Jc

hi

after sifting through mountains of material and advice, decided to do
get married in uk and file with embassy.
situation:
-partner has dual uk/us citizenship and only recently in US (6
months-i've been with her most of it through visa waiver stays) and
working.
i am unable to get in touch with the embassy as i'm overseas. can
anyone help confirm the following:
-embassy website suggests anyone with dual citizenship/uk passport
eligible to do the petition (ie, even though she now lives in US).
-she would come over for a w/end to get marrried and rtn to US to
continue working. i would process. any reason/need for her to be in uk
otherwise?
-affidavit of support-we've both got degrees etc, but she only has her
5 months US tax rtns. should we just take these in and explain the
situation. has anyone done this without a US co-sponsor, which we
don't have?
-i've heard it can take 2 weeks to 3 months?

thank you in advance for any help here
jc

Bluegrass Lass

The only questions of yours that I might have the answers for pertain to the Aff of Support. For DCF, I think the I-864 is the correct Aff of Support to be filed. For the I-864, your wife (who I'm assuming is the USC?) will need to make at least 125% of the poverty guidelines. How can she only have 5mo for a tax return? Even if she was a student previously, that does not preclude filing taxes in previous years. I just graduated from uni last year and I have tax returns that go back for 8 years. If she was not required to file, due to not working, then she needs to get a statement from the IRS stating that. If she does not make 125% of the PGL, then she can make up for that with any assets she owns. However, I think assets must total at least 5 times the PGL. So if the PGL is $10k, assets must total $50k.

As I understand it, any co-sponsor must be a USC or permanent resident. I have only worked at my post-grad employment for 6 months. I have written a letter to go with the I-134 stating why I did not make above the povery guidelines in past years because I was a student. I told them what I make now, type of position (permanent), and what I do. However, since I'm filing the I-134, it may have different requirements than the I-864 which you are filing & a letter may not make a difference.

Sorry I can't help you out anymore, & I'm sure if I'm incorrect on anything, others on here can correct me!

Cheers and Good Luck!
Jamie

L D Jones

jc wrote:
    >
    > hi
    >
    > after sifting through mountains of material and advice, decided to do
    > get married in uk and file with embassy.
    > situation:
    > -partner has dual uk/us citizenship and only recently in US (6
    > months-i've been with her most of it through visa waiver stays) and
    > working.

Not sure what you mean here

    > i am unable to get in touch with the embassy as i'm overseas. can
    > anyone help confirm the following:
    > -embassy website suggests anyone with dual citizenship/uk passport
    > eligible to do the petition (ie, even though she now lives in US).
    > -she would come over for a w/end to get marrried and rtn to US to
    > continue working. i would process. any reason/need for her to be in uk
    > otherwise?

I read a post on here once written by a dual US/UK citizen who wanted to
do DCF in the UK for his UK resident parents. I believe he was denied
since he was not ordinarily resident in the UK (I believe he had moved
to the US some years prior)

Contact the consulate and ask them if they will permit the petition to
be filed directly in this case. If the dual citizen lives in the UK now
or is resident there it may be possible. I am not an expert though I did
DCF in the UK myself. Only the consulate can decide what they will
accept. I suggest writing to them and enclosing an SAE. The people who
answer the 'pay for advice' phone line are probably not experienced
enough to answer your question

    > -affidavit of support-we've both got degrees etc, but she only has her
    > 5 months US tax rtns. should we just take these in and explain the
    > situation. has anyone done this without a US co-sponsor, which we
    > don't have?

If the income is not enough you will need a co-sponsor (US citizen or
permanent resident who lives in the US). There is no way to waive the
I-864 requirement. Note that you can't just "take anything in." The
entire process is done by post until the day of the interview

    > -i've heard it can take 2 weeks to 3 months?

Much closer to 3-4 months. I have never heard of a UK DCF case taking as
little as 2 weeks