# Moving to USA w/stepson - college???



## gbusa (Nov 8, 2013)

Hi all,

Am after some initial advice!

I married my American wife in California six years ago and we moved immediately to the UK.
My wife now has UK citizenship.
I have a son from a previous marriage who is now 14 and a three year old daughter with my wife.
My wife wants to return to California this time next year to start our daughter in school, and the plan is for me to move a year later when my son has finished his GCSE's.

q. My wife, myself and daughter will move in with my wife's retired parents, what will the criteria be for my wife/parents being able to sponsor me (I work for a very large medical company and they are willing to help me move to a job in California (San Jose if possible), but this is obviously not guaranteed so will I be able to move with no work lined up)?

q. We have looked at college/uni fees if my son comes out after his GCSE's and have baulked at the cost. Is there a more cost effective way for my son to be able to move with us and continue studying in the US, other than having to pay full non-resident fees?

q. Are there any disadvantages of my wife moving out a year before me?

q. Is there anything we should be putting in to place now to increase the likelyhood of this working out, or things we should be aware of?

Thank you in advance!


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## twostep (Apr 3, 2008)

At this point you have the option od DCF (direct consular filing) which is the easiest spousal visa.

Junior will be able to use in-state tuition if he is on your Green Card application and you have resided in state for a year. Why do you plan to keep him in the UK when he is supposed to go to college in the US anyway?

You have reported birth abroad for your daughter and your wife has filed US taxes?

HELP OUT THERE - is the cut off 18 or 21? I think it is 21.


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## gbusa (Nov 8, 2013)

twostep said:


> At this point you have the option od DCF (direct consular filing) which is the easiest spousal visa.
> 
> Junior will be able to use in-state tuition if he is on your Green Card application and you have resided in state for a year. Why do you plan to keep him in the UK when he is supposed to go to college in the US anyway?
> 
> ...


Thanks.

1. Plan was to take junior out after his GCSE's to do a year in high school, and then do junior college, but college fees are a lot more than I had expected. Do I apply for a green card at the same time as a spousal visa? Can I reside in the US and send him to high school for that first year, then get in-state tuition the following year?

2. Am just going through the forms now to register my daughters birth and apply for US citizenship.

3. Wife hasn't been filing taxes. Something else on my 'to do list' over the coming months (she earns well below having to repay any taxes).


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## BBCWatcher (Dec 28, 2012)

gbusa said:


> Do I apply for a green card at the same time as a spousal visa?


You receive the green card after you arrive. The visa is for entry.



> Can I reside in the US and send him to high school for that first year, then get in-state tuition the following year?


That sounds like a great idea.



> 2. Am just going through the forms now to register my daughters birth and apply for US citizenship.


Good, because....



> 3. Wife hasn't been filing taxes. Something else on my 'to do list' over the coming months (she earns well below having to repay any taxes).


As a friendly tip, you wife could actually end up with free money from the IRS. Unfortunately she's probably missed out on some of that free money, but some is still available for a couple past tax years and going forward. Here's how it works:

1. She should run a tax calculation ignoring the Foreign Earned Income Exclusion but taking the Foreign Tax Credit and, especially, taking the Additional Child Tax Credit (if she qualifies) and any other available tax credits. Then see what she gets. There's a strong possibility the answer will be "free money from the IRS" through that calculation path. If so, file, collect the free money, and save it. 

2. If #1 doesn't work, she'll need to file anyway in order to sponsor your spousal visa. (USCIS wants to see a few years of U.S. tax filings.) She can run another tax calculation using the Foreign Earned Income Exclusion and see what she gets.

3. She should make sure she's filing FBARs (FinCEN Form 114) if she's required to.


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## Davis1 (Feb 20, 2009)

21 yes 

if the wife goes first ..she establishes domicile 
then files for a spousal visa 

which takes about a year 

spousal visa 
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


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## BBCWatcher (Dec 28, 2012)

Davis1 said:


> if the wife goes first ..she establishes domicile
> then files for a spousal visa
> which takes about a year


This information is misleading. There is no requirement for the U.S. citizen to spend one year in the U.S. apart from his/her foreign spouse. _Some_ period of time, in some circumstances, possibly. But certainly not during the USCIS Form I-130 part of the process.


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## Davis1 (Feb 20, 2009)

read properly ..it does not say that ..an IR1 takes around a year 
also reads the OPs statement where he wants to wait a year


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## BBCWatcher (Dec 28, 2012)

I said your post was misleading as written, Davis1. I stand by that assertion, and I'm glad I was able to disabuse readers of the conclusion they would understandably draw from what you wrote as you wrote it.

I'll repeat. "She establishes domicile then files for a spousal visa" is simply not a requirement. There is no requirement that the sponsoring spouse have U.S. domicile in order to file USCIS Form I-130. After Form I-130 is approved there _might_ be a requirement for the sponsoring spouse to have U.S. domicile, but that's highly situational.


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## Bevdeforges (Nov 16, 2007)

As I understand it, it's not so much the issue of domicile, but rather of establishing the necessary income and residence in the US that is required to "sponsor" the spouse. If the wife is not able to show the necessary income for sponsorship the parents can step in (but obviously have to have sufficient income to cover the household). 

One other caveat - if your son is going to be go over to the US as your dependent, you'll need to provide whatever documents are relevant regarding your custody of him (i.e. permission from his mother if she is still alive, or the appropriate documents if she isn't).
Cheers,
Bev


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## twostep (Apr 3, 2008)

Clean up tax return issues, get UK and US passports for the respective kid(s), clear potential custody requirements regarding the older kid, collect documents to file DCF, prepare in-laws to sponsor AoS or get assets lined up to self-sponsor.

I do not understand OP's reasoning behind staying in the UK until his son finishes GCSE. He will be missing out on vital things - getting used to the US school system, building a peer network, having the extra curricular activities experiences (which are part of admissions decisions everywhere but at proprietary institutions), potential scholarships, classes accepted as college credit hours ... 

My question - does GCSE evaluate to High School diploma? Is OP familiar with the application/admission process of US secondary education?


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## gbusa (Nov 8, 2013)

Thank you to everyone for your responses.

If my wife files DCF in this country, if it is 'approved', what does this actually mean?
What does it enable me to do, and does it have an expiry (ie. if my wife starts this process and it is approved, she then moves to the US in 12 months and I follow her 12 months later, is it still 'valid')?

There are several reasons why my son must finish his GCSE's, not least is it is a safety net in regards to having qualifications (we have no idea how things will pan out in the US and if he decides to return he needs to have relevant UK qualifications). My wife thinks that high school in the US finishes a year after here in the UK and could do the final year of high school?

I will have permission from my son's mother to take him to the US.

Just to be clear on what my next steps should be:

1. Sort out wife's last five years of tax returns (mislaid my list of forms for this, advise please?)
2. Register daughters birth and apply for US passport and Social Security Card (DS-2029, DS-11 & SS-5)
3. File DCF (CR1 or IR1?)
Do I need to file I-130?

When does the sponsor requirement come in to play, is it once my wife returns to the US next year? What kind of amount of savings would be acceptable to cover this?

Would I apply for a green card when I plan to move out, and is it correct that if my son is on my application then he may be able to receive resident status for the purpose of college fees?

Thanks again, so many questions, I feel I should have started inverstigating this more some time ago.


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## BBCWatcher (Dec 28, 2012)

gbusa said:


> If my wife files DCF in this country, if it is 'approved', what does this actually mean?


In this case your wife has filed USCIS Form I-130 (and related attachments), USCIS has approved that form, and you are cleared to apply for an immigrant visa (IR-1 or CR-1) with the U.S. State Department's NVC. You are not required to apply immediately after I-130 approval, and you can keep your I-130 approval active by contacting the National Visa Center at least every 12 months.

You must have your IR-1 or CR-1 visa in hand to immigrate to the United States. That could be after your wife lands there or, in some cases, on the same airplane with your wife.



> 1. Sort out wife's last five years of tax returns (mislaid my list of forms for this, advise please?)


IRS Form 1040 (plus related attachments -- and there are often many) and, most probably, FinCEN Form 114. Remember this is _her_ responsibility. She's the U.S. citizen. You can assist if she's willing to accept the assistance, but she has the legal responsibility, not you.



> 2. Register daughters birth and apply for US passport and Social Security Card (DS-2029, DS-11 & SS-5)


Yes, that's correct. Again, that's _your wife's_ responsibility with your participation.



> 3. File DCF (CR1 or IR1?)
> Do I need to file I-130?


Your wife does, yes. USCIS Form I-130 and related attachments, including payment.



> When does the sponsor requirement come in to play, is it once my wife returns to the US next year? What kind of amount of savings would be acceptable to cover this?


After the Form I-130 approval, when you apply for a visa. She can be your and your minor son's financial sponsor if _she_ can demonstrate sufficient income (at least 125% of the U.S. federal poverty line for the household size) or sufficient wealth (varies depending on household size).



> Would I apply for a green card when I plan to move out, and is it correct that if my son is on my application then he may be able to receive resident status for the purpose of college fees?


After the Form I-130 approval you apply for an IR-1/CR-1 visa (with your wife's financial sponsorship) and your minor son applies concurrently with you. Get the visas approved, then you go to the U.S. (within the visa time limit -- there is a hard deadline at that step). You receive green cards shortly after you arrive in the U.S. when you complete formalities there.

In-state tuition rates at public universities are set by each state according to their own rules. Another poster mentioned that California requires one year of state residence (presumably pre-enrollment) before you qualify for in-state tuition rates at their public universities. I trust that's accurate, but check that if you wish.


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## BBCWatcher (Dec 28, 2012)

I'll add one more thing. When your son, as a U.S. resident, reaches age 18 (or if he arrives when he's 18 or older) he'll need to register with U.S. Selective Service. It takes just a few minutes online. If he doesn't do that then there are some limitations on his university experience and potentially post-university experience, notably he'd be ineligible for most student loans.

The United States has not had a military draft since the very early 1970s, but it does require all its young male citizens, nationals, and residents (legal or not) to register their whereabouts.

Of course when you and your son become U.S. residents you'll then be U.S. (and state) tax residents as well, so you'll have your own tax filings. That could very well be a joint tax filing with your wife -- usually the most advantageous way to file. If you ever decide to leave the U.S. then you have to take specific action to "check out" of the U.S. tax system. You'll also have your own FinCEN Form 114 filing responsibilities, probably.


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## gbusa (Nov 8, 2013)

Thank you for the response, things getting a little clearer now.

Just to confirm (and I know I would need to check), potentially, my son could do the lasy year of US high school, and this could count towards his one year residency qualifying period for in-state tuition (so long as he is on my green card/visa application)?


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## EVHB (Feb 11, 2008)

Look at the prerequisites that the university asks before you can apply. Make sure he gets all the needed credits at the right level. We moved with a son in grade 11, which was kind of a trick because one high school didn't want to give him the credits up to grade 10, so we had to switch to another high school who gave him all the credits. He could apply at university and got accepted in all universities.


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## gbusa (Nov 8, 2013)

EVHB said:


> Look at the prerequisites that the university asks before you can apply. Make sure he gets all the needed credits at the right level. We moved with a son in grade 11, which was kind of a trick because one high school didn't want to give him the credits up to grade 10, so we had to switch to another high school who gave him all the credits. He could apply at university and got accepted in all universities.


Thank you.

Was this grade 11 (UK)?


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## EVHB (Feb 11, 2008)

As in the US, the second to last year of high school aka the Junior year.


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