Here we are again.
 

Its been 8 years since I first posted on this forum and what a weird experience it was looking back on my 20 year old self discussing visas and moving possibilities for me and my girlfriend in a couple of years.

Well, life is very different now and my now wife and I have been happily married for the last 5 years and we live in rural south east england. We lived in central London for 3 years when my wife moved to the UK, built good careers and decided to move further out and buy a house. But the last 18 months, the idea of moving back to be with her family has been gaining traction. We don't have children yet and I think a big reason for that is my wife just haven't settled here, she says she is happy, but I know deep down that she isn't and like wise i think i'm not either.

So with the support and help from our friends and family we have decided to pick up sticks and do what we discussed all those years ago and go stateside.

As a refresh and update for people, Wife is a USC and now also a UKC (Greedy I know). We have no dependants but have a lovely good size family home here to sort out either rent or sell. We will be moving to be with her family in Orlando, FL ideally around summer time.

I wanted to come back here for help as everyone here was so helpful and kind before. I'm the one across all visas and research at the moment and understand the UK system pretty well as we went through it all here right upto Citizenship for my wife this year.

Just to clarify Process = File I130 here DCF in London (No supporting docs?), await approval then file DS260 here in London with Affidavit of Support from family member in US with minimum income requirements + all supporting docs.
P.s Anyone got a an up to date processing time for the entire process, I know it can be how long is a piece of string.

I'm sure there will be a few more questions and doubts and worries along the way but I wanted to keep my journey in one place going forward.

I really appreciate everyones help and advice as usual and look forward to your replies

Kindest

Chris

Re: Here we are again.
 

I'm not too familiar with DCF so can't help much, but just want to say congrats on the happy marriage so far and good luck!

I'm glad she managed to get her British citizenship in that time. It will set you both up for life.

Re: Here we are again.
 

Typical DCF is taking about 4 to 6 months. The immigrant visa is valid for 6 months from the date of the medical exam. The USC must be up to date on US tax returns and must still provide an I-864 Affidavit of Support. If she doesn't qualify financially with income or assets, a joint sponsor can be used.

Rene

Re: Here we are again.
 

Rene,

Will we need to sort the tax returns before we apply? my wife has been here in the UK for the last 5 years and was un aware she needed to file returns if she was paying her tax here as a resident. having done some quick research, she hasn't earnt over the $100k limit so shouldn't have to pay any US tax liability but I know she needs to sort it asap.

Should we wait to apply until this is sorted? We wanted to send the forms off tomorrow.

She won't be the sponsor as we are both living here in the UK so i assume we will need to use either her parents or sister who both qualify under the income rules?

Many thanks

Chris

Re: Here we are again.
 

Your wife MUST be your sponsor, even if she doesn't have the required income. In this case, a joint-sponsor would be needed.

As for the tax returns, if she has lived and worked (and been taxed) in the UK, there will most likely be nothing to pay, but the filings must be made. It is possible to file retrospectively and I suggest you do that asap. I'm sure there is information on how to proceed on the IRS website.

Re: Here we are again.
 

She must file at least the last 3 years' worth of returns and have proof that prior to your interview.


By law, all USCs must file an annual tax return regardless of where they live/work in the world. The only exception to filing is if their income is below the IRS threshold.


Correct. The US/UK tax treaty helps her avoid double taxation so long as her income is under $100,800. However, she is still obligated to file a US tax return. She must include her UK income, but she won't likely have any US tax obligation.


If she's filing the I-130 directly to London, she can do so now. You'll have about 4 months or so to fix the tax issue. It must be sorted by the time you have your immigrant visa interview.


She is the USC spouse. She must be the sponsor. There is no option for her not to be the sponsor.


One of them (but not all) will be a joint sponsor.

Ian

Re: Here we are again.
 

Thanks for the reply everyone. I understand what you're saying about the sponsor, apologies as I had not explained it in the right way there.

With regard to the filing fees now not being made by card, can I just go into my local bank and get an international bankers draft? Do I just make it payable to the US Department of Homeland Security, i've not done an international bankers draft before.

Many thanks

Chris

Re: Here we are again.
 

Update 1:

I-130 Sent Special Delivery to DCF London Embassy on Friday 13th January (I'm not superstitious)

Docs Sent:

Copy of USC Passport, Copy of UKC Passport, Copy of USC UK Passport to prove residence in UK, Marriage Cert, G1145 E-Notification Form, G325a for both of us, International Bankers Draft in USD for $535 made payable to US Department of Homeland Security, fully filled out I-130 with section E Signed my wife USC.

Hope that all makes sense. Hopefully we didn't miss anything! What a pain that the only way a UK based applicant can pay for the I-130 is an old fashioned, time consuming International Bankers Draft! I looked online prior to getting one drawn up but this was the only option they offered that I could see we qualified for. Was I wrong?

Thanks again guys

Chris

Re: Here we are again.
 

I believe you are correct, since they recently did away with credit card payment.

Rene

Re: Here we are again.
 

It seems like a crazy idea as its a real pain to obtain one!


One question if anyone who has filed DCF or who knows the process, how long will they actually need to have mine (UKC) or my wifes (USC) passports? Will they need them for an extended period like they do here in the UK system?

Many thanks

Chris

Re: Here we are again.
 

Good luck! I am planning to do the same in a couple of months, so I will be curious to see how your process goes!

Also interesting to know that they did away with the credit card payments, will have to take that into account...

Re: Here we are again.
 

Your wife's US passport will not be required. They will keep your passport only long enough to create and insert the visa and it'll then be returned to you via courier. Plan on not having it for about a week.

Ian

Re: Here we are again.
 

I hope it all goes to plan. My wife and I are close to doing the exact same thing so I will watch your progress with great interest. And yes the international bankers draft is just a pain. Good Luck

Re: Here we are again.
 

"Might be needed" - depending on Chris and his wife's savings and realizable assets. The US is more generous than the UK and anything that could be readily sold to realize cash can be used as an asset, together with unearned income, but note that you can use the capital value of an investment OR its income, but not both. So you can add up all cash savings, in both spouses names, investments in shares or OEICs/unit trusts/funds, saleable real estate, impressionist paintings, etc. (but not pension investments because they're not realizable, unless you are close to retirement age) to come to an asset value.

IIRC the current threshold is just over $60k, and I would aim for a bit more than that to allow for market and currency volatility, and an additional margin if using assets such as property or works of art to allow for the cost of sale or uncertainty in the value. E.g. If your home is worth £200,000 I'd take off say £6,000 to allow for selling costs, deduct the current mortgage, say £130,000, then deduct another 10% (£20,000) to allow for volatility/uncertainty. So that would leave a net £44,000, equivalent to about $52,000. Trying to rely on more than that in this case may be pushing your luck, but there's, not much harm in trying.

Re: Here we are again.
 

Thanks for the information! After using your calculations and taking out a few bits for paying of various bits here we would have about £90,000 left over once we sell the house and take care of everything else!

Would this be sufficient on the I864 form? Or is it better to get a family member to submit support.