Ian Andrews

My wife is an American citizen and we are living in my home country of England at the
moment. We were married in March of this year.

We would like to know how easy it is for us to move to the USA to live and
work there.

Some people have told me that we should have no problems but I am not that sure it is
that easy.

Are there any good websites to look at and which forms will need to complete.

Is anyone willing to share their experiences with us. I can be contacted on my email
[email protected] or through ICQ my # is 14303077

Many regards

Ian

Mark Carroll

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(snip)

Yes, it's fairly easy - if your wife is resident in the UK, the I-130 can be filed
through the US embassy in London. You can see my timeline at
http://www.chaos.x-philes.com/home/m...30-london.html Good luck!

-- Mark

Jb

Mark Carroll wrote:
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[usenetquote2]> >My wife is an American citizen and we are living in my home country of England at[/usenetquote2]
[usenetquote2]> >the moment. We were married in March of this year.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >We would like to know how easy it is for us to move to the USA to live and[/usenetquote2]
[usenetquote2]> >work there.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >Some people have told me that we should have no problems but I am not that sure it[/usenetquote2]
[usenetquote2]> >is that easy.[/usenetquote2]
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Congratulations on your marriage.

I agree with Mark and in fact we used his page as a guide. Also read the web pages of
the US Embassy in London. If you have no criminal record or medical problem that may
bar you from entering the US it is a straightforward process. My British wife and I
(USC) did I-130 DCF in London this past summer (and we're still here in the UK).

You should get your police certificate as soon as possible and also gather your
immunization records. In my wife's case these items took the longest to collect.

If all of your paperwork is in order it is really quite simple. We could have had the
entire process done in under 3 months but we encountered a delay here and there. In
the end ours took about 5 months but since we were in no hurry we didn't mind (and
the delays were down to us not the Embassy).

Also, I recommend reading the I-864 Affidavit of Support form (download it from the
web). Your wife will be required to sign this and promise that you will not request
state benefit in the US. She will need to have a job or a promise of a job in the US,
prove that she wants to establish domicile there and provide the last three years
federal tax returns (or electronic printouts from the IRS). If she does not meet the
minimum income requirements you will need a US citizen as a co-sponsor (people
usually ask a family member).

If you have additional questions I recommend posting to alt.visa.us.marriage-based if
your ISP carries it. There are many experienced people there.

Or, send me email and my wife and I will be happy to answer any questions.

joe

Moonrose13

Dear Ian,

<< My wife is an American citizen and we are living in my home country of England at
the moment. We were married in March of this year.

We would like to know how easy it is for us to move to the USA to live and
work there >>

I am an American woman who married my Singaporean husband in Singapore. It was a long
and difficult process for us. It took two-and-a-half years. I was very fortunate to
have been able to live in Singapore throughout the duration of the process. Not
everybody is that lucky. At the time, the K3 Visa did not exist. I hear that visa
makes the process a lot quicker for married couples. I have read that a couple of
people got those visas quite quickly. You might want to look at that route. You have
been married less than two years. So if you get a green card before two years is up,
it will be a conditional one. My husband entered this country after we had already
been married over two years. So his card is a permanent one, good for ten years.

But whatever you do, hang in there! My husband has been in the United States for just
over two years. The long wait and emotional roller coaster were more than well worth
it. My husband and I are together in the United States.

Love and Blessed Be, Theresa

Jb

MoonRose13 wrote:
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If he's doing this in London he should not need the K3. The entire process should
take no more than 3-4 months on average. I would only investigate another avenue if
it proves impossible to do DCF via the Embassy in London.

Shelley

A US citizen legally living in a foreign country can (nearly) always do DCF at the
local consulate (I believe someone posted a problem once, but that was in China). To
the original poster - You need to contact the US Embassy in London - by phone or
e-mail - and they will send you the documents you need to file. You can also post
questions in alt.visa.us.marriage-based There are folks in that NG who have gone
through this process and can give you more help. Take Care. Shelley

<snip>
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Shelley

There is a difference between filing the I-130 petition and doing DCF. Specifically
for the UK Embassy - DCF can only be used if the US citizen spouse is a legal
resident of the UK, which is the case for the original poster. DCF allows all the
paperwork for the I-130 to be filed directly at the Embassy, and processing
historically in London for this type of visa is 3-4 months. At some consulates, DCF
only takes a week to process; the longest I heard was 5 months. Some countries allow
DCF for US citizens not living in their country, but all allow USCs who are legal
residents of the foreign country to file this way. After all, how could they file an
I-130 in the US since they have no US address? The I-130 is filed in the US, and then
approval is generally sent to NVC, and then on to the Embassy/Consulate. This process
takes at least a year, which of course is why folks are using the K-3 to speed things
up. Take Care. Shelley

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Visa?
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We
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did.
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also
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Ian Andrews

OK I am not wanting you to get into an arguement over me but I will stir things
up a bit!!!

I have written to the US Embassy asking for all the relevant paperwork, so I am
waiting on this to turn up.

However, at which point do we have to get into the realms of sponsorship,if at all.
While in the US my wife only worked part time and therefore was under the minimum
wage. I know that an immediate family member can sponsor us but her father was the
only one that works and I am guessing that he will not make enough to sponsor me and
provide for his wife. So what do we do if that is the case?

I assume that my wife, being a US Citizen, does not need to be sponsored, or does
she?

Final thing for now is what happens if my wife has been here for 3 years and does not
have any tax returns to submit?

OK let battle commence!!!!

Regards

Ian

Shelley

See text

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sponsorship,if
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that > he will not make enough to sponsor me and provide for his wife. So what do
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Your wife will need to sponsor you so you can get a visa to come to the US. She is
only person who can sponsor you. You may need a co-sponsor. Any US citizen or
permanent resident can be a co-sponsor. Their income level must be enough for their
family + you, not your USC wife.

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or
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see above answer

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and
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As a US citizen, your wife is required to submit her taxes every year, no matter
where in the world she is living. She can and should file her taxes now, using form
1040x. Then she will have them when you file your paperwork.

More information on DCF filing can be found at
http://www.geocities.com/immigration_helpsite/index.htm

Take Care. Shelley

Jb

MoonRose13 wrote:
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It is possible via DCF which is what I suggested in my original reply.

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I think this is the case often when the USC marries in a foreign country and then
returns to the US either because DCF is not possible or because they did not know
about it. Some USCs were even advised on alt.visa.us.marriage-based to cancel (or not
send) the I-130 to the service center and return to the foreign country to do DCF.

Yours is the only case I've read in the newsgroups where you were living in the
foreign country and the process took 2 years. Was DCF not allowed there? Or did you
not fit the requirements (not a resident of the country)?

As Shelley mentioned some US consultate in Europe do not have a residency requirement
for the USC and the entire process can be done in less than a month. My wife and I
considered this until we discovered (reading other web pages) how quickly the DCF
process would be in the UK.

Jb

Shelley wrote:
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Yes, this is our experience with the Embassy in London. In fact, I (the USC), did not
have to be legally resident in the UK (I don't have the equivalent of a 'greencard'
here). The requirements vary. My feeling is that as long as you're not on a Visa
Waiver in the UK the USC can probably do DCF. The Embassy in London web pages do not
say that UK ILR is required, just 'proof' of residency. Since the original poster's
wife has been here for several (?) years I'm sure that won't be a problem.

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Well, I don't have a US address (don't own property there) so I used my parent's
address. This was never questioned. The Embassy was more interested in whether I
would continue to be employed in the US.

There are US consulates that do not allow DCF at all, I believe, even if the USC is a
resident of the country. I may be wrong about this. As I understand it, Canada does
not do DCF and neither does the Philippines.

Jb

Ian Andrews wrote:
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Good. This should take only about 7-10 days. I'm sure you asked for all the documents
on their web site, I-130, G-325a (one for each person, you ad your wife will complete
one of these) and credit card paying in slip (if needed). There may be one other form
to request at this stage, I can't remember.

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You will get in to the realm of sponsorship so you had better sort it out as soon as
possible. Find the income requirements by downloading a copy of the I-864 somewhere.

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No, USCs are never sponsored, the intending immigrant is.

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My advice is for her to file all 3 year's worth now. A US citizen living abroad must,
by law, file a return that lists all worlwide income no matter where in the world he
or she lives even of no tax is owed. There are circumstances in which a return does
not have to be filed, I think, but I'm not entirely sure about that. I belive it
depends on income level.

Your wife must be, as I understand it, the primary sponsor no matter how little she
earns. You then find a US citizen to be your co-sponsor. The co-sponsor has to
complete an I-864 (in addition to the one your wife will complete) and send copies of
their tax returns for the last 3 years. The sponsor's I-864 will have to be notarised
since he or she will likely not be present at the interview. Your wife's I-864 can be
signed by the consular officier at the interview (provided she attends). The
sponsor's I-864 will be included as part of the paperwork you will eventually bring
with you to the interview.

Be aware that the sponsor, by signing the form, is entering into, in effect, a
contract with the US government and promises, under civil penalty (a potential fine,
I believe), to ensure that you, the immigrant, will not accept state benefit until
you have worked for "40 quarters" (ie, 10 years) in the US. I have read that some
sponsors have objected to this so be sure the sponsor knows the requirements.

I suggest that you post additional questions in alt.visa.us.marriage-based if you ISP
carries it since I have no experience with a co-sponsored I-864 and many people who
read that group
do.

The rest of your paperwork should be straightforward. As I said earlier, get the
police certificate and immunisation records sorted out now. The rest of it will be
forms that you and your wife will complete. There aren't that many.

If all the paper is in order (and no felonies or medical problems on your record)
there is little chance of being denied. Based on our experience I was surprised to
read about so many anxious people who posted before their interviews. We spoke to a
consular officer for less than 10 minutes, were never "sworn in" (at least I wasn't)
and were out of the Embassy before midday. In total time, I think we waited in the
doctor's surgery longer than we were in the Embassy itself.

Try a google search for "I-130 DCF London." You should get a few good ones. Here is
the one my wife and I referred to most often.

http://web.ukonline.co.uk/jm.johnson/i130nf.htm

Some of the form numbers may have changed slightly and I have heard that the forms
themselves have changed as well (some questions removed, form rearranged) but the
process as described on that page is almost exactly what my wife and I experienced
this past autumn when we did DCF I-130 in London.

joe