Deejames

Hi everybody,
I'm new here, and new to posting on forums too! So please bare with me in this long post.
We've just posted my I-130 to the embassy in London.
My husband is a US citizen, by birth and has a UK passport as his mum is BRITISH.
I am BRITISH and he's applying for my visa as his spouse.
We have been married 7 years, living together in England for 9 years but now plan to move to the USA.
Reading through all the very helpful posts, I think I get the gist of the process.
We now wait for confirmation that they have receive our application, and we will hopefully be given a timescale for the next stage?
I see from reading others experiences that they will ask for a criminal background check form ( sorry, I don't have the knowledge of the codes for forms yet) which I can do online at Acro? Could I send off for that now so it's ready for when the embassy request it, or is it time sensitive? Could it be too early?
We will also be having my in laws who live in Florida, as a co sponsor. What info do we need from them, as we could try to get that all together now, so it's ready to go when the embassy request it.
Where and how do we book my medical?
My husband and I will be looking for work in the US, and have a couple of prospective job offers, but as I'm not legal to work over there, it's proving difficult to get the actual offers. Could a job offer help the process?
I'm worried about travelling to the U.S after reading that it's risky to do whilst the I-130 is in application stage. I would be visiting family but would also be trying to fit in job interviews too? Could this harm my application?
I appreciate any help or advice you can give. My heads a whirl right now :-)

rpjs

You can get the ACRO check now. It has a validity on it of six months BUT the Immigrant Visa Unit in London will accept it for up to a year from date of issue.

Once the I-130 petition has been approved you'll receive a LND case number. You'll need that and your ACRO certificate to make a medical appointment with Knightsbridge Doctors in London (the details will be on the US Embassy website somewhere). Be aware though that your eventual immigrant visa will be valid for only six months from the date of your medical, so plan carefully about when you want to do the medical.

You can visit the US with an I-130 in the works, lots of people do. You can go to job interviews but you can't accept an employment offer or work until you've entered the US on your immigrant visa.

Deejames

Thanks rpjs.
We weren't planning to move until September, due to financial reasons, assuming my visa is granted by then?! unless we had a job offer and my visa was in place sooner. So I will leave the medical until closer to the interview date then.
Do you have any experience of sponsors.
Do they only have to send 3 years tax returns?
Is there anything else I need to do whilst I'm waiting?
Many thanks for your help

ian-mstm

As you go through the process, you'll come to understand that terminology is important - and the responses you receive will be better as a result.

So, to clarify, the I-130 is your husband's petition... not yours!


Actually, you'll be one applying for the visa... not him. Immigration is a 2-step process. Once the I-130 petition is approved, then you will be invited to apply for the visa.


The I-130 is a petition that establishes the relationship between a USC and a non-USC. It's not an application... you're not applying for anything at this point in time. The entire process will take about 6 or so months from start to finish.


The ACRO certificate is valid for one year - so it's not really time sensitive in your situation.


One of your in-laws will be a joint sponsor (not co-sponsor). There can be only one joint sponsor. If that in-law requires the income of the other in-law, the other in-law is known as a "contributing household member".


The joint sponsor must complete form I-864, and include whatever documentation is required with that form. The household member (if required) must complete form I-864A. Your husband, as your USC sponsor, must also complete an I-864. All the forms are available online at www.uscis.gov. Make sure that you also download the instructions and the I-864P.

Has your husband been filing US tax returns as required by US law? If he hasn't, he'll need to file the most recent 3 years' worth of returns.


Once you have an LND case number, you can book the medical. Don't get the medical done too soon as it will affect the validity of your visa. Also, you must take a copy of the ACRO certificate to the medical.


No. There is no requirement that either of you work in the US.


There is no more or less risk than at any other time.


No. You are allowed to attend job interviews and, contrary to what rpjs wrote, you are allowed to accept employment. The only thing you can't do, is sign any papers to that effect... because in that moment you'd become a de facto employee - and you don't yet have permission to work in the US. He is correct that you can't work while you're visiting... but you will be authorized to work the day you enter the US with your immigrant visa = the end result of your husband's I-130 petition.


Yes. The joint sponsor will also need to provide proof of US citizenship (or PR status).

Ian

Deejames

Thanks Ian,
Yes, I do need to learn the terminology :-)
My american husband hasn't filed tax returns whilst living in the UK?
I need to look into this! Didn't realise he should have been?
He's been in England since 2006.
Could this be a problem with the i-130?

Deejames

Just checked into filing his returns, we will get that done now.
Oops!!! Spoke to a tax advisor and he said it's very common for US citizens to not realise they need to do it, but it's very straight forward as we don't have loads of money :-)

ian-mstm

No worries... it's a very common scenario. Keep in mind that the obligation is to file... he may not have any actual tax to pay especially if any UK income has already been taxed.


Not if he files, no.

Ian

Manjo

I don't believe that the last 3 years tax returns is a requirement, you only need to provide the most recent one, at least we did.

Noorah101

The most recent tax return is what's required. The ConOff has the right to ask for more, and typically asks for the most recent 3 years.

Rene

ian-mstm

Although it was not your experience, the officer often asks for 3 years' worth of returns. It's the difference between what's supposed to happen and what actually happens.

Ian

Deejames

We're in the process of trying to find someone to help us fill out the tax returns.
We've tried to do it ourselves, but a bit baffled with the info and extra forms required? James always had a tax advisor do it when in America, and was charged a couple of hundred dollars.
We've had a couple of quotes of £1500-£2000 to get them filled out in our behalf here, which we found shocking! And can't really afford
All the returns will basically be the same, apart from bank statement amounts varying slightly, year to year. Does anyone have someone they can recommend for assistance? That doesn't cost so much? We really need only one year filling out, then we can almost duplicate it for the other years, as it's only a salary which falls way under the threshold for paying any tax.

Deejames

Once the 1040 are filed for the previous 3 years, do we then take a copy to the embassy on interview day? Or are they asked for by the embassy before?

rpjs

Have a look at this page on the BE wiki. We followed it and had no problems.

Deejames

Wow!! Thank you rpjs, that it very helpful :-)

Noorah101

Is his salary low enough so that he doesn't need to file s tax return at all? Or above that amount, but not enough to PAY any tax?

Rene