ukexpatmrsa

Hello everyone,

I am new to this site and feel that this site got great information on DCF filing however I didn't come across any post that answered my question so here it is.

I am the US spouse of my UK hubby and I got a spouse visa back in 2011 and got my first entry clearance on July 23rd of 2011;however, due to my education I could not come back to UK permanently till August 14th 2013. Also we took a vacation for a month and went outside of UK for a month. Is this going to affect our DCF filing timeline.

So my question is can I apply for the DCF filing on Feb14th, given that my hubby and I went outside of UK on holidays for a month?
Please help

Noorah101

Yes, you can apply. Most likely it will be approved. The month away was just a vacation.

I'm not sure I would put it down to the day exactly at the 6-month mark. Maybe wait an extra few weeks after your 6-month mark, just to be clear you've been there long enough.

Rene

Noorah101

I guess I should ask....what is your current status in the UK? I know you said you got a spouse visa in 2011, and then re-entered the UK in 2013. What's your current status?

Rene

ukexpatmrsa

First of thanks so much for your quick and helpfulmessage.

Currently I am waiting to hear regarding my spousal visa extension. My Spousal visa from 2011 expired in November so I had to reply for FLR(M) currently waiting a decision.

Also Noorah when I am ready to apply how many income tax returns do I have to show as I will only have joint income taxes from 2012 and 2013, previous years I had no jobs I am strictly a student.

Noorah101

As a USC, you are required to file a US income tax each year that you have enough income to require filing, no matter where in the world you live.

Typically you need to provide the most recent US tax return, but the ConOff can ask to see the most recent 3 years. If you earned under the income level required to file a tax return, provide a written statement saying so, and provide the relevent IRS publication to support that.

How do you plan to meet the I-864 Affidavit of Support requirements?

Rene

ukexpatmrsa

I wanted to but my accountant tole me I don't need as I had no income. What is I-864 Affidavit of Support requirement?
I didn't find that under the I-130 packet?
Could you guide me so that my husband's application don't get rejected and he has a fair a good chance of getting green card?

ian-mstm

Google is your friend.


I'm not surprised - they don't really have anything to do with each other.


Check out our Wiki - in the blue bar at the top of each page. It's all in there.

Ian

ukexpatmrsa

Thank you so much for your guidance Ian!

ukexpatmrsa

I got a few questions regarding DCF filing. If anyone can help that would be great.
1. Can you visit US during your 6 month stay requirement before you apply for your spouse DCF.
2. Also can I use a sponsor like my dad other than me to fill out the affidavit of support form.
3. Since one of the requirement is for the US spouse to have a job to sow proof of income, can I go back to US to find a job right after I apply for my husband and he can come once he gets the envelop. Or do I have to be with him through the entire DCF filling ?

Sorry about all these questions.
The previous posts have been very helpful and I will be finding a way to file my 2010 and 2011 income taxes here at the London office as suggested by Noorah.

Thanks in Advance
Mrs A

Noorah101

Yes. As long as your permanent residence is the UK, and you are just visiting the USA.

As the USC spouse, you MUST complete an I-864. If you don't meet the financial requirements, you can use a joint sponsor. Your dad can be a joint sponsor if he meets the income requirements.

Where did you get this information? That is incorrect. It's not a requirement for the US spouse to have a job to show proof of income.

You can return to live in the USA as soon as you file the I-130. You do not have to remain with him during the whole visa process.

Rene

ukexpatmrsa

Thank you so much Noorah for your answers.

My mom is ill and wanted to visit her for 5-7 days or so. If I can go back I will just file my income taxes there then.

About the US citizen finding a job to show proof of income for the applicant. I read it under the evidence how you can show proof of income for the applicant. Is that info work? I believe I read it in the USC website perhaps.

Do I need to have a deed poll to show my name change? I do have my previous passport with my maiden name would that be enough or do I need a deed poll.

Thanks again for everyone's help!

Noorah101

That is just one option. There are others, such as the USC or UKC having income that will continue from the same source once inside the USA, or showing you have assets at 3x the amount lacking in income.

No.

Rene

ukexpatmrsa

Hello everyone,

Dear Nora I got another question for you if you don't mind. Can I apply for my spouse's DCF if I don't have my passport with me? Long story but basically my passport is with UKBA for my spouse visa extension. Can apply for him before I get it? Please let me know. You have been very helpful.

ian-mstm

If you have proof of your status as a US citizen other than your passport, yes... otherwise, no.

Ian

Noorah101

+1. Just read the I-130 instructions at www.uscis.gov, and follow whatever is required.

Rene