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British/American Family Moving to US

British/American Family Moving to US

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Old Sep 20th 2002, 12:40 pm
  #1  
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Default British/American Family Moving to US

I am American, moved to UK on Fiance' Visa and married a British citizen. I now have permanent residency in the UK, since 1994. We now have a daughter, who holds a British Passport as well as US Passport, same as me. She holds an American Citizenship as well as British.

I understand we need to file I-130, which states a separate petition must be filed for each person immigrating to the US.

Q. Does this pertain to our daughter as well as my Husband? I'm not clear on this, as she is an American citizen already but has never lived in the US.

Also stated that it is possible to begin the administrative porcessing of an immediate relative application (Packet 3) before the INS approves the petition.

Q. Is the Packet 3 forms filed WITH the I-130?

Q. Also, I'm not clear as to WHEN we submit the I-864 Affidavit of Support. At what stage in the process is this done?

Q. And finally, what needs to be done, on my husband's part, in regards to leaving the UK? Does he need to notify any offices? What happens regarding taxes, pensions, etc.

I realise this is loaded with questions, any help would be greatly appreciated.

Many thanks,
--Dianna
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Old Sep 20th 2002, 2:35 pm
  #2  
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Default Re: British/American Family Moving to US

Sorry, only have the answer to one of your questions

Your daughter does not need to file a petition, she is a USC, she must however, as must you, come to the states using her US Passport.

As far as telling anyone your husband is leaving the UK, when I left in 1992, I told no-one, this may have changed by now.

hopefully other people will respond

Good Luck

Simon
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Old Sep 20th 2002, 7:20 pm
  #3  
Lucy
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Default Re: British/American Family Moving to US

    > As far as telling anyone your husband is leaving the UK, when I left in
    > 1992, I told no-one, this may have changed by now.

I told the inland revenue. They have a form to fill out if you're leaving
the country. That way, they give you a statement showing that all your taxes
have been paid, so when you file your next US tax return, they don't try to
tax you as well.

As for pensions, I have a company pension in the UK with my previous
employer. I was told I can't transfer it overseas and I can't get the money
out until I'm 65, so it's just sitting there. Don't know what pension plans
you have but you may or may not have the same problem.

I kept my UK bank account open, so I told them where I was going (just as a
change of address).
 
Old Sep 20th 2002, 8:42 pm
  #4  
Sylvia Ottemoeller
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Default Re: British/American Family Moving to US

"therodways" wrote in message
news:420579.1032525613@britishexpats-
.com
...

    > I am American, moved to UK on Fiance' Visa and married a British
    > citizen. I now have permanent residency in the UK, since 1994. We now
    > have a daughter, who holds a British Passport as well as US Passport,
    > same as me. She holds an American Citizenship as well as British.
    > I understand we need to file I-130, which states a separate petition
    > must be filed for each person immigrating to the US.
    > Q. Does this pertain to our daughter as well as my Husband? I'm not
    > clear on this, as she is an American citizen already but has never
    > lived in the US.

No. She should enter the U.S. as a U.S. citizen, with her U.S. passport.

    > Also stated that it is possible to begin the administrative porcessing
    > of an immediate relative application (Packet 3) before the INS approves
    > the petition.
    > R. Is the Packet 3 forms filed WITH the I-130?

My understanding is that Packet 3 documents can be filed at the same time as
Form I-130, if they are ready. I think these applications go to different
sections within the Embassy. When the I-130 is approved, the approval
notice is transmitted to the Immigrant Visa Branch.

See http://www.usemba-
ssy.org.uk/cons_web/visa/iv/immrel.htm
,
http://www.usembas-
sy.org.uk/cons_web/visa/iv/ivprocess.htm
.

By the way, Packet 3 and Packet 4 have had their names changed recently,
and the form numbers of Form OF-230 Part I, biographic information, and Form
OF-169, document checklist and statement of possession of documents, have
changed to Form DS 230 Part I, and DS 2001.

See http://www.mind-
spring.com/~docsteen/visainfo/visainfo.htm
, accept the
disclaimer, and go to "DCF: Which Visa?" This does not have much
information about U.K. direct consular filing in particular, but it could be
helpful.

http://www.chaos.x--
philes.com/home/mark/i-130-london.html
and
http://www.ameriscot.com/i130/ are sites
with personal accounts of DCF
filing in the U.K.

    >S. Also, I'm not clear as to WHEN we submit the I-864 Affidavit of
    > Support. At what stage in the process is this done?

I'm not sure about that either.
http://www.ameriscot.com/i130/ implies
that
it is brought to the interview along with all the other documents.
 
Old Sep 20th 2002, 8:45 pm
  #5  
Sylvia Ottemoeller
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Posts: n/a
Default Re: British/American Family Moving to US

"therodways" wrote in message
news:420579.1032525613@britishexpats-
.com
...

    > I am American, moved to UK on Fiance' Visa and married a British
    > citizen. I now have permanent residency in the UK, since 1994. We now
    > have a daughter, who holds a British Passport as well as US Passport,
    > same as me. She holds an American Citizenship as well as British.
    > I understand we need to file I-130, which states a separate petition
    > must be filed for each person immigrating to the US.

[snip]

    > Also stated that it is possible to begin the administrative porcessing
    > of an immediate relative application (Packet 3) before the INS approves
    > the petition.
    > R. Is the Packet 3 forms filed WITH the I-130?
    >S. Also, I'm not clear as to WHEN we submit the I-864 Affidavit of
    > Support. At what stage in the process is this done?

One other thing: ask your questions on alt.visa.us.marriage-based. There
are probably several readers who have done DCF in London more recently.
 
Old Sep 21st 2002, 1:07 am
  #6  
L D Jones
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Posts: n/a
Default Re: British/American Family Moving to US

Sylvia Ottemoeller wrote:
    > "therodways" wrote in message
    > news:420579.1032525613@britishexpa-
    > ts.com
    ...
    > > I am American, moved to UK on Fiance' Visa and married a British
    > > citizen. I now have permanent residency in the UK, since 1994. We now
    > > have a daughter, who holds a British Passport as well as US Passport,
    > > same as me. She holds an American Citizenship as well as British.
    > >
[ ... ]
    > >S. Also, I'm not clear as to WHEN we submit the I-864 Affidavit of
    > > Support. At what stage in the process is this done?
    > I'm not sure about that either.
    > http://www.ameriscot.com/i130/ implies
    > that
    > it is brought to the interview along with all the other documents.

This is true. The original affidavit of support (I-864) is meant to be
brought to the interview (along with the US citizen's passt 3 year's tax
returns). There it will be signed by a consular officer (and so does not
need to be notarised beforehand).

I agree with Sylvia, post to alt.visa.us.marriage-based. Several readers
there have filed via "DCF" in the UK recently. My wife and I did so last
year.
 
Old Sep 21st 2002, 3:33 am
  #7  
 
Joined: Feb 2002
Posts: 6,848
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Default Re: British/American Family Moving to US

If you are claiming Child Benefit for your daughter, you will need to inform the Child Benefit Office in Washington, Tyne and Wear that you are leaving the UK and the date of your departure.

They will pay CB until then.
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