in our processing so I had to do 3 years of taxes for him . We were advised by the London embassy not to use the streamlining forms. We used forms 1040 and 2555 for each year (if I remember correctly) and it took me several attempts to fully get my head around it but I managed it and have learnt how it all works in the process. I even managed to get him a rebate of $800 . It Wasn't as big a deal as I thought it was going to be but it is important to complete the visa processing. I'm now working on his taxes for 2014 which is slightly more complicated with a child now but shouldn't be too difficult. Once we move, I'll have to learn about filing for both of us together etc and hubby has now made taxes my job..lol.. Good luck with whatever route you choose to go down.



You chose a US lawyer for taxes or immigration? 
We plan on using the lawyer in the US that my stepmom used (she is from NZ and moved to US then married my father) and she said she did it all by email. 

I have just done my streamlined taxes through Greenbank I think they are called. my fiancé has ever worked in the U.S. So it is just my taxes that needed sorting.


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## English (May 7, 2011)

I did my husband's taxes myself. I had to read up on it all and learn how to do it. I did 3 years worth and then just recently did 2014's so that I don't have it to do when we move (finally got my visa last week after nearly 2 yrs... we move to Texas in a week!) 

We hired a US immigration lawyer based in California but I definitely would not recommend it. It took so long and the lawyer made several mistakes which delayed us further. When I had my interview at the London Embassy a couple of weeks ago they told me then we should have done the Direct Consular filing route and that we would have had my visa in around 4 months (instead of nearly 2 yrs!). Good luck!


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## alilvshk (Dec 14, 2014)

Congrats! 

Ok so it would be easier to DCF through the US embassy in London?

In terms of the sponsor bit, did you have a job set up back in the US? So you can say you'll sponsor your spouse? I feel like that's what it says? Unless I've got it all wrong.


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## alilvshk (Dec 14, 2014)

Sorry I'm saying it like you're the USA citizen but that's your hubby. Did he say that he had a job and he would sponsor you? Is that how it works?


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## English (May 7, 2011)

Thanks 

I had to get a co-sponsor because my hubby lives in the UK so couldnt show US income to sponsor me solely. His aunt offered to be my co-sponsor. She had to fill in paperwork too and sign then if anything was to happen to my husband over the next 10 years so he couldnt support me, she would have to support me and our son. I wouldnt be allowed benefits.


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## English (May 7, 2011)

His dad also wrote us a letter confirming he'd give hubby a job when he arrives so we had that as backup too.

Definitely go the DCF route if you can. Use this forum to answer any questions you have doing the paperwork yourself. Feel free to PM me tok with any questions as you go through the process and i'll do my best to help


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## alilvshk (Dec 14, 2014)

Ok thank you so much for all your help!

I am currently studying for exams to be able to work as a pharmacist in the US. Once I do my exam in September, I will be able to apply for internships as a pharm tech. (I have to do a year of interning then two exams and then I will be able to work as a pharmacist) 

But, we want to marry in the US in May and then start the process for his visa so we will need a co sponsor. Can the co sponsor be a green card holder? Or do they need to be a citizen? No one else in my family would have the income to be able to co sponsor with the exception of my stepmom, like I said she is from NZ and holds a Green Card. 

Thanks again


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## English (May 7, 2011)

Not sure about tht as hubbyd aunt is a citizen so we never had to ask. Someone else may be able to answer that for you


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## alilvshk (Dec 14, 2014)

English said:


> Not sure about tht as hubbyd aunt is a citizen so we never had to ask. Someone else may be able to answer that for you


 It's ok I found it online: "Sponsorship Requirements A sponsor must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States."

So my stepmom should be accepted. She is a LPR with a green card.


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## English (May 7, 2011)

excellent... good luck


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