Wilto

Married my American Wife in the UK back in July, we have decided enough is enough and we are going back to her home state of Florida,

Now then just want to some advice on the process.
Sending the I-130 on Monday, if I can get to the PDF file off the USCIS website, it is down for some reason....

G325 for both of us.

And the fee.

At the moment it's taking 11 days to process applications.

So 11 days to process, could it be weeks/months before they make a decision?

Anyway obviously the medical exam comes before the interview.

But is that basically it? I130 then med exam then interview then VISA? Or am I being naiive?

Just to throw a spanner in the works I'm going to the states for 3 weeks in March, I'm assuming this will be ok as I have my passport in my posession. We will be house hunting and job hunting as well as having a holiday but of course unless seriously probed we are just vacationing!

fatbrit

Naive! Budget 6 months if your wife was able to file with the consulate, 8 to 10 if not.

Wilto

you could have read my post properly!

I know, 11 days to accept it let alone look at it :P

I was thinking 6 to 9 months.

We will be filing it in London, but more what I'm worried in the immediate our trip to the states, do I have to wait until after to file the I-130.


Also is the process as stated......I-130 + G325 > Med exam > interview.

Because I seem to have read so many different processes.

fatbrit

You know, there are so many forms to file I can never remember them all. But Rene or Mo will be along in a moment with the long list. While we're waiting, the first thing to sort out is whether your wife can file with London or needs to file in the US. That depends on her status and length of stay in the UK. So if you can get that one answered, that'll speed your query along.

Wilto

She's been in the UK as a dependent of her Father as his job came here. They came over here in June of 2005.

Since then she is obviously no longer a dependant of her Father and that status has been removed from her visa and is now on a limited leave to remain passport with no recourse to public benefits. Which runs out in May of 2010.

Noorah101

1. What has been you wife's status in the UK since last July? You're cutting it very close to the required "6 months of permanent status in the UK" for a USC to file the I-130 in London.

2. You're forgetting the I-864 Affidavit of Support, does your wife qualify for that? If not, you might be able to use assets if you have enough, but probably not your primary residence. If not, you'll need a joint sponsor. Look at www.uscis.gov, Immigration Forms, I-864 and I-864P.

3. Your wife also will have to prove intent to domicile in the USA. Many threads on here regarding that.

4. Also the packet of forms you'll be receiving for the Immigrant Visa. Those forms can be found on the US Embassy in London's website, but you have to wait for them to send you the forms, because they are barcoded. But you can get a head start by looking them over.

5. You'll need a police report from each country you've lived in for 6 months or longer over the age of 16.

6. Figure about 4 to 6 months for processing, from I-130 to Immigrant Visa in hand.

7. Yes, you can still visit the USA using the VWP while the process is going on. Bring proof of your ties to the UK just in case they ask at the POE.

Do a search on this forum for "DCF" or "Direct Consular Filing", and look up posts by meauxna. She has links in her signature for more information.

Best Wishes,
Rene

Noorah101

Oops, never mind my comment number 1. Sounds like she will qualify.

Rene

Wilto

Right then,

I have the I 864, although my wife has never filed a W2 US tax return due to her never having worked until coming to the UK. Does that mean she doesn't qualify?

We don't really have much in the way assests unfortunately.
Also where we state current household income, do we put in dollars at the current rate?

Domicile, we are hoping to get pre approved for a mortgage before the interview, would that suffice but we may have problems due to me not havign a social security number.

meauxna

The whole process is detailed in the 2 links in my siggy; the first will give you a general overview, the 2nd will lead you to the London-specific I-130 instructions.. you must include everything they ask for or expect it back to you.

London has been pretty consistent with Immigrant Visa cases taking 4-6 months from petition to visa in hand.

You'll be able to declare your March travel on your visa application DS-230, which will probably be due right around the time you get back. By 'due' I really mean 'requested'. You don't have any urgent deadlines to meet with your applications as long as you don't plan on taking more than a year from I-130 submission to the rest of your application.

The I-130 download is working for me from USCIS; get your instructions there too, although London does a funny thing. They specifically say on their instructions that you should DISregard the instruction to add the 'additional evidence of bona fide marriage'. They will then often turn around and request further evidence of your bona fides.. like affidavits. My tip to you would be to have those items prepared in case they are asked for and don't worry if they are not.

You are allowed to go house and job hunting on your visit; there is no need to hide your intentions. Of course you should only answer the questions you are asked and not tell a novella to the border agent.

meauxna

A W-2 is the equivalent of a P-60 I believe; an annual wage statement from a US employer.
A 1040 is a US income tax return. She may still be required to file a US income tax return even if she did not work in the US. Tax treaties mean that she won't have to pay tax twice (assuming she paid it to the UK) but she does need to report it. Look for BritishGuy36's wiki entries on tax and the links in his siggy.. he's helped break it down for people in your situation.
If your wife didn't earn enough anywhere to require filing, she can cite the portion of the tax code that says she was not required to file in lieu of including the returns.

That said, the I-864 still needs to be completed. It can be satisfied with income in the US, assets (including a combination of income/assets) or a Joint Sponsor.
Please read the pinned thread on I-864 FAQs.. a lot of what you want to know is answered in there.

Wilto

Now as I said we are hoping to be pre-approved for a mortgage in th sates, and it's going to be tough getting a job offer without social security numbers I would imagine.

But if we get neither then we are in a sticky spot? And we would then have to go down the joint-sponsor route with her parents?

Just as an after thought.......why would I go to America to get benefits when I can get more benefits here, without going through the hassle of visas etc?

Wilto

Ok will read that FAQ...good idea!

meauxna

Job offers and SSNs are mutually exclusive.. nothing to do with each other.
You do have to have permission to work to accept a job, and if you will be arriving with an Immigrant Visa, your SSN will be along shortly after you arrive (if you apply for it with your visa, and why wouldn't you).
Job offers normally will not be enough to satisfy the I-864.

Domicile and meeting the financial conditions of the I-864 are really two different things.
If your wife has not been living outside the US for that long (it's only been a few years by your post) domicile is probably not your biggest worry. A promise from the Sponsor (wife) to take up her US domicile before or at the same time you arrive is generally sufficient, especially for London.

The job market is tough, and Florida is extra tough. Don't even get me started on mortgages right now. You'll be making things hard for yourself if you land expecting the climate to be like 2005 (I know I went through my own shocks when returning).

Wilto

Ok I am now wiser for reading the faq.

On monday I would as I said get the first part of the application under way.

So just as a checklist I'm going to send

I-130 plus evidence and everything on the checklist.
G 325 for me and for my wife.

At what point do I need the affidavit I 864 - is that to take with me to the interview, because we are looking at her possibly going ahead of me once I get an interview date to go and live with her parents and do some serious job/house hunting.

Only thing is I need some official documents like mortgage approval certificates and job offers.

Wilto

We will be starting off in Pensacola Florida which has seen some pretty big moves in the housing market.

on pensacolamls.com around 1000 houses between 65K and 100K in Pensacola region.

Also there are around 1500 jobs being crated in the 3 military bases in the panhandle over the next year. With my degree and experience in senior retail managment, I'm hoping to find something, even if it's menial duties for a few months anything will do but!

So in all seriousness the main thing we are needing to be worried about is the financial situation on the affidavit.