frank09

Hmm not sure where the call was routed to. It wasnt the £1.50 a minute phone line but an 0207 number. The main point that seemed to be made was that bank statements or transcripts give definite proof of specific dates that can be accepted as evidence of time in the US but that letters from individuals confirming that I lived there don't offer the evidence of time. They are looking for concrete proof of 60 months of physical presence. In that way being listed on a health insurance plan, or a lease, or anything else doesn't provide the evidence that they are looking for of actual physical presence in the States. The assumption is, if I am listed on a transcript from a college then to earn that semester's credits I was in the country. When they look at a bank statement they need to see regular tramaction for EACH month that I'd want to have counted as part of the 60.

JAJ

I would have thought that ultimately it's not the opinion of the State Department that matters. The question of who is and is not a US citizen is a matter of law that can only be conclusively determined by a US federal court.

jeffreyhy

Perhaps, but it would be so much easier, less time consuming, and less expensive, if one didn't have to take it that far.

Regards, JEff

frank09

Hi guys - sorry i've been absent for so long - wanted to update.

I had a telephone consulation with a really nice immigration lawyer in London (covent garden area i think) who didnt charge for the advice and recommended I file I130;s for the children and write an accompnaying letter asking for the case to be linked to my wife's.

The I130's were posted on the 23rd of November. With my wife's appication I heard back within a few days and she got her Packet 3 letter within a week. With the kids... one week, 2 weeks and nothing. We went as a family to the States in the middle of December, the kids has interviews at schools, we went to look for house - all the essentials to prove domicile! We arrived back on the 31st and that day my stamped addressed envelopes for the kids came back (I think this is called NOA 1 or 2 - or NOA may be skipped in London)

I know I will get yelled at for this but we have sold the house, completion is end of February.

My question is, how long do you think it will take for the kids to get theor Packet 3's so I can get my wife and them to have their medicals and immediately send of the reply that we are ready for interview? I know the question is similar to how long is a piece of string but...

And in any event, for those who remember me I thought you may be pleased with my update!

BritishGuy36

Not at all.

If you're serious about the move, the house has to go at some point. If you can sell it for what you are willing to accept for it in this climate - bite their hand off mate.

Also, if needing to use assets to satisfy the financial part of the I-864, then cash in the bank is 1000% better than house equity right now (if you had any equity, that is) as far as convincing a ConOff is concerned.

Just one word of warning; don't get too excited about the house sale, you haven't actually sold it yet (as we found out when we were at your stage). When you exchange contracts - THEN you can get excited.

frank09

Thats the thing - we exchanged december 23rd! Having read through so many horror stories about people who had their green cards but the house ws sitting on the market waiting to be sold, we decided to list the house earlier and see if we get any takers. Thankfully we did! But we risk having no home if we dont get our green cards by the end of Feb!