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I-130 / I-864 - Am I getting This Right?

I-130 / I-864 - Am I getting This Right?

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Old Jul 30th 2014, 3:46 pm
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Default I-130 / I-864 - Am I getting This Right?

Hi all,

First time poster, long time lurker

Short version of our situation...

Wife is a USC, I am UK citizen. We have been married since 2006 and have lived in the UK since that time. My wife has LPR here in the UK and we plan to get her UK Citizenship before we move to the US.

We have an adopted daughter (who we adopted together in 2008) and we have filed a I-600 to get her citizenship through her mother.

The plan is to move to the US ASAP but we do have some issues that we have to deal with here before we can go.

The first step would be for my wife to file the I-130 in London (Consular Processing) but is it correct that we do not submit the I-864 until the interview?

I keep reading conflicting information and this is a crucial factor for us because my wife doesn't have US tax returns due to her not working for the last few years. We intend to use savings and assets to meet the threshold but some of the cash we'll be using we don't have yet (we had a bad car accident for which the other party has admitted liability and we will be getting our lost earnings paid to us).

I just want to make sure the I-864 isn't submitted with the I-130 through consular processing.

Thanks!
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Old Jul 30th 2014, 4:10 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by MIEssexPeeps
The first step would be for my wife to file the I-130 in London (Consular Processing) but is it correct that we do not submit the I-864 until the interview?
Correct... but even so, you are allowed to bring an updated I-864 to the interview and ask that it supersede any existing I-864.

Ian
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Old Jul 30th 2014, 4:24 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by ian-mstm
Correct... but even so, you are allowed to bring an updated I-864 to the interview and ask that it supersede any existing I-864.

Ian
Brilliant, thanks for that Ian. That might work for us. It's just that until we get the settlement of our losses, we will be cutting it really fine for the $76k they need.
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Old Jul 30th 2014, 4:33 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Make sure you bring proof of where this large lump sum came from. Bring that info to the interview along with the I-864.

Rene
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Old Jul 30th 2014, 4:38 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by MIEssexPeeps
It's just that until we get the settlement of our losses, we will be cutting it really fine for the $76k they need.
You can delay the process at almost every step if you need time for the settlement to come through. Indeed, you can take up to 12 months between each step before they consider closing your case file.

By the way, kudos for your wife getting UK citizenship before you leave. It makes movement back and forth so much easier for the future.

Ian

Last edited by ian-mstm; Jul 30th 2014 at 4:40 pm.
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Old Jul 30th 2014, 4:44 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by Noorah101
Make sure you bring proof of where this large lump sum came from. Bring that info to the interview along with the I-864.

Rene
Thanks, Rene. It will all be done through our lawyer so we'll have a letter from them which we planned to submit with it because it all looks a little iffy if thousands just show up in my account one day

Originally Posted by ian-mstm
You can delay the process at almost every step if you need time for the settlement to come through. Indeed, you can take up to 12 months between each step before they consider closing your case file.

By the way, kudos for your wife getting UK citizenship before you leave. It makes movement back and forth so much easier for the future.

Ian
Thanks, Ian. Other than the financial side of things we should have our ducks in a row. We're doing my wifes citizenship next month, I've had all the jabs I need. The only thing that concerns me is I had the BCG (TB) jab and they can't find it in my medical records because they were done in school in my day. That might flag me up at medical. We have all the paperwork ready to go, just need to send in my ACRO which won't take long because I have CRBs done regularly because I worked in a school.

The only reason I haven't filed the I-130 is that we have a holiday to Florida booked and I don't need to be grilled for 2 hours at Orlando because of the petition!
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Old Jul 30th 2014, 4:50 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by MIEssexPeeps
The only thing that concerns me is I had the BCG (TB) jab and they can't find it in my medical records because they were done in school in my day. That might flag me up at medical.
You can always request a titre test! If the antibodies exist, you don't need the jab.


The only reason I haven't filed the I-130 is that we have a holiday to Florida booked and I don't need to be grilled for 2 hours at Orlando because of the petition!
Going to see the Mouse then, eh? Lots of fun! My brother and I (and, of course, our wives) are going to Cocoa Beach in January to watch a rocket launch! Not as exciting as seeing the space shuttle take off, but pretty awesome anyway.

Ian
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Old Jul 30th 2014, 7:37 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by MIEssexPeeps
The only thing that concerns me is I had the BCG (TB) jab and they can't find it in my medical records because they were done in school in my day. That might flag me up at medical.
FYI, the US does NOT administer nor require the BCG immunization. See the CDC information.

Actually, the one effect of a BCG jab is that can cause a false positive on the tuberculin skin test. From what I understand, the panel surgeon in the UK uses the blood test instead. CDC says this about it: TB test.
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Old Jul 30th 2014, 7:46 pm
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by ian-mstm
You can always request a titre test! If the antibodies exist, you don't need the jab.



Going to see the Mouse then, eh? Lots of fun! My brother and I (and, of course, our wives) are going to Cocoa Beach in January to watch a rocket launch! Not as exciting as seeing the space shuttle take off, but pretty awesome anyway.

Ian
We'll actually be moving about 30 minutes from Cocoa Beach. My wife is from Michigan but doesn't want to go back there and we figure, we go to FL every year on vacation, might as well move there and save ourselves a few quid!

Originally Posted by S Folinsky
FYI, the US does NOT administer nor require the BCG immunization. See the CDC information.

Actually, the one effect of a BCG jab is that can cause a false positive on the tuberculin skin test. From what I understand, the panel surgeon in the UK uses the blood test instead. CDC says this about it: TB test.
That's what worries me. I know the BCG shows as a positive on the skin test, but I have the scar from the BCG so I guess I'll just explain and ask them to do whatever test they need to. Good to know that they use the blood test instead. Thank you.
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Old Jul 31st 2014, 8:17 am
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by MIEssexPeeps

That's what worries me. I know the BCG shows as a positive on the skin test, but I have the scar from the BCG so I guess I'll just explain and ask them to do whatever test they need to. Good to know that they use the blood test instead. Thank you.
They didn't talk to me about the BCG at my medical at all. The only vaccinations they were concerned with were MMR and TDaP (and flu jabs in season). I thought I'd read that the blood test is to check for syphilis and the chest x-ray is to check for TB but I can't find that document now. I really don't think the BCG is an issue.
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Old Jul 31st 2014, 8:24 am
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Default Re: I-130 / I-864 - Am I getting This Right?

Originally Posted by BunnyGirl
They didn't talk to me about the BCG at my medical at all. The only vaccinations they were concerned with were MMR and TDaP (and flu jabs in season). I thought I'd read that the blood test is to check for syphilis and the chest x-ray is to check for TB but I can't find that document now. I really don't think the BCG is an issue.
Thank you. I don't think it is an insurmountable issue but it sounds like they're fairly well versed on it. In my day the BCG was routinely given so I think they probably know that.

Thanks to everyone for your help!
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Old Aug 1st 2014, 4:40 am
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Default Re: I-130 / I-864 - Am I getting This Right?

Worst case is that if the skin test comes up as a false positive (suggesting you have TB even though it's actually just a reaction from your BCG), then you'd have to get a chest x-ray which would rule out TB. A minor inconvenience, a little more time and $$.

I also had the BCG but fortunately my skin test for TB was a negative - albeit marginally so.
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