Noorah101

Ugh, I've been using my phone. Hate it!

Rene

New England Pete

That's great thank you, think this is the best route for us even though it means not being together for a while.

ian-mstm

Does your phone need coffee?

Ian

ian-mstm

Unfortunately, that's very often the reality of an international relationship vis-a-vis US immigration. Still - it's usually only a few months apart... and that's quite doable!

Ian

New England Pete

Well said, appreciate your help guys, off to get a bit more educated.

Thanks

rpjs

In theory, your wife could drop her I-130 petition into a pillar box on her way to the airport in order to return to the US. As others have said, it would be sensible for her to wait until you know the I-130 has been received and accepted by the London USCIS office before she leaves. Her residing in the US by the time you have your visa interview will also be advantageous in resolving the resuming domicile issue.

One other thing she should consider before leaving: has she been filing US tax returns whilst living in the UK. If she hasn't, she should file the last three years now through the IRS office in London, except for any in which she didn't reach the filing threshold (a few thousand dollars). She almost certainly won't have to pay any tax, but filing is necessary for her to sponsor your affidavit of support. There is a very good article on the wiki of this site that explains how to do it.

rpjs

Ta!

New England Pete

Thanks for that rpjs. So you think that's a good thing my wife being over there?

No she hasn't been filing US tax returns, we will get down to that. Is it just a case of sending her P60 end of year details do you know? I wonder how long that takes to go through the system to allow her to sponsor me. I will look for the wiki. Great advice thanks

Noorah101

Yes.

She needs to file IRS Form 1040 plus whatever proof of income she has, I guess a copy of the P60 (although maybe two of them, since I think your tax year is different). There is a very helpful IRS Dept at the US Embassy in London that specializes in helping USCs there file a US tax return. She can give them a call.

She already qualifies to sponsor you by being a USC. The tax return is just part of the requirement for filing the I-864 Affidavit of Support. Which you guys should probably look at sooner than later, to make sure she has a way of meeting those requirements. It's all in the I-864 instructions found at www.uscis.gov, and also the I-864P which shows the level of income/assets required.

Rene

New England Pete

Thanks Noorah101, do you know if there is a wiki listing everything we need to do as I keep hearing of more forms. At what point do we fill in I-864 & I-864P? I'm assuming to begin with we just send the I-130 with a G-325a for both of us.

Noorah101

Here you go!

http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

1. File the I-130 with all the required backup forms/documents.
2. Get your police report.
3. When you have an LND case number, get your medical exam done.
4. Attend the interview (the I-864 goes with you to the interview).

Those are the basic steps. Read the Wiki Guide in the link above, and also read the thread called "DCF in London - Timeline Only" to see what everyone else has done.

If you start reading stuff about NVC, you can stop reading that, because your case will not go through NVC. That is only for I-130's filed in the USA.

Rene

New England Pete

That's great Noorah101, you are a hero.

I will go off and read, many thanks

rpjs

Re filing taxes, read this, carefully: http://britishexpats.com/wiki/Taxes_..._IRS_in_London

There's no need to provide proof of income - British tax years are different from American so P60s wouldn't be any use anyway.

Note the "visa application tip" - send a second copy of the 1040s with an SAE and cover letter asking them to return the copies stamped "Received". Take the copies to your interview along with your wife's I-864.

Don't worry too much about the I-864 at this point. If your wife returns to the US ahead of you and starts working for her b-i-l straight away that should be straightforward.

richbogle84

Hi Pete,

My wife an I were in a similar situation, living in the UK and planning a move to the US. Note the use of 'similar' not 'same' since every case is slightly different - as an example, we hadn't been married for as long as you when we made the decision to move.

While I appraciate it can seem overwhelming at first, the BE regulars are doing a great job of keeping you on the straight and narrow with these things. Trust them, I did

I would definitely recommend checking out the link that Rene shared with you...

Additionally, I created a full write-up of my own visa journey, filing DCF like it seems you're going to do. Again, it's not a perfect match to your situation but might help provide some context, manage some expectations, and also give some help in terms of what to do/submit at the various stages in the process.

http://britishexpats.com/forum/showthread.php?t=790299

If you have any questions on there that I can help with, don't hesitate to ask. Again though, whilst it's likely to be of some value, I would recommend you ask questions and trust the advice of the regulars on here. I'm sure it seems daunting right now, but with the help of the kind folks on here and some diligence on your part, you'll navigate these waters just fine

Rich.

S Folinsky

Somewhat OT: a long time ago when I was in practice, I had a client who filed for adjustment based upon a long approved "FB-2A" [spouse of a lawful permanent resident]. The husband dropped the petition and check in the mail box and was murdered on the way home.