Covering my bases
 

Hello all -

I've been in Europe with my wife for about a year. We spent 6 months trying to get my immigration situated in the UK, gave up and moved to Ireland under EU free movement. I obtained an Irish residency and we set to move back to London to complete our "Surinder Singh" EU free movement journey.

In all their glory, the Home Office denied our application because they straight up ignored 80% of our evidence. Ugh.

We sent in an appeal, but we're looking at our options now. I'm American, she's British. I don't think I'd be eligible for a DCF as the Home Office rejected my claim - but what about sending an 1-130 based on my Irish residency? What would our wait be like?

I have a friend who just applied for her foreign spouse, and her lawyer said it could be 8 months processing to begin with.

What's my best course of action that will lead to the least amount of time apart? We're beginning to hate it here, god damn Tories tightening borders and being asses, and are thinking it might be best to jump ship and head to America.

Thank you in advance!!

Re: Covering my bases
 

Where do you actually live? Check to see if there is a USCIS field office there, and see if they accept I-130's there. If you've lived there more than 6 months, you can file directly and it should take 6 months or less.

If you have to file the I-130 to the USA, it will take around 8 to 10 months.

Rene

Re: Covering my bases
 

An I-130 submitted to the US will take around 8 months regardless of your nationality.

Re: Covering my bases
 

Realistically... about 8 or so months.


Yes, that's normal.


The visa process is likely going to take 8 or so months regardless of what you do. I suggest you immediately file an I-130 and go from there. The sooner you file, the sooner the whole process starts. You'll only need to be apart if, for some reason, you can't stay in Europe with your wife.


How amusing... you don't like the idea that the UK is tightening border controls, so you want to return to the US just when the US is also tightening border controls. The irony of that isn't lost! :)

At any rate, I suggest you download and read the I-864, I-864P, and the I-864 instructions. All 3 forms are available at www.uscis.gov.

Ian

Re: Covering my bases
 

Haha ian -

The irony isn't lost on us either! The USA are shits with borders as well, but it's bigger and has more opportunities.

If I were to file an I-130 now, though, I'd need a sponsor, correct? That's our only hangup. I don't really have anyone I can ask to sponsor - it's quite an intrusive thing, to ask for someone's tax records!

Thanks for the link, I know what I'm spending my day doing....sigh.

Rene - That's what I'm saying, we've bounced around in Europe. I have an Irish residency, but there's no field office there. I'm currently in London, but just had our application refused for me to stay here, and the shits confiscated my passport. That's why I don't think I could go the DCF route - plus the aforementioned issue of needing a sponsor.

Thanks all!!

Re: Covering my bases
 

You're a USC, you don't need a sponsor. It's your wife that would need a sponsor and you, as her husband, MUST do this, even if you don't meet the I864 requirements, either via income or assets (assets must be 3 x what is lacking in income).

However, if you CAN'T meet this requirements then your wife will also need a joint sponsor. This can be anyone (either LPR or USC) and over the age of 18, it doesn't have to be a family member.

Another option of course is for you to return to the US ahead of your wife, and find a job that meets the income requirements for the I864. Not ideal I'm sure but nevertheless an option.


Your US passport? Your Irish passport? Are they allowed to do that?!

Agreed it doesn't look like you can do DCF but see above re sponsor options.

Good luck! :)

Re: Covering my bases
 

Did they, in fact, confiscate it - or are/were they holding it pending a residency stamp? The former contravenes several international treaties, the latter does not. Regardless, you can request its return.

If you file an I-130, you will be required to show proof of US citizenship. That's usually done by a photocopy of either your US passport or a US birth certificate. You'll need one or the other to get past that first hurdle.

Ian

Re: Covering my bases
 

Hi Bunny - sorry should have paid more attention to my wording, I was indeed referring to a joint co-sponsor. I know that I am the primary sponsor. Also - I'm a woman, not a man. :) We were hoping to get me a job and THEN go over, but...yeah. Still not ideal.

Ian - I had to sent it in when we applied for my residency here, and they kept it. I wont get it back until they escort me through the airport to board a plane, which is completely ludicrous. They also shouldn't have kept it because I am an IRISH RESIDENT, for crying out loud! You can't request it back - you only have it returned to you as you board a plane, no exceptions.

Re: Covering my bases
 

I have a copy of my passport, though, and I also have my birth certificate.

I was told that you have to be working a solid 6 months over the financial threshold (if you are applying w/o a joint sponsor) by the time the non-USA goes to the interview - is that, in fact, true?

Re: Covering my bases
 

You are the sponsor - not the primary sponsor, insofar as there's no such thing as a secondary sponsor. There can be only one sponsor... and you're it! :) If you need someone to help financially, they will be a joint sponsor - not a co-sponsor. No such thing as a co-sponsor! :)

I know this seems like nit picking, but it helps to keep things straight and terminology is important so as to avoid misunderstandings.


Ah... no worries. We have many same-sex couples currently going through the visa process! So far, it's all been good news!


In that case, I suggest you return to Ireland and sort out the visa from there. :) Not ideal, but at least you'll have your passport - which, by the way, is property of the issuing government. You could, quite literally, make a federal case of it! :) Indeed, you may want to contact the US Embassy in London.


No, it's not true... never has been. You need to demonstrate only that you have income above the threshhold at the time the visa is issued. Of course, having a steady income certainly helps, but the visa won't be denied simply because you don't have 6 months of earnings to back it up.

Also, there's another way to skin the cat, so to speak - by using a combination of income and assets. If it's just the two of you, for example, you need to demonstrate income at $19,662/yr. If, for example, your income is only $16,000/yr. then that leaves a $3,662 shortfall. You can make that up with assets at 3x the amount... or $10,986. By the way, those are exact figures (see I-864P).

Ian

Re: Covering my bases
 

Oops, apologies! :)

Re: Covering my bases
 

Ian - Okay, nit-picking is fine by me. :) I understand the need to keep things straight, been dealing with immigration gumpf for far too long!

We've considered going back to Ireland to sort things out, but we aren't paying rent here, whereas there we'd have to, which is...annoying. I've also considered talking to the embassy about it, because the retention of my passport is VERY worrying, as the home office has LOST passports and original documents on a fairly regular basis.

As I'm sure you know, we couldn't even consider the USA as an option until DOMA was blasted in June of last year.

I am aware of the assets end of things - hopefully I can get a job making more than the threshold, here's hoping lol! We don't have quite enough in savings to subvert having a job entirely, unfortunately, or we'd be well on our way!

Re: Covering my bases
 

Hmm -- I note that there seems to be a same sex marriage here. I wonder if this is what caused the problems on the UK end of things? I know that in the US, the existence of same sex marriage for immigration purposes is but a year old. [My friend J Fong just completed the last of the rush of cases].

Re: Covering my bases
 

I am somewhat surprised that Ireland allows residency based on same sex marriage. Perhaps things have changed since I lived in Ireland but it is very socially conservative, and the Catholic church still hold considerable sway over the ruling classes.

At any rate, I wonder if your wife should just use the Nuclear option and attempt to adjust status while 'visiting' the USA.

Re: Covering my bases
 

Please note that it is illegal to enter the USA as a tourist if the real intent is to remain and adjust status. No one on here condones that method. The OP has a clear legal path to the USA, and should follow it.

Rene