# Cr-1



## Yumler7Gr8 (Feb 20, 2020)

My wife and I are applying for a UK spouse visa but if that is refused we might even consider applying for a CR-1 visa.

She's US citizen, I am UK citizen.

What are the requirements for me to go and live there? We married in USA and I'm in UK now applying for her visa, but if she is refused I might consider living in USA with her. 

So.. basically, is there an income requirement she needs to meet? Does she need a job if I'm her husband? Please help. If she's living with her parents, can we live there for a few months before getting a place of our own? Accommodation requirements.

If she has an income, does she need to earn this for X amount of time? What are the steps to moving to USA as a husband? Can we use her father as a sponsor or something? I know he earns a lot.

<3


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## twostep (Apr 3, 2008)

https://www.uscis.gov/greencard
https://travel.state.gov/content/travel/en/us-visas/immigrate.html

Both are official US sites and walk you through soup to nuts - application to fees.

Living with your in-laws is a personal decision.

Yes, FIL can be a co-sponsor. Please consider the potential implications for him and his family.


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## Moulard (Feb 3, 2017)

Unless she has a US job that meets the income requirements for the state you intend to live in she will need a co-sponsor(s) with US sourced income that meet the requirements.

It sounds like she is in the US, but in the event she has been in the UK on another visa type, its worth noting that she will need to provide copies of her tax returns that show her income at a point in the process as a means of proving the income requirements. If her US tax affairs are not in order, the she should take the time now to sort them out. 

As an anecdote, half a lifetime ago, when I was moving back to the US and sponsored my wife, the person in front of me in the queue at the US Consulate had her application rejected because she did not include tax returns even though she argued she was below the filing threshold for married filing separately - she was a stay at home mother here in Aus. That argument didn't go down the way she had hoped and would have introduced significant delays.


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## Yumler7Gr8 (Feb 20, 2020)

Moulard said:


> Unless she has a US job that meets the income requirements for the state you intend to live in she will need a co-sponsor(s) with US sourced income that meet the requirements.
> 
> It sounds like she is in the US, but in the event she has been in the UK on another visa type, its worth noting that she will need to provide copies of her tax returns that show her income at a point in the process as a means of proving the income requirements. If her US tax affairs are not in order, the she should take the time now to sort them out.
> 
> As an anecdote, half a lifetime ago, when I was moving back to the US and sponsored my wife, the person in front of me in the queue at the US Consulate had her application rejected because she did not include tax returns even though she argued she was below the filing threshold for married filing separately - she was a stay at home mother here in Aus. That argument didn't go down the way she had hoped and would have introduced significant delays.


How many tax returns does she need to provide? We lived in China in 2018 for one year, not aware of any tax returns she did then! If we had a co-sponsor (my father in law) who would sponsor me fully instead of my wife, would her tax returns be taken into account, rather than hers?


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## Moulard (Feb 3, 2017)

https://www.uscis.gov/i-864




> For ALL sponsors:
> 
> A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.


All sponsors include the petitioner (i.e. your spouse)


Sponsorship Affidavit instructions...

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

The sponsor and/or co-sponsor then need to provide sufficient evidence to show that their income is enough to meet the relevant 125% poverty level threshold for their household plus those being sponsored. If they are using their income, then the three most recent tax years, are used to show evidence of that income.

the link at the top give a checklist on it..


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## twostep (Apr 3, 2008)

Yumler7Gr8 said:


> How many tax returns does she need to provide? We lived in China in 2018 for one year, not aware of any tax returns she did then! If we had a co-sponsor (my father in law) who would sponsor me fully instead of my wife, would her tax returns be taken into account, rather than hers?


Why do you not go through the links provided? 

Wife is your sponsor and needs three years regardless of income. In-laws cannot sponsor you only provide financial backing as cosponsors and have to provide three years of tax returns. IRS.gov is your source on how to file as expat.

Affidavit of Support poverty limits went up to 150% https://www.uscis.gov/i-912p. Rely on the official sites only.

Are you aware of what you assume as given from your in-laws?


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## Bevdeforges (Nov 16, 2007)

If you decide to go for a US visa for you, yes, she will have to provide three years worth of tax returns. Depending on her situation (i.e. does she work? does she have significant financial accounts in her own name) there is a really good chance that she owes no US income tax. What she can do is to file those back forms under the Streamlined Compliance program - which would basically just "prove" that she owes no taxes in the US - and then she has the necessary documentation to sponsor you.

The one caveat to all this is that, should she get her UK visa (for which you will have to show that you have adequate income to support her - check in with the British section here for details on that) she would be on the IRS radar and probably would be well advised to continue filing from the UK. 

Otherwise, you can wait until you have the results of her UK visa application before doing the back filings. If you decide to go to the US then she will have to get caught up on her US tax situation before she can sponsor you for a visa/Green Card. The IRS info on the Streamlined Compliance program starts here:
https://www.irs.gov/individuals/international-taxpayers/streamlined-filing-compliance-procedures


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