PootleK

Hi all

Facts:
US citizen husband
Me UK citizen.
I-130 sent off in October 2013 to AZ.

Just heard that the I-130 has been transferred to the Texas Service Center which is processing from September, so shouldn't be too long to wait.

My problem is this. I've just managed to land an awesome contract (I'm owner/director of my own company) which will make us quite a bit of cash over the next year - 18 months.

Is there any way to delay the visa petition when it goes through the NVC? For instance could I not send the documents they need for 6 months if I let them know I'm still gathering documents?

I really don't want to become a perm resident whilst running this contract (cough!taxes!cough) so am wondering whether it would be better to delay at NVC or abandon this application and get DH to resubmit I-130 at the end of this year and start again?

Any advice?

Cheers

Pootle

BunnyGirl

If they're processing from September then you've got approximately 6 months before they approve your petition (although it's impossible to predict any immigration timelines with much accuracy). It will then take a few months for your petition to go through NVC before it arrives in London and then a couple of months for you to apply and receive your visa. So that's already 10 months gone.

I believe you can delay the visa process for up to a year (as long as you keep the embassy informed).

There's also nothing to stop you from flying to the US, getting the I551 stamp in your passport, then turn around and fly back to the UK, as long as it's only for a couple of months to tie up loose ends etc.

Given all that, I don't see any need for you to abandon your current I130

ian-mstm

You don't need to delay the petition... just delay the visa. Once you're contacted by the US Consular Service in London, you have up to a year to respond.

Ian

PootleK

Awesome - thanks Ian and Bunny!

Hotscot

Would your tax rate be higher anyway? Just curious.

PootleK

Hotscot, yes - it's about my Limited company and certain lump sums that are available tax free under UK tax law. If it was just personal taxation then you're right, it wouldn't matter.

JAJ

Although as far as I am aware, that usually triggers the start of tax residence in the United States, at least for federal purposes.