British Expats

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

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 (Note the guidance is from 2018 and is partly out of date).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?




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