pmhoey

Hello all,

I was wondering if someone might be able to answer a query for me, or point me in the right direction.

I am a British citizen, married to a US citizen. I am currently going through the CR1 process, and have gotten to the stage where I submit the DS2001 (notice of readiness) so the embassy can schedule an interview for me. The problem is, my wife currently lives in London with me, and although she can prove she has retained a US domicile, we don't have any assets, so she won't be able to complete the Affidavit of Support until she is living and working in the US (as her UK income doesn't count).

I am therefore wondering if there is a time limit before I must submit the DS2001? Our original application was made in July 2009, and I'm a little worried that if my wife goes back to the States in the new year but is unable to find a job until after July 2010, our application would lapse because a year has passed. If anyone could give me any advice on this issue I would really appreciate it!

Thanks in advance!

katnap8

Hi

Can you get a joint sponsor? They can be either a US Citizen or a Permanent Resident. They will need to complete an I-864 as well as your spouse but if the joint sponsor satisfies the income requirement then your wife doesn't have to satisfy it.

As for the length of time, our I-130 was approved in November 2008, we submitted our notice of readiness in October 2009, and my husband has his interview in January 2010. We are using my sister as a joint sponsor because my income will not continue once we move back to the US.

I think Folinskyla (sp) who is a lawyer mentioned that the approved I-130 doesn't expire but then I have read others who do say you have 1 year to submit each stage of the process, i.e you could wait til mid next year to submit your application of readiness and then you'll get an interview about 1-2 months after that rougly about August time.

Just Jenney

Welcome to BE, and Happy Thanksgiving.

Just to clarify, in addition to being either a USC or LPR, the joint sponsor MUST be residing in the US and at least 18 years of age. The joint sponsor does NOT have to be related to your wife. No matter what, though, your wife MUST be your sponsor, even if she doesn't meet the minimum income requirements on her own.

That said, remember that your wife is only required to meet the minimum income requirement, which is 125% of the poverty guideline for your household size. Assuming your household size is two (you + your wife), then she only needs to earn $18,213/year gross for 2009. (That amount will probably go up, but the 2010 poverty guidelines aren't published until February.) In other words, if she gets a job (or jobs) earning $8.75-$9.00/hour, she'll probably make the minimum amount she needs to sponsor you herself.

As far as the I-130 expiration goes, I'll leave that for others to respond to -- although I also happen to recall people saying that it doesn't really expire, but don't take my word for it!

~ Jenney

jeffreyhy

What do you mean by "Our original application"? Your wife's I-130 petition or your DS-230 visa application?

As others have written the approval for an I-130 petition does not expire. However, if you do not pursue your visa application, e.g. if you do not submit the DS-2001, after some period of time the consulate will conclude that you are no longer interested in applying for the visa and may close the case and send the I-130 petition back to CIS. That period of time is nominally 1 year, but how often the consulate gets around to cleaning up dormant cases may be more (or a bit less?) than that as a practical matter.

Regards, JEff

Ginblossom

If you read my thread "Nightmare in London", you will see this a well worn path by me and other people and Immigration have got very strict in terms of domicile. Dont worry so much about formal paperwork deadlines per se, but do worry more about proving domicile, and by the sounds of it, you need a joint sponsor straight away.

You mentioned your wife has domicile, what can she prove that she has kept it? Does she has a house, kids in school etc etc?

And how long has she been in the UK? Remember too that she doesnt have to have necessarily kept domicile, you need just the intent to re establish if out the US for a while, so that you then relocate, break ties with UK and be able to prove it as well, and that is the big issue right now with Immigration.

This thread reminds me that I need to write up my domicile difficulties thread Im going to create.