# Where to start? Want to move to USA



## AllEars (Jan 17, 2010)

Hi guys & girls, i have been looking around the site and have found it very helpfull and now need to ask some questions for you guys to answer..

We live in the UK, my wife is american & we have a 3y/o son, she has endured living in the northeast of england for 8yrs and we feel now is the time for a change. Her family live in Lacey, WA and we would love to move near them..Question where to start..

As far as i can see the first step is to file a I130, is this right?? it looks like a mine field to me but im sure im just making a mountain out of a mole hill..The inlaws have agreed to sponcer us if needed (he is highly ranked in the US Militry). Also i have read about her filing tax returns?? She is a house wife here and has never worked.

We will be looking at buying a house and me hopefully getting work. her mother set up a USAA bank account 4yrs ago for my wife with a credit card etc which is geting used so i assume we will have some sort of credit rating, can this be checked??

Im sure i will have a 1000 other questions but for now i will thank you in advance for any help..

Regards Phil


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## Fatbrit (May 8, 2008)

Hi Phil,

So, first thing is wife should seriously consider naturalising as a UK citizen before she leaves if not already done so. Dual US/UK citizenship is allowed, and it ill save her having problems should she wish to visit the UK again or if you change your minds.

Kid is presumably a dual already. Has he got both passports?

Easiest method is to file your I-130 for an IR1 immigrant visa directly at the Consulate. Instructions here: USCIS: Instructions for Filing an I-130 & I-360

Timing is around 6 months from start to visa issue, the visa is then valid for 6 months for you to enter. On entry, you are a permenant resident with the right to live and work in the US.

Wife must back-file taxes for 3 years. She shouldn't need to pay anything but will need to file. Help here: Embassy of the U.S. London: Internal Revenue Service

Corrected: Co-sponsor requires income of 125% x federal poverty guidelines or capital of 3x that figure. Add the two family sizes together.

Contraindications for you:
* Have you ever been arrested for anything, anywhere?
* Do you suffer from a serious communicable disease?
* Do you suffer from a mental disorder?
* Have you ever broken the terms of any previous visit to the US?
* Do you any connections whatsoever with countries the US might consider as terrorist in nature? 

Free copy of your credit report here: https://www.annualcreditreport.com/
Don't bother paying for any extras -- they're pretty useless.
Get a UK AMEX card now -- it'll transfer. Spend no more than 20% of the limit every month, then pay in full -- interest not required for credit score.


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## Bevdeforges (Nov 16, 2007)

Just a note on filing the back taxes - she'll file as "married filing separately" and if she has no income in her own name, it's perfectly ok to declare "0" income and call it quits. She does not have to declare her "half" of jointly titled income (say, interest from savings accounts). And technically, she wasn't obligated to file a return if her income was less than the filing thresholds - but it's a good idea to file those back three years if you're going for a spouse visa, just to show that she is aware of the filing requirement.

She may have to file a Treasury declaration of foreign bank and investment accounts, but only if she has signature authority on non-US accounts totalling $10,000 at any point during the year. This would include any jointly held accounts.

Details on all of this are in IRS publication 54, which can be downloaded from the IRS website.
Cheers,
Bev


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## AllEars (Jan 17, 2010)

Thanks for the info, some answers to your questions..

Son only has a UK passport..will this be a problem?? Will i have to apply for him as well??

Never had any trouble with the police etc

will look in to the naturalising as a UK citizen just in case, sounds like a good backup..

Ref co-sponcor, thats a lot of money will have to check with the inlaws..will be selling the house here and should clear around £45,000 to go over with, if the inlaws dont have the correct funds will there be any problems?

Thansk Phil


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## Niall.Rice (Oct 26, 2009)

Bevdeforges said:


> Just a note on filing the back taxes - she'll file as "married filing separately" and if she has no income in her own name, it's perfectly ok to declare "0" income and call it quits. She does not have to declare her "half" of jointly titled income (say, interest from savings accounts). And technically, she wasn't obligated to file a return if her income was less than the filing thresholds - but it's a good idea to file those back three years if you're going for a spouse visa, just to show that she is aware of the filing requirement.
> 
> She may have to file a Treasury declaration of foreign bank and investment accounts, but only if she has signature authority on non-US accounts totalling $10,000 at any point during the year. This would include any jointly held accounts.
> 
> ...


Might be worth getting some advice.

There are plenty of immigration websites out there


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## Fatbrit (May 8, 2008)

AllEars said:


> Thanks for the info, some answers to your questions..
> 
> Son only has a UK passport..will this be a problem?? Will i have to apply for him as well??
> 
> ...


*Son*
For your wife to transmit US citizenship, she has to prove she lived at least five years in the United States before your son's birth, with a minimum of two of these five years in the United States after your wife's 14th birthday. Assuming yes, your son is already a USC. Apply for a consular record of birth, US passport and social security card at American Citizen Services at the embassy.

If your wife cannot transmit citizenship, then son needs to be on the immigrant visa ticket. By a strange quirk, on entry to the US with an immigrant visa he becomes an instant US citizen.

*Sponsor*
Reading what I wrote, I made a mistake and gave you the capital requirements. The capitals requirements are 3x, and the income requirements are just 1x of the 125% of federal poverty guidelines. So that should make it easier for you. Guidance here: Affidavit of Support Forms (I-864 series forms) - Frequently Asked Questions

*Wife's UK naturalisation*
US perspective: Dual Citizenship FAQ
UK perspective: a single paragraph written in your UK passport.
BTW, you will be able to naturalise as a USC three years after your arrival on an immigrant visa.


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## Fatbrit (May 8, 2008)

Niall.Rice said:


> Might be worth getting some advice.
> 
> There are plenty of immigration websites out there


This one's looking pretty straightforward at the moment.


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## AllEars (Jan 17, 2010)

how glad am i that i stumbled opon this site..

Seems the little guys is going to be easy to sort.. thanks for the info, "just" a trip down to london..lol

Have been readng about this DIRECT CONSULAR FILING is this something we can do in the UK?? or is itjust as well doing it the normal route? Do i just send the forms in to London?

Sorry for all the questions

Thanks for your help

Phil


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## Fatbrit (May 8, 2008)

AllEars said:


> how glad am i that i stumbled opon this site..
> 
> Seems the little guys is going to be easy to sort.. thanks for the info, "just" a trip down to london..lol
> 
> ...


The "direct consular filing" is filing your I-130 directly with the Consulate rather than back in the US. This shaves around 3 months off the process. BTW, DCF is a term used on internet boards but NOT by the consulates.


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## AllEars (Jan 17, 2010)

thanks for that, i guess thats what will will be doing then as we both live here in the UK, thanks you for your advice its been priceless..im sure there will be more things pop up..Phil


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## Fatbrit (May 8, 2008)

AllEars said:


> thanks for that, i guess thats what will will be doing then as we both live here in the UK, thanks you for your advice its been priceless..im sure there will be more things pop up..Phil


Ask away.

One thing you should be looking at before it comes up is proving your wife's intent to re-establish US domicile. This often is required in such a situation as yours where the USC has moved away. Evidence such as looking for a place to live, bank accounts set up, job searches, etc are sometimes needed to overcome this hurdle.


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