British Expats

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-   -   DCF London Processing (https://britishexpats.com/forum/marriage-based-visas-35/dcf-london-processing-931937/)

os306 May 10th 2020 9:11 pm

Re: DCF London Processing
 
Based on Boris's speech yesterday evening, it looks like we are hopefully on track for the London USCIS Field Office to reopen on the 4th of June (or potentially even sooner?) I'm sure they will need to make a few changes in order to implement social distancing measures in the workplace. I wouldn't be surprised if this will translates into fewer appointments etc. at the Embassy itself, but I suppose we will find out soon.

matthews94 May 14th 2020 6:09 am

Re: DCF London Processing
 
Good news everyone! My I-130 petition was approved by the USCIS office in London in May 13th. We filed on March 4th and they are advising that the consulate will reach out within five weeks about the next stage. Things are moving along!

os306 May 14th 2020 6:22 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12853068)
Good news everyone! My I-130 petition was approved by the USCIS office in London in May 13th. We filed on March 4th and they are advising that the consulate will reach out within five weeks about the next stage. Things are moving along!

Woohoo, congratulations! It looks like the London Office sent out a few approvals today. They have also regained access to the Mail Room, so will be able to open any petitions delivered before the 31st of March and address any RFE responses. There is light at the end of the tunnel!

Stuwoolf, I'm expecting you will be hearing soon!

stuwoolf May 14th 2020 6:37 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12853068)
Good news everyone! My I-130 petition was approved by the USCIS office in London in May 13th. We filed on March 4th and they are advising that the consulate will reach out within five weeks about the next stage. Things are moving along!

Congratulations and Good Luck as you proceed thru the process. Please keep us all up to date.


Originally Posted by os306 (Post 12853073)
Woohoo, congratulations! It looks like the London Office sent out a few approvals today. They have also regained access to the Mail Room, so will be able to open any petitions delivered before the 31st of March and address any RFE responses. There is light at the end of the tunnel!

Stuwoolf, I'm expecting you will be hearing soon!

Just gotta wait and see how it goes. We filed on March 5th so hopefully we will hear something soon. Fingers crossed.

Thanksgiving in USA, thats what I promised my wife. Here's hoping.

​​​​​​⠀‹Good luck everyone.

stuwoolf May 14th 2020 6:50 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12853068)
Good news everyone! My I-130 petition was approved by the USCIS office in London in May 13th. We filed on March 4th and they are advising that the consulate will reach out within five weeks about the next stage. Things are moving along!

Do you have any idea of what the "next stage" entails?

os306 May 14th 2020 6:53 am

Re: DCF London Processing
 

Originally Posted by stuwoolf (Post 12853086)
Do you have any idea of what the "next stage" entails?

The next stage entails receiving the important LND number from the Immigrant Visa Unit. Only once you have this number in hand can you book your Medical appointment and the Embassy interview itself.

matthews94 May 14th 2020 6:59 am

Re: DCF London Processing
 

Originally Posted by stuwoolf (Post 12853086)
Do you have any idea of what the "next stage" entails?


Originally Posted by os306 (Post 12853092)
The next stage entails receiving the important LND number from the Immigrant Visa Unit. Only once you have this number in hand can you book your Medical appointment and the Embassy interview itself.

Just as os306 says, plus I have most of the paperwork ready to go for the interview so it'll be a case of getting an appointment for both the medical and interview. Hard to tell how far out those could be - there will be a backlog but the green card ban will also reduce the number of cases able to proceed.

stuwoolf May 14th 2020 7:24 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12853095)
Just as os306 says, plus I have most of the paperwork ready to go for the interview so it'll be a case of getting an appointment for both the medical and interview. Hard to tell how far out those could be - there will be a backlog but the green card ban will also reduce the number of cases able to proceed.

What do you reckon is required by way of paperwork?

Good point about the backlog and those who may be in line.

matthews94 May 14th 2020 8:50 am

Re: DCF London Processing
 
There's the DS-260 application form which is the main component, plus the required supporting documents which are listed on the embassy website. I've linked the page below! These include the police certificate which needs to be ordered in advance, original copies of all the documents included in the petition (passport, marriage certificate, etc), and the financial affidavit(s) proving that the sponsor(s) can support the beneficiary. There are more required documents listed so check out the list, plus some are only relevant in certain situations i.e. divorce certificates, military records.

Payment is taken at the embassy once you're there for the interview. The medical has to be completed before the interview as well.

https://uk.usembassy.gov/visas/famil...red-documents/

stuwoolf May 14th 2020 9:07 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12853145)
There's the DS-260 application form which is the main component, plus the required supporting documents which are listed on the embassy website. I've linked the page below! These include the police certificate which needs to be ordered in advance, original copies of all the documents included in the petition (passport, marriage certificate, etc), and the financial affidavit(s) proving that the sponsor(s) can support the beneficiary. There are more required documents listed so check out the list, plus some are only relevant in certain situations i.e. divorce certificates, military records.

Payment is taken at the embassy once you're there for the interview. The medical has to be completed before the interview as well.

https://uk.usembassy.gov/visas/famil...red-documents/

Thanks for sharing.

I think I already have the documents to hand. I received my Police Certificate about 6 weeks back. I will study the info and guidance in your attached link.

Good luck.

os306 May 14th 2020 10:37 pm

Re: DCF London Processing
 
For my own sanity, I put together a list of steps (and required documents) form the start of I-130 petition filing until actually receiving the physical green card in hand. If I've missed anything, please feel free to chip in. Hope this helps:

1. Receive e-mail confirming that USCIS have received and filed the petition (NOA1)

2. Receive I-130 approval letter (NOA2) in the post from USCIS stating that the petition has been approved and that we should expect an LND number to be sent by the Immigrant Visa Unit (IVU) at the London US Embassy within 8 weeks

3. Receive LND Number in the post (this used to be known as Packet 3) from the IVU

4. Complete form DS-260 online

5. Book medical appointment with Visa Medicals (Visa Medicals) and book interview at US embassy to take place a few days after this (https://ais.usvisa-info.com/en-gb/iv)

6. Attend Medical appointment
  • Required documents:
    • Vaccination records from GP
    • Print out of NHS summary care record from GP
    • 4 passport photographs
7. Attend interview at US embassy
  • Required documents:
    • Beneficiary's passport
    • Original marriage certificate (+1 photocopy)
    • Two passport photographs of beneficiary
    • Beneficiary's UK police certificate (+1 photocopy)
    • Beneficiary's UK birth certificate (+1 photocopy)
    • Petitioner's I-864, including supporting documents:
      • Petitioner's IRS tax transcripts for the past 3 years
      • Copy of petitioner's US passport photo page
      • Documents proving the petitioner intends on re-establishing domicile in the US (e.g., voting record, driving licence renewal, e-mails showing inquiries into possible jobs)
    • Joint sponsor's I-864, including supporting documents:
      • Joint sponsor's IRS tax transcripts for past 3 years
      • Copy of joint sponsor's US passport photo page
      • Joint sponsor's pay stubs for the past 6 months
      • Letter from joint sponsor's employer confirming nature of employment, salary etc.
8. Receive passport back via Embassy courier service

9. Pay USCIS Immigrant Fee

10. Enter the US within 6 months and receive a temporary I-551 (green card) stamp in passport from US Customs and Border Protection Officer.

11. Receive physical green card in the post within 120 days after entry into the US.

12. Sit back and relax

Mattw7 May 15th 2020 4:24 am

Re: DCF London Processing
 
7. Attend interview at US embassy
  • Required documents:
    • Beneficiary's passport
    • Original marriage certificate (+1 photocopy)
    • Two passport photographs of beneficiary
    • Beneficiary's UK police certificate (+1 photocopy)
    • Beneficiary's UK birth certificate (+1 photocopy)
    • Petitioner's I-864, including supporting documents:
      • Petitioner's IRS tax transcripts for the past 3 years
      • Copy of petitioner's US passport photo page
      • Documents proving the petitioner intends on re-establishing domicile in the US (e.g., voting record, driving licence renewal, e-mails showing inquiries into possible jobs)
    • Joint sponsor's I-864, including supporting documents:
      • Joint sponsor's IRS tax transcripts for past 3 years
      • Copy of joint sponsor's US passport photo page
      • Joint sponsor's pay stubs for the past 6 months
      • Letter from joint sponsor's employer confirming nature of employment, salary etc.

Thanks for the checklist 0s306, very helpful!

Am I right in saying that a joint sponsor is only required if the petitioner doesn’t meet the income requirements?

Noorah101 May 15th 2020 4:27 am

Re: DCF London Processing
 

Originally Posted by Mattw7 (Post 12853535)
Am I right in saying that a joint sponsor is only required if the petitioner doesn’t meet the income requirements?

Correct. This happens quite often with DCF cases. Have you looked into it yet?

Rene

os306 May 15th 2020 4:43 am

Re: DCF London Processing
 

Originally Posted by Mattw7 (Post 12853535)
7. Attend interview at US embassy
  • Required documents:
    • Beneficiary's passport
    • Original marriage certificate (+1 photocopy)
    • Two passport photographs of beneficiary
    • Beneficiary's UK police certificate (+1 photocopy)
    • Beneficiary's UK birth certificate (+1 photocopy)
    • Petitioner's I-864, including supporting documents:
      • Petitioner's IRS tax transcripts for the past 3 years
      • Copy of petitioner's US passport photo page
      • Documents proving the petitioner intends on re-establishing domicile in the US (e.g., voting record, driving licence renewal, e-mails showing inquiries into possible jobs)
    • Joint sponsor's I-864, including supporting documents:
      • Joint sponsor's IRS tax transcripts for past 3 years
      • Copy of joint sponsor's US passport photo page
      • Joint sponsor's pay stubs for the past 6 months
      • Letter from joint sponsor's employer confirming nature of employment, salary etc.

Thanks for the checklist 0s306, very helpful!

Am I right in saying that a joint sponsor is only required if the petitioner doesn’t meet the income requirements?

Yes that's right. As Rene says, this is a common scenario for DCF filers where the petitioner is living abroad with the beneficiary. One scenario where you wouldn't need a joint sponsor is if the US citizen petitioner 1) meets the income requirements and 2) is temporarily stationed abroad with a U.S. firm or corporation and will continue to work with that same company upon return to the U.S.

Noorah101 May 15th 2020 4:47 am

Re: DCF London Processing
 
Or meets the requirement by using assets in lieu of income.

Rene

stuwoolf May 15th 2020 5:10 am

Re: DCF London Processing
 

Originally Posted by Noorah101 (Post 12853547)
Or meets the requirement by using assets in lieu of income.

Rene

Assets? I would think they would not to be extensive and valuable?

S Folinsky May 15th 2020 5:22 am

Re: DCF London Processing
 
It should be noted that enhanced “public charge” rules have come into effect. Unlike past practice, a legally sufficient I-864 will not, by itself, be sufficient to meet that requirement. This is brand new. So no one has experience with this.

I really can’t say what will be needed. From what I understand, updated credit report and scores from the petitioner and beneficiary will be a good idea.

Noorah101 May 15th 2020 5:39 am

Re: DCF London Processing
 

Originally Posted by stuwoolf (Post 12853565)
Assets? I would think they would not to be extensive and valuable?

I'm not sure what this means. Read the I-864 instructions. You can use liquidable assets to make up for what's lacking in income. Asset value must equal 3x the amount lacking in income. Cash in the bank works best, but property might also be used.

Rene

stuwoolf May 15th 2020 5:41 am

Re: DCF London Processing
 

Originally Posted by S Folinsky (Post 12853572)
It should be noted that enhanced “public charge” rules have come into effect. Unlike past practice, a legally sufficient I-864 will not, by itself, be sufficient to meet that requirement. This is brand new. So no one has experience with this.

I really can’t say what will be needed. From what I understand, updated credit report and scores from the petitioner and beneficiary will be a good idea.

Sounds ominous.......what exactly are "updated credit report and scores​​​​​â� �‹" and how/where do we get these?

Mattw7 May 15th 2020 6:07 am

Re: DCF London Processing
 
On part 6 of I-864 it refers to I- 864P, which states the minimum income as $21,550 (For our household of 2), which we would be considerably above. And then in part 7 of the I-864 it says you only need to fill in about assets if below the threshold on part 6.

Just checking that the income Being over the threshold is enough, otherwise I’ll have to look at the assets aspect as well.

stuwoolf May 15th 2020 6:11 am

Re: DCF London Processing
 

Originally Posted by Mattw7 (Post 12853597)
On part 6 of I-864 it refers to I- 864P, which states the minimum income as $21,550 (For our household of 2), which we would be considerably above. And then in part 7 of the I-864 it says you only need to fill in about assets if below the threshold on part 6.

Just checking that the income Being over the threshold is enough, otherwise I’ll have to look at the assets aspect as well.

The bit which causes a little concern in S Folinskys post is "Unlike past practice, a legally sufficient I-864 will not, by itself, be sufficient to meet that requirement. This is brand new. So no one has experience with this."

As I said, sounds ominous


S Folinsky May 15th 2020 8:24 am

Re: DCF London Processing
 

Originally Posted by stuwoolf (Post 12853580)
Sounds ominous.......what exactly are "updated credit report and scores​​​​​â� �‹" and how/where do we get these?

Free credit reports

S Folinsky May 15th 2020 8:39 am

Re: DCF London Processing
 

Originally Posted by stuwoolf (Post 12853565)
Assets? I would think they would not to be extensive and valuable?

Look at pages 7-8 of this guidance from CLINIC. (Note the guidance is from 2018 and is partly out of date).

One might be surprised how common it is to meet the requirement. In my experience, it was usually assets inherited from deceased parents.

stuwoolf May 15th 2020 8:52 am

Re: DCF London Processing
 

Originally Posted by S Folinsky (Post 12853656)

Thank you.

When the time comes our (my) Sponsor can take a look at this.

Thinking of Sponsors, is it acceptable to have a Sponsor who is retired? Is there an upper age limit for a Sponsor?

Noorah101 May 15th 2020 10:53 am

Re: DCF London Processing
 

Originally Posted by stuwoolf (Post 12853671)
Thank you.

When the time comes our (my) Sponsor can take a look at this.

Thinking of Sponsors, is it acceptable to have a Sponsor who is retired? Is there an upper age limit for a Sponsor?

There is no age limit, and retirement income is acceptable.

Rene

Noorah101 May 15th 2020 10:56 am

Re: DCF London Processing
 

Originally Posted by Mattw7 (Post 12853597)
On part 6 of I-864 it refers to I- 864P, which states the minimum income as $21,550 (For our household of 2), which we would be considerably above. And then in part 7 of the I-864 it says you only need to fill in about assets if below the threshold on part 6.

Just checking that the income Being over the threshold is enough, otherwise I’ll have to look at the assets aspect as well.

In order to count on the I-864, the income has to continue from the same source once inside the USA. For those doing DCF, where income is in the UK and won't continue from the same source, assets can be used if they equal 3x the amount needed in income...or use a joint sponsor.

Rene

stuwoolf May 15th 2020 10:56 am

Re: DCF London Processing
 

Originally Posted by Noorah101 (Post 12853711)
There is no age limit, and retirement income is acceptable.

Rene

Thank you🙂

S Folinsky May 16th 2020 8:16 am

Re: DCF London Processing
 
The new public charge form for immigrant visa is the DS-5540. The USCIS form is I-944. The USCIS form wants credit reports, it appears that the State Department form does not. It appears that health insurance information needs to be supplied.

os306 May 16th 2020 8:38 am

Re: DCF London Processing
 

Originally Posted by S Folinsky (Post 12854082)
The new public charge form for immigrant visa is the DS-5540. The USCIS form is I-944. The USCIS form wants credit reports, it appears that the State Department form does not. It appears that health insurance information needs to be supplied.

I was aware of the DS-5540 form, although it remains unclear whether the London US Embassy will be specifically asking for it when they resume interviews in July. It would probably be a good idea to have one completed just in case.

I thought that form I-944 would not apply to any of us in this thread as we are going via the Consular Processing route. It was my understanding that the I-944 is required if the beneficiary is going through the green card application process from within the United States, and applying for Adjustment of Status (i.e. through form I-485). Please correct me if I'm wrong, however.

stuwoolf May 16th 2020 8:53 am

Re: DCF London Processing
 

Originally Posted by os306 (Post 12854092)
I was aware of the DS-5540 form, although it remains unclear whether the London US Embassy will be specifically asking for it when they resume interviews in July. It would probably be a good idea to have one completed just in case.

I thought that form I-944 would not apply to any of us in this thread as we are going via the Consular Processing route. It was my understanding that the I-944 is required if the beneficiary is going through the green card application process from within the United States, and applying for Adjustment of Status (i.e. through form I-485). Please correct me if I'm wrong, however.

Good advice. Thank you for the heads-up👍

According to US Dept of State website

https://travel.state.gov/content/tra...tionnaire.html

"Public Charge Questionnaire



Applicants may be asked to present a completed DS-5540, Public Charge Questionnaire, at their visa interview. Applicants are encouraged to prepare the form and any supporting evidence prior to their interview.
  1. Applicants may download the DS-5540 here
  2. Applicants may review this information on the DS-5540, Public Charge Questionnaire
  3. Applicants may scan and upload completed DS-5540 under the principal applicant in CEAC. Applicants may bring a copy to their interview.
  4. Applicants may want to consider gathering any required supporting documents they wish to provide. Supporting evidence and documentation should not be uploaded to CEAC, but applicants may prepare and bring to their interview those items they would like the consular officer to consider.
NOTE: Completing and signing this form provides consular officers with information they need to assess whether an alien is more likely than not to become a public charge, and thus ineligible for a visa under section 212(a)(4) of the Immigration and Nationality Act. Failure to complete and submit the correct form(s) upon request may delay the processing of a case. "

os306 May 16th 2020 8:59 am

Re: DCF London Processing
 
I suspect as we hear accounts of more and more people attending their CR-1/IR-1 interviews from July onwards, we will have a better idea of if/when the London Embassy begins to ask for the DS-5540.

The part that we are unsure about with the DS-5540 is showing evidence of health insurance for the beneficiary. As my spouse (petitioner) may not have a job immediately lined up upon our arrival in the US (I don't think this will be an unusual scenario for DCF filers) she wouldn't simply be able to add me on to her work insurance plan. Therefore, we might have to look into private health insurance until I start work, which from what I understand, can be incredibly expensive.

stuwoolf May 16th 2020 9:07 am

Re: DCF London Processing
 

Originally Posted by os306 (Post 12854101)
I suspect as we hear accounts of more and more people attending their CR-1/IR-1 interviews from July onwards, we will have a better idea of if/when the London Embassy begins to ask for the DS-5540.

The part that we are unsure about with the DS-5540 is showing evidence of health insurance for the beneficiary. As my spouse (petitioner) may not have a job immediately lined up upon our arrival in the US (I don't think this will be an unusual scenario for DCF filers) she wouldn't simply be able to add me on to her work insurance plan. Therefore, we might have to look into private health insurance until I start work, which from what I understand, can be incredibly expensive.

Agreed ref health insurance.

Just had a quick look at the form.

The DS-5540 form asks if it is in place Yes or No. If No it seeks info on whether it will be within 30 days and the details.

I presume this only applies to the Beneficiary of the visa and not the USC?

matthews94 May 17th 2020 6:21 am

Re: DCF London Processing
 

Originally Posted by os306 (Post 12853321)

2. Receive I-130 approval letter (NOA2) in the post from USCIS stating that the petition has been approved and that we should expect an LND number to be sent by the Immigrant Visa Unit (IVU) at the London US Embassy within 8 weeks

The I-130 approval letter we just got through the mail said the Embassy would be in touch within 5 weeks, instead of the 8 weeks that's usually quoted. Can we read into this? 5 weeks would be 17 June for us. I'm wondering if the green card ban has reduced the number of people eligible for a visa appointment but perhaps that is just hopeful thinking.

os306 May 17th 2020 6:26 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12854432)
The I-130 approval letter we just got through the mail said the Embassy would be in touch within 5 weeks, instead of the 8 weeks that's usually quoted. Can we read into this? 5 weeks would be 17 June for us. I'm wondering if the green card ban has reduced the number of people eligible for a visa appointment but perhaps that is just hopeful thinking.

To be honest, if you look at other peoples' timelines pre-COVID, it looks like they were hearing back from the Embassy within 2-4 weeks, so I'm guessing the 8 weeks was just a time-frame that was quoted in case there were backlogs, but in reality, people receive their LND numbers far quicker.

We're still waiting for our NOA1...fingers crossed we hear back this week.

stuwoolf May 17th 2020 6:30 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12854432)
The I-130 approval letter we just got through the mail said the Embassy would be in touch within 5 weeks, instead of the 8 weeks that's usually quoted. Can we read into this? 5 weeks would be 17 June for us. I'm wondering if the green card ban has reduced the number of people eligible for a visa appointment but perhaps that is just hopeful thinking.

Didnt Embassy say, despite Lockdown, they still were striving to do the job in 90 days? From the date you received your email of correct filing plus the days of Lockdown plus 5 weeks (25 days) does that add up to 90 working days?

Also I guess there has been a reduction in forms to be processed maybe due to restrictions on who can enter US at this time?



matthews94 May 17th 2020 6:48 am

Re: DCF London Processing
 

Originally Posted by stuwoolf (Post 12854435)
Didnt Embassy say, despite Lockdown, they still were striving to do the job in 90 days? From the date you received your email of correct filing plus the days of Lockdown plus 5 weeks (35 days) does that add up to 90 working days?

Also I guess there has been a reduction in firms to be processed maybe due to restrictions on who can enter US at this time?

The petition timeframe is 90 days but ours has been approved in about 60 days since filing. I'm wondering about the number of weeks until the Embassy gets in touch about the next steps.

stuwoolf May 17th 2020 7:19 am

Re: DCF London Processing
 

Originally Posted by matthews94 (Post 12854446)
The petition timeframe is 90 days but ours has been approved in about 60 days since filing. I'm wondering about the number of weeks until the Embassy gets in touch about the next steps.

Hopefully not too long🙂

S Folinsky May 17th 2020 1:00 pm

Re: DCF London Processing
 
Good friend Ian-mstn is retired from these boards but I recall his frequent comment that tracking processing times was “the path to madness.”

Among immigration lawyers it was often noted the two most frequent questions from clients were “how long?” and “where is my work permit?” In 40 years I found out that I was almost always wrong. (Too short or too long). This not meant as any criticism of concern over time lines, but sometimes the best answer is “ it happens when it happens.”

lizzyq May 17th 2020 2:24 pm

Re: DCF London Processing
 

Originally Posted by S Folinsky (Post 12854536)
Among immigration lawyers it was often noted the two most frequent questions from clients were “how long?” and “where is my work permit?” In 40 years I found out that I was almost always wrong. (Too short or too long). This not meant as any criticism of concern over time lines, but sometimes the best answer is “ it happens when it happens.”

When we were going through the process for our green cards and people asked me about it I would reply "the wheels of governmental bureaucracy turn at their own special speed", the majority of people then made sympathetic noises in response.

os306 May 18th 2020 10:52 pm

Re: DCF London Processing
 
Just as an update, we received an e-mail from the London Office today confirming that they had received our petition, but are currently unable to process the credit card payments.

The e-mail also says that "Once processed, we will send you a follow-up email to confirm that the payment has been taken and to provide the anticipated adjudication time. Under current circumstances, we intend to conduct the I-130 adjudication by July, if not sooner."

We are by no means in the clear yet, but this correspondence is a promising sign that progress is being made....


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