British Expats

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-   -   I 864 question (https://britishexpats.com/forum/usa-57/i-864-question-104986/)

lambchop Jun 12th 2001 12:58 pm

my question concerns the I 864. i have been told elsewhere that being a usc with a uk hubby, and we have filed our past 3 yrs of income tax...married filing jointly, that his income could be considered, as we live in the uk. anyone no anything about this?

also, because we live over here in the uk ( i have leave to remain indefinately) how do we go about listing an address on the I 130?

thank-you in advance

Rete Jun 12th 2001 1:17 pm

I suggest you read the following URL for the information you need for doing direct consular filing. Read it through and come back and ask away.


http://www.mindspring.com/~docsteen/...o/visainfo.htm
http://www.geocities.com/CapitolHill/Congress/2806/

Rita

Alvena Ferreira Jun 12th 2001 3:07 pm

lambchop wrote:
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This site was done by someone who has walked in your shoes exactly, I think you will
find some pointers there: http://web.ukonline.co.uk/jm.johnson/i130.htm

alvena I am not a lawyer and this is not legal advice, this is a pointer to resources
and is to be used for the purpose of discussion.

Ameriscot Jun 12th 2001 3:11 pm

You should put down your UK address.

If you don't have an address where you intend to live in the US yet, you can say so (we - or rather, our attorney -left that line blank).

Don't worry if this contradicts rules of US-filed petitions. It is a condition of filing in London that the USC is resident in the UK. Anything other than a UK address in section 2 of the form would be odd and may even cause them to send the petition off to a Service Center.

Since, for the visa stage, you only have to make steps to re-establish residence in the US, you are not expected to have a US address at this petition stage, which could be as much as a year before actually moving there. Besides, the petition is only used to classify the intending immigrant as the immediate relative of a US citizen. It's the visa folk at the consulate who are more interested in the nitty-gritty of your plans.

I don't know about using the alien's income to support the I-864, but I can confirm that it is absolutely fine to use UK-earned income. Past income, however, is only part of the evidence they need - they are also extremely interested in a source of income in the US after your immigration. Read the information on the London Embassy's website and what they send you in the post - this is the only stuff that is actually relevent to your case.

I have put my experience of London DCF on a website, which I wrote before the Consulate produced their own excellent site.

http://www.ameriscot.com/i130
http://www.usembassy.org.uk/cons_web/visa/iv/spouse.htm

Good luck!


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