Getting started! I-130
 

Hi All,

After being recommended this site I’ve found it incredibly helpful reading all these discussions!

A bit of background information... I am a dual U.K/USC recently just renewed my US passport and submitted backdated taxes. I’m starting the process of filing out the I-130’s for my U.K. Husband, and two children 4 and 6 months.

I have seen that the London office is shut due the pandemic but says on the website it is due to open back up on the 4th June providing lockdown is not extended. I was told about the London office possibly completely closing in the future and have also seen the same mentioned on here... therefore applications of the I-130s having to be sent to the US instead? Providing the office does re-open on the 4th June would this mean I can still send my I-130 there rather than to the US? We want the quickest option possible (as I’m sure everyone does).

Three more questions:

1) I want to make sure my husband gets an IR-1 visa as opposed to the CR-1. We have been married two years in August but together for 7. Therefore if could submit the I-130 in June he would get the IR-1 as by the time he gets the visa accepted we will have been married over two years?

2.) We intend to live with my US father to start with. He is in the process of moving states and buying a new build so not sure he will have his new address if we could submit things in June does it help to put an intended US address on the I-130? Or would it not make a difference until we get to the next stage?

3.) On the affidavit of support I do not earn enough to support this with just wages. However we would have just enough in assets and savings to make up the rest. My dad has also said he would submit a supporting one if needed. Or would it be best to try and do it without his help if we can? We would however be just on the border of having enough to self support.

Many thanks hope everyone is keeping safe!

Re: Getting started! I-130
 

Hello and welcome,

1) With regards to your first question, your I-130 petition will need to be filed with the USCIS Lockbox in Dallas (this is the most common route that people around the world take). You can do this electronically. Prior to March 31st, US citizens living in the UK could submit their petitions to the USCIS Field Office at the US Embassy in London (the so-called "Direct Consular Filing" route, also known as "DCF"). DCF is typically quicker than going through the Dallas Lockbox but is no longer an option, unfortunately.

2) I would put down your father's current address at the time you submit the I-130. By the time your I-130 is approved, which is probably going be months later, it's likely your father will have moved. You would need to provide his updated address on the I-864 affidavit of support since it sounds like you might need him as a joint sponsor.

3) I'm not sure about the exact answer to this, so I'm hoping someone else can help regarding assets and savings. It may be worth clarifying whether you are only allowed to use US assets, or whether foreign assets are eligible too. If your father's income is >125% above the poverty threshold for his household size, then you could use him as a joint sponsor and you wouldn't have to bother with declaring your assets/savings.

Good luck!

Re: Getting started! I-130
 

1) So the DCF in London has completely closed for good now? I was hoping this wasn’t the case as it’s going to make it a lot longer isn’t it? 😩 While this is all going on could I still apply online in Dallas then?

2) My father is due to move from his now owned house to temporary accommodation until the new house is ready so probably not best to put that down is it. I do have other family in the states but we don’t intend on living with them of course so it would not be accurate information I am submitting on my I-130?

3) from what I’ve read I think you can use assets such as equity from a house savings and even a car equity. I haven’t seen that it has to be US Assets? My fathers income does meet the threshold I just thought it may be better to try and do it without him if possible. So if I did use him it wouldn’t matter that my income doesn’t reach the the threshold and we wouldn’t declare our assets? On the form it does ask how much you have in savings and assets etc so would I juts not bother to put anything? 😕

I don’t suppose you know about the marriage question? ☺️

Re: Getting started! I-130
 

I’m sorry I misinterpreted your question about the address and I forgot that the I-130 asks for the address you “intend” to live at. In that case, you’re correct- you should put the new address.

With regards to the IR1 va CR1, I believe if you have been married for at least 2 years at the time that the visa itself is issued (i.e. at the end of the process), then your husband will be given an IR1. However, someone else can correct me if I’m wrong.

With regards to your question about DCF, yes unfortunately this option no longer exists in London (outside of extraordinary circumstances) and the London USCIS Field Office will close its doors on July 31.

Re: Getting started! I-130
 

Just checking, but your children aren't USC's - you haven't lived in the US long enough to pass on your citizenship to them?

Last date for DCF was a month ago I believe, but a search of the forum will give you more info.

Best of luck with it.

Re: Getting started! I-130
 

No I wasn’t able to pass on my citizenship because I didn’t meet the residency requirements after the age of 14 unfortunately.

I keep looking and it looks like that is the case 😩 does anyone have a clue of how much longer it takes when filing the I-130 in Dallas as opposed to London? I know things are likely to be even longer because of the world situation atm.

Re: Getting started! I-130
 

I actually asked the London USCIS office this question in an email before the coronavirus pandemic - I was told it was taking them around 30 days to adjudicate I-130 petitions, compared to 10-15 months via the Dallas lockbox. I know that’s not necessarily what you want to hear! Is there a date by which you need to move back to the US by?

For what it’s worth, because of the pandemic, it’s highly unlikely that the London office will be getting petitions processed within 30 days after they reopen as there is likely to be a significant backlog.

Re: Getting started! I-130
 

:ohmy: 10-15 months! That is crazy and definitely not what I wanted to hear. There is no date I need to be in the states for just wanted to get there sooner rather than later mainly for my eldest and school etc.

Do you think it is worth submitting through Dallas atm then or no point? They are obviously going to have a back log there after all this too :( just thought if I get it sent sooner rather than later...

Re: Getting started! I-130
 

Might be worth searching the forum to see what recent timelines have been, although obviously there will be an impact on timeframes because of Covid-19. The timeframe mentioned above was about the norm for the first step before all this, so about 18-20 months in total iirc, but a forum search will give you more info.

There's no other option, so if you want to go ahead then may as well get yourself in the queue!

Good luck.

Re: Getting started! I-130
 

Great thanks so much for your help! I think I will get it sent off ASAP may as well
get in line. (Although I need clarification on the marriage situation first).

If I put down my fathers current address as where we intend to live for now now then change it after he’s moved as that’s who we intended to live to start... do you think that would be an issue later on?

Also do you know at what stage I need the tax proof from the IRS I am right in thinking it isn’t until the affidavit of support is submitted? I just know there’s no chance of me getting ahold of that atm!:(

Re: Getting started! I-130
 

You won’t have an issue with the addresses, with the way you’re planning on writing it.

You’ll need yours (and your joint sponsor’s if you end up using one) IRS transcripts at the NVC stage when you submit your I-864. If you filed taxes using your UK address and don’t have a US cell phone number then you won’t be able to register to view your transplant online. It’s currenty impossible to request a transcript on the phone as the IRS’s phone lines are not currently being manned. We’re in the same boat, and are hoping that once the Covid situation improves, the lines will open up. Regardless, it looks like you won’t be needing your transcripts for a few months anyhow.

Re: Getting started! I-130
 

Regarding the use of assets in the I-864, the asset value needs to be 3x the income requirements. Your UK incomes don't count anyway, unless they are continuing from the same source once inside the USA.

Currently, for a family of 4, the income requirement is $32,750. So you would need $98,250 in asset value. This figure goes up each year, so you'd have to recalculate when the I-864 is due.

I am not sure what are referring to when you say "marriage question"? Do you mean CR vs IR visa? If so, then even if he receives a CR visa, if he enters the USA after your 2nd wedding anniversary, he will be admitted as IR and receive the 10 year green card.

Rene

Re: Getting started! I-130
 

Great thank you for clarifying that I thought that was how it worked. Good luck in getting yours! I’m sure after this horrible situation things can start to go back to normal and you’ll be able to get ahold of them!

Re: Getting started! I-130
 

Hi Rene

Thanks for the reply!

I thought I could use my income that was submitted on my most recent US tax return (just not my husbands his would only be accounted for if he could transfer his income to the US) then subtract amount that from the figure of $32,750 which then leaves a shortfall amount which is the amount I x3?

Yes the CR vs IR visa so even if we get to the second stage before two years of marriage (which I doubt would happen seeing as we will now file at Dallas) he will still get the IR 1 as long as he enters the US after 2 years of marriage?

Re: Getting started! I-130
 

Was your income earned in the USA? If not, and it was earned in the UK, will it continue from the same source once inside the USA? If not, then it doesn't count on the I-864.

Yes.

Rene