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July/August I-130 DCF filers come here!

July/August I-130 DCF filers come here!

Old Sep 13th 2010, 4:05 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by ian-mstm
I did.



Then I guess you don't understand the meaning of the word "domicile". It is not the same as "I have a place to live".

Ian
BUt I do have my house for sale here, a bank account there, all I can say is we do intend to move as soon as we can. I will move with my husband when his approval comes. If I absolutely had to go first, I would ,but then we wouldn't be filing here.My understanding is that to prove your intent to domicile you should be looking for a place to rent (obviously not necessary) or looking for schools for your kids (also not necessary). I think , in the end, proving we have sufficient finances for our move and 5 years financial upkeep
will hopefully be enough.
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Old Sep 13th 2010, 4:13 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by jillp
BUt I do have my house for sale here, a bank account there, all I can say is we do intend to move as soon as we can. I will move with my husband when his approval comes. If I absolutely had to go first, I would ,but then we wouldn't be filing here.My understanding is that to prove your intent to domicile you should be looking for a place to rent (obviously not necessary) or looking for schools for your kids (also not necessary). I think , in the end, proving we have sufficient finances for our move and 5 years financial upkeep
will hopefully be enough.
ian-mstm never appears to post particularly helpful posts.

i don't see how you could possible do more than you are doing to prove intent to domicile. selling your current house, and being in the process of building your new how would appear to me as though you have serious intent to domicile.

besides, the whole thing is daft. if you are in a proper marriage, why on earth would you get a green card for your spouse so that you can stay here and he/she can move over to the states without you?

anyway, good luck with it all and I am sure you will be fine
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Old Sep 13th 2010, 4:48 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by jillp
If I absolutely had to go first, I would ,but then we wouldn't be filing here.
You're confusing two separate requirements. You get to file in London because you are eligible to file there. Once your application is accepted, you can leave the UK. Indeed, if that happens (for whatever reason) the issue of domicile becomes moot.

I will add here, that the issue of domicile has nothing to do with the I-130... it all has to do with the I-864 affidavit of support that YOU as the USC sponsor, must complete.

Ian
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Old Sep 13th 2010, 4:52 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by shayward
ian-mstm never appears to post particularly helpful posts.
I guess I've just hung around here for 13 years because I like to be unhelpful. Go figure! Perhaps there's something more useful that I could do with my time.


if you are in a proper marriage, why on earth would you get a green card for your spouse so that you can stay here and he/she can move over to the states without you?
She is petitioning for an immigrant visa... not a green card. Once hubby has an IV, he can NOT move to the US without her accompanying him or being there ahead of him.

Ian
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Old Sep 13th 2010, 4:56 pm
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Default Re: July/August I-130 DCF filers come here!

Caveat: The Moderatrix is grumpy this morning.
Shayward, in reply to your post, I *could* say "shayward appears to be a clueless noob". That would be rude, wouldn't it?!
Your comment about Ian is the same. Perhaps you have not learned to find the help in Ian's posts?

Originally Posted by shayward
ian-mstm never appears to post particularly helpful posts.

i don't see how you could possible do more than you are doing to prove intent to domicile. selling your current house, and being in the process of building your new how would appear to me as though you have serious intent to domicile.

besides, the whole thing is daft. if you are in a proper marriage, why on earth would you get a green card for your spouse so that you can stay here and he/she can move over to the states without you?

anyway, good luck with it all and I am sure you will be fine
If you do not see how more could possibly be done in this individual's case, then perhaps you should sit back and read some more. Or think about "Why would these internet people bring up all these negatives for no good reason? They must really enjoy making stuff up to freak people out.".
You could also think, "Hey, these people have been here a long time. I'll bet they read all sorts of stuff and maybe even know something I don't.". You, afterall, are the person here asking for assistance, so you must give some credibility to what you're reading.

You may think it is daft, but there are couples who have done *exactly* what you say is ridiculous. Not all spouses live together. Some people try to defraud the situation. Some lawmakers decided it was important enough to the I-864 to require the petitioner to be living in the US too bring an immigrant over. SOME Consulates allow the USC to remain abroad until their spouse moves. SOME require the USC to move to the US to prove that is what they're doing.

I don't usually pull the 'number of posts' card, but I will ask you to please consider what I have written here, and that I have read several thousands more of case reports than you have.
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Old Sep 13th 2010, 5:24 pm
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Default Re: July/August I-130 DCF filers come here!

Well,I'm here to learn and get advice. What else need I do to prove I plan to move, except actually leave my hubby of 33 years and go live on my own, without my dogs, to prove my intent? I can't believe the country of my birth and upbringing would expect that of me. I guess I'll just have to wait, like the rest of those on this thread to see what our petitions bring.
I do look forward to sharing experiences and learning more...
Jill
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Old Sep 13th 2010, 8:34 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by jillp
Well,I'm here to learn and get advice. What else need I do to prove I plan to move, except actually leave my hubby of 33 years and go live on my own, without my dogs, to prove my intent? I can't believe the country of my birth and upbringing would expect that of me.
It's not really that drastic. Part of the requirement for filing an I-864 is that the USC must live in the USA. Since you currently live abroad, they are being nice in giving you some leeway. Instead of forcing you to actually live inside the USA borders when you submit the I-864, they are allowing you to show that you have every intention of living in the USA in the near future. They are actually going overboard to help you qualify, they are not trying to keep you apart, they're allowing you to stay together.

If, by some chance, you get a very picky ConOff who does not accept your proof of intent to domicile, then you come to the USA, send back proof of such to your hubby, he turns it in and within a couple of weeks gets the immigrant visa approved and comes over to be with you in the USA. It's not like they're telling you to spend years apart.

Rene
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Old Sep 13th 2010, 9:19 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by jillp
Well,I'm here to learn and get advice. What else need I do to prove I plan to move, except actually leave my hubby of 33 years and go live on my own, without my dogs, to prove my intent? I can't believe the country of my birth and upbringing would expect that of me. I guess I'll just have to wait, like the rest of those on this thread to see what our petitions bring.
I do look forward to sharing experiences and learning more...
Jill
There are several threads on the topic, the links in the wiki entry (link in my signature) and a wiki entry specifically on re-estabilishing domicile if you need some more ideas.

The petition is not affected by where the USC lives (other than, you get to file it in the shorter line at your local Consulate if living outside the US).

The time this will come up as an issue is at the visa interview, when presenting the I-864. The point in bringing it up now is so you can prepare appropriately for the interview and get the visa in the first go at it.
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Old Sep 14th 2010, 6:23 am
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by C_C
Just came back from holidays and realized that the London Embassy is still processing the 16th of June - argh!
Thought it would pick up in September and by normal turnaround times, they should have been processing July by now, but it looks like it's been exceptionally slow this summer and hasn't really picked up so far
So with an August 9th filing date, I was hoping our I-130 would be processed sometime in October, but if it goes on like this, we'll be lucky if we're touched in November - double argh!
So just to try and steer this thread back on topic ....

I saw this too and was a little surprised. Then i thought "maybe it's backed up somewhat because everyone has been on summer hol's at the embassy"...what does everyone think to this? Those (mod's) with way more experience...is it normal to see a backlog over summer as people either take holiday at the embassy/have more time on their hands so petition? Is it normal to then see this backlog worked through more quickly through Sept/Oct or, as C_C is suggesting, are we now in for a typically longer wait for us Aug/late Aug filers?

Any thoughts on this peeps?
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Old Sep 14th 2010, 6:31 am
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by krosfyah
So just to try and steer this thread back on topic ....

I saw this too and was a little surprised. Then i thought "maybe it's backed up somewhat because everyone has been on summer hol's at the embassy"...what does everyone think to this? Those (mod's) with way more experience...is it normal to see a backlog over summer as people either take holiday at the embassy/have more time on their hands so petition? Is it normal to then see this backlog worked through more quickly through Sept/Oct or, as C_C is suggesting, are we now in for a typically longer wait for us Aug/late Aug filers?

Any thoughts on this peeps?
The mods will know better of course, but from what I've heard from previous years, there's always a backlog in July/August (a combination of more applications over the summer and of staff taking time off). Usually though, it tends to clear up during the month of September, and by early October timelines are usually back to normal. So we shouldn't be in for a much longer wait according to that. But it seems like this time they're still very much behind and it doesn't seem that the backlog has started to clear at all
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Old Sep 14th 2010, 12:46 pm
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Default Re: July/August I-130 DCF filers come here!

Originally Posted by jillp
I can't believe the country of my birth and upbringing would expect that of me.
With respect, if you were marrying a USC it wouldn't even be an issue. Your husband, however, is not a USC - your choice, by the way - and so there are requirements that you must meet in order for him to successfully immigrate.

While I agree that US immigration laws are Draconian, the rules apply to everyone equally. The US is giving you a way to meet the requirements even while living outside the US - also your choice, by the way!

Ian
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Old Sep 14th 2010, 4:14 pm
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Default Re: July/August I-130 DCF filers come here!

The Morning Mod sez:

There IS no backlog, it is a figment of your imaginations. Fussing over the I-130 processing in London is like fussing at the water meter reader. You know he's going to come every month, and you'll get a piece of mail afterward; it's no use wondering at 10am why he hasn't been there yet.
(Morning Mod needs another coffee!)

Please, all, do NOT fuss about what's happening with I-130s. What I can tell you after watching London closely for the past way too many years is that the process takes 4-6 months with almost every case coming in at exactly 5 months. I don't know how they do it, but they do.

Spend this time preparing everything you need for the interview. If all of that is ready, and you have completed your own 'shadow copy' file (a copy for yourself of everything submitted), then start packing. If you are done packing, take your mother out for lunch.
Really, the I-130 can not be controlled, monitored, influenced and it can not do any of those things to the rest of your future case. Meditate over 'it only takes 8 weeks instead of 6 months!', smile and be satisfied. All this is true.
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Old Sep 16th 2010, 5:27 am
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Red face Re: July/August I-130 DCF filers come here!

[QUOTE=meauxna;8847797]The Morning Mod sez:

"There IS no backlog, it is a figment of your imaginations. Fussing over the I-130 processing in London is like fussing at the water meter reader. You know he's going to come every month, and you'll get a piece of mail afterward; it's no use wondering at 10am why he hasn't been there yet. "

Well, you were right, I did get get the bill(ie fee taken from my credit card).Should have known that being allowed to pay would be the LEAST of my worries....
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Old Sep 16th 2010, 4:23 pm
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Default Re: July/August I-130 DCF filers come here!

[QUOTE=jillp;8851978]
Originally Posted by meauxna
The Morning Mod sez:

"There IS no backlog, it is a figment of your imaginations. Fussing over the I-130 processing in London is like fussing at the water meter reader. You know he's going to come every month, and you'll get a piece of mail afterward; it's no use wondering at 10am why he hasn't been there yet. "

Well, you were right, I did get get the bill(ie fee taken from my credit card).Should have known that being allowed to pay would be the LEAST of my worries....
woohoo! You're on the way now.
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Old Sep 17th 2010, 6:33 am
  #90  
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Question Re: July/August I-130 DCF filers come here!

Not so quick question, maybe a little off topic, but while we wait for our I-130 to be approved, will there be any trouble taking a short holiday in the US for my husband?
We need to visit to check on our house build and while there might be able to gather some more evidence for my intent to domicile. I'd rather go with him than on my own. We'd have return tickets. My job is still here. Would we need to bring proof of something?
Would immigration even know yet that we'd filed an I-130?
My husband has an ESTA from last year, would we even need to mention our petition, or treat it as a normal holiday?
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