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Any I-130 DCF September/ October filers ?

Any I-130 DCF September/ October filers ?

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Old Nov 26th 2010, 4:14 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by ian-mstm
Yes, that's all true.



You won't either! The US government almost never posts what you are allowed to do... only what you're not allowed to do! If you can't find it, the restriction doesn't exist.

Once your USC husband posts the I-130 to London and it is accepted, he is free to return to the US... and no need to notify anyone. Why? Because all correspondence remains within the UK... none of it goes to the US first and then back to the UK. Unless he's on the sex offender list, a USC is not obligated to tell the US government when he moves and where he lives.

Ian
Hmm..ok, I guess we don't have to send the letter then, although I thought that most of the correspondence from now on will be addressed to me. Or I thought we could tell them in this letter to send all correspondence to my London address anyways, but it would be good for them to know he is there so that he doesn't have to prove his domicile with other papers later on...but we will cross that bridge when we get to it, the important thing is that he is free to go now, thanks
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Old Nov 26th 2010, 4:27 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by katq
... it would be good for them to know he is there so that he doesn't have to prove his domicile with other papers later on...
He'll needs to demonstrate domicile when he files the I-864. You telling them at this juncture, doesn't magically release him of the obligation to demonstrate domicile at some point in the future! In other words, there's no advantage to telling them now.

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Old Nov 26th 2010, 7:48 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by katq
Hi there: We also filed in London at the beginning of November, but on the email Notice of Receipt of Petition it is written that the USC is required no notify them in case of address change:

"Address change – If the U.S. citizen petitioner’s and/or beneficiary’s address changes; the U.S. citizen is responsible for sending a signed letter of the address change to this office at the address listed on the heading of this notice."

My husband is the USC and he is going back to the states in a couple of days so we are planning to send them a signed letter about this...
IMO, this is referring to a mailing address. If you are still receiving mail for your husband at your UK address, that is fine. USCIS is not interested in his physical whereabouts and where he is has no bearing on the adjudication of the I-130 petition.

Originally Posted by C_C
I have no experience on that and I hope that someone more experienced will be able to advise katq. But if their petition has been accepted for DCF in London, is there any case that they may want to transfer it to the US if they get notified that the petitioner is moving to the US?
In other words, is it safe for katq and her husband to let them know about the move now, before they are granted I-130 approval, when their I-130 is being processed in London on the understanding that the petitioner's principal residence is the UK?
USCIS London will not transfer a petition anywhere. If they accept it for processing, they will adjudicate it there. If they decide that the petitioner does not meet the requirements for filing in London, they return the entire package + fee to the petitioner with the advice to file in the US. This has happened several times to BE posters.


Originally Posted by katq
Hmm..ok, I guess we don't have to send the letter then, although I thought that most of the correspondence from now on will be addressed to me. Or I thought we could tell them in this letter to send all correspondence to my London address anyways, but it would be good for them to know he is there so that he doesn't have to prove his domicile with other papers later on...but we will cross that bridge when we get to it, the important thing is that he is free to go now, thanks
Your USC petitioner must be domiciled in the US or show intent to do so, as a requirement for form I-864, which is part of the visa application, which is handled by a completely different department than handles the petition.
USCIS London doesn't 'care' where your petitioner is domiciled.
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Old Nov 30th 2010, 9:10 am
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by ian-mstm
He'll needs to demonstrate domicile when he files the I-864. You telling them at this juncture, doesn't magically release him of the obligation to demonstrate domicile at some point in the future! In other words, there's no advantage to telling them now.

Ian
Thanks Ian: my husband left for SF this morning (sob sob). Hopefully he will get a job soon and by the time we need to submit the Affidavit of Support, he will be able to be my sponsor. Do you know what particular evidence they will need from him to prove his US domicile provided that he will be living there from now on (hopefully working too) - proof of address, employment letter (if there is one), this kind of thing?
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Old Nov 30th 2010, 11:52 am
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by katq
... and by the time we need to submit the Affidavit of Support, he will be able to be my sponsor.
He is your USC spouse... he must be your sponsor, even if he doesn't qualify financially.


Do you know what particular evidence they will need from him to prove his US domicile provided that he will be living there from now on...
The simple fact that he returned to the US to live is sufficient proof of domicile.

Ian
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Old Nov 30th 2010, 11:59 am
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by ian-mstm
He is your USC spouse... he must be your sponsor, even if he doesn't qualify financially.



The simple fact that he returned to the US to live is sufficient proof of domicile.

Ian
I know he needs to submit the sponsorship form: what I meant is that he should be able to sponsor me on his own if he gets a new job.

Doesn't he need some sort of physical evidence that he lives there or simply putting a US address in the form is going to be enough?
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Old Nov 30th 2010, 12:06 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by katq
I know he needs to submit the sponsorship form: what I meant is that he should be able to sponsor me on his own if he gets a new job.
There is always a risk that, with a new job, the officer may not consider it sufficient. It wouldn't hurt to have a joint sponsor available in case that happens.


Doesn't he need some sort of physical evidence that he lives there or simply putting a US address in the form is going to be enough?
For the I-864, he'll need to provide a US address. If his passport was stamped on return to the US, that'd be sufficient "official" proof that he has returned.

Ian
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Old Nov 30th 2010, 1:07 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by ian-mstm
There is always a risk that, with a new job, the officer may not consider it sufficient. It wouldn't hurt to have a joint sponsor available in case that happens.
Ian
Thanks again, it is very helpful to know the stamp in the passport will suffice so I wouldn't worry so much about the domicile now.

The only thing I am not sure about is the Joint Sponsorship - if we do get one of his relatives to be a joint sponsor isn't the joint sponsor supposed to cover the full amount required or can they combine their income with the sponsor (my husband)? And even my savings? (combined with my husband's)
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Old Nov 30th 2010, 2:25 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by katq
The only thing I am not sure about is the Joint Sponsorship - if we do get one of his relatives to be a joint sponsor isn't the joint sponsor supposed to cover the full amount required or can they combine their income with the sponsor (my husband)? And even my savings? (combined with my husband's)
I believe it is all explained in the I-864 instructions.

Short answer is that if a joint sponsor is needed, the joint sponsor must earn enough on his own, for his own household size plus the immigrant. (i.e., the joint sponsor does not combine his income with your husband's income, nor with your savings).

That said, if your savings is significant, it can be used as an asset either alone or in combination with your husband's income. Assets need to be 3x the amount you would have needed in income.

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Old Dec 2nd 2010, 1:18 pm
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Default Re: Any I-130 DCF September/ October filers ?

They've further updated the website and now they are processing the information from the 15th September!!!!!!!! I hope christmas doesnt slow them down
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Old Dec 2nd 2010, 1:27 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by viddy
They've further updated the website and now they are processing the information from the 15th September!!!!!!!! I hope christmas doesnt slow them down
It is horrible, it means that I am going to be apart from my husband for a very long time (
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Old Dec 2nd 2010, 2:21 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by katq
It is horrible, it means that I am going to be apart from my husband for a very long time (
Longer than 14 months? That's how long I was apart from my fiance while going through the K-1 process.

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Old Dec 2nd 2010, 3:33 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by Noorah101
Longer than 14 months? That's how long I was apart from my fiance while going through the K-1 process.

Rene
oh boy...that really sucks...i read here that the immigrant visa processing through london takes around 6 months and that sounds like too long already...
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Old Dec 2nd 2010, 5:37 pm
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by katq
oh boy...that really sucks...i read here that the immigrant visa processing through london takes around 6 months and that sounds like too long already...
See, it helps to put things into perspective.

Rene
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Old Dec 3rd 2010, 10:54 am
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Default Re: Any I-130 DCF September/ October filers ?

Originally Posted by Noorah101
See, it helps to put things into perspective.

Rene
I guess so)
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