samills610

Hello everyone. I found reading similar threads extremely useful when I started researching the requirements for a spousal visa a while back, and so now that my (USC) wife and I (UKC) have started the process I thought I would create somewhere to share our own journey and ask any questions related to what we have to look forward to.

Background
My fiancé / now wife is a USC and has been here in the UK on a tier 2 working visa nearly 3 years ago. We met at work when she first relocated and started dating a few months after that. After about a year together we realised that if we were to have a future together it would likely have to be back in NY/CT closer to her family which I understood. During a weekend break in the alps this past winter I proposed on what was our second anniversary, she instantly said yes. I was well aware of the difficulties in obtaining a visa for the USA and that it would not be as simple as the process she went through in applying for and securing a job in a UK company who fully sponsored and supported her visa and relocation. I have spent a lot of time lurking on this forum to eventually get us to this point and I am extremely grateful that it exists.

After a lot of deliberation and recognition of the constraints on work and travel along with the challenge of organising a wedding whilst on a K1 visa, we came to the conclusion that getting married now and seeking a CR1 visa was the most feasible solution.

We have been together for about 2.5 years, living together for approximately 1.5 years in London, and are planning to move to NYC where she was living before moving to the UK so that we are only few hours from her family in CT.

Timeline
25 Jun / Wedding - very small and quick service at our local registry office with two friends as witnesses. The full wedding party will happen in June next year when hopefully we will have relocated.
26 Jun / Completed I-130 submitted, which we had spent the preceding few weeks preparing, just needing to add in a copy of our marriage certificate
06 Jul / I-130 rejected and returned back to us in the post. I had entered a digit wrong in my credit card number that we were using for payment. I am very glad this was noticed now and not later following processing.
09 Jul / Revised I-130 sent, paying extra care and attention
10 Jul / ACRO police certificate requested
12 Jul / Germany police certificate request posted – I spent 13 months on an internship here during University. I have also spent 12 months working in India since then, however the Indian embassy apparently can't provide police certificates, so I don't need to provide one



I will keep updating this and will no doubt eventually have several questions about the next steps in the following posts. Thank you in advance and for all of the help so far whilst I was lurking and using the forum to gain some level of knowledge and basic understanding.

EDIT to add we have obviously gone down the direct consular filing office as we both currently reside in London

Noorah101

Hi, Thanks for all your details.

Double check in the Indian police certificate, just in case. Google Department of State Reciprocity Table.

Rene

samills610

Thank you Rene, for the India police certificate it says:

So fortunately that is one stressful task I can avoid - having spent time there before, I was really keen on not having to initiate conversations with the red-tape filled Indian bureaucratic system (if anybody has ever has ever experienced the several hours trying to renew their indian visa whilst already in India then they will likely know what I mean!)

samills610

So the current estimate of processing times on the London embassy website states a 68 day delay (currently processing from 2nd May). We're not particularly in any rush other than our wedding is in June next year. Fingers crossed for no further delays or any requests for additional information.


Whilst I wait, I am currently preparing or thinking about the following steps:

• UK Police certificate - requested already
• Germany police certificate - requested but will need to be translated and notarized once it is received
• 2 x I-864 affidavit of supports, one for my wife but another for her mother who has kindly agreed to be a joint sponsor as my wife has not been earning in the USA for almost 3 years now
• Medical exam - obviously cannot organise this, however I have recently visited my GP to understand my current vaccinations. Does anybody know what vaccinations are required for impending immigrants? I would be keen on avoiding the hefty Knightsbridge costs if possible, but have not been able to find a list detailing the exact requirements.

I think that is all that I can prepare now whilst I await processing, but please do let me know if there is anything else?

My other concerns are around how to prove my wive is US domiciled despite working abroad for 3 years. She does not fit any of the criteria of government / charity worker etc where this is a given. She still has bank account and credit cards registered to her parents address though, and has recently renewed her state driving license, but it is possible that due to her 3 month notice period at work she won't yet have a job offer in the US by the time my interview comes around. Has anybody been in a similar situation where they have had to prove domicile despite residing abroad?

Thank you

Noorah101

Make sure your USC wife has been filing a US tax return each year. She will need at least the most recent 3 years to go along with her I-864.

Intent to domicile is not looked at too closely at the London embassy. Just gather any paper evidence of ending ties in the UK and establishing ties in the USA. For example, a letter of resignation (she doesn't actually have to turn it in to the employer), intent to sell UK property or ending of lease, etc. House and job hunting in the USA. That sort of thing.

There should be a list of vaccinations required for an immigrant visa... have you tried Google? US Embassy London website? Our own Wiki Guide section here? Searching for past threads on this topic (there are many, I know)?

Rene

Rete

Please bookmark this for future use: https://uk.usembassy.gov/visas/

Here is the vaccination requirements as per a quick google search.

https://uk.usembassy.gov/wp-content/...cine_chart.pdf

Since your wife is there on a working visa in the UK, has she continued to file her US federal income taxes? If not, she needs to do so asap. Sorry, Rene already said this.

If you and she have the required assets you won't need a joint sponsor.

scar

Hi, just a quick follow up question on the point made about the US tax returns. I am going through this process currently now. Submitted the I-130 form (I am UKC and wife is USC). She has lived in the UK her whole life and never filled Taxes. Is her tax returns required for the next stage of the process, She is a PHD student so her parents will be my financial sponsors on paper. however, I am able to support us both on my salary.

Thanks,
Scott

mikelincs

As a US citizen she should have been filing tax returns EVERY year, even though she lives elsewhere, it is a requirement of being a US citizen, she should file returns for the last three years ASAP even though she is unlikely to have to pay anything, it just ensures she is fulfilling her legal requirements.

Noorah101

A USC needs to report all income to IRS, no matter where in the world they live. So if she ever had income above the IRS level required for reporting, she should have done US tax returns to report that.

She still needs to complete an I-864, even if she doesn't qualify financially. Her parent will be a joint sponsor and will complete a separate I-864 package.

Will your income/salary continue from the same source once inside the USA?

Rene

scar

ok, thanks - We will file 3 years returns ASAP (that will be a fun weekend). We looked quickly and she won't owe any US tax. No, I will go to USA with no job and will seek employment when I get there. I am a Information Security IT project manager so I dont see any problems with the job hunt, ive worked with companies with large US presence from the UK so my skills are relevant. Why do you ask?

Noorah101

Because if your income was going to continue from the same source in the USA, you could have used it on the I-864 and wouldn't need a joint sponsor. Since that's not the case, and I assume you don't have enough in assets, you will need the joint sponsor.

Rene

Twinkle0927

Noorah101

Exactly. The translation can be done by anyone who is fluent in both German and English. Do a search on this forum for the phrase "Magic Language" to see the verbiage in lieu of notarization.

Rene

Rete

If your wife has lived in the UK her entire life, is it safe to assume her parents are living there as well? If so, they cannot be your financial sponsor. They need to be resident in the US to be a joint sponsor. Your wife is the primary sponsor and anyone else who offers to take on the burden of being your financial sponsor needs to be either a USC or a permanent resident in the US and be residing there.

Perhaps you have assets that can be used on the I-864 so that a joint sponsor isn't required?

Also if she has lived her entire life in the UK, is she also a British citizen?

Twinkle0927