where to start?

[Tiger_Dime 0]

Hi

Ok so awhile ago i posted about to get married or not before trying to move to America, so couldnt wait and now we are married got married in January and my husband an American citizen has a job offer back in Florida and we are both wanting to move there asap. His father can do a support thing if necessary they live in Florida. So if anyone has any kind of information that would help it would be so appreciated.

Ps I am a New Zealand citizen and we both live here he also has NZ citizenship.

Cheers

[sachinky 465]

If you both live in NZ, I'd recommend the Direct Consular Filing route. Easiest and least painful by far.

Only thing I'd consider is how to reestablish your husband's domicile. A job offer is a good starting point.

Read the guides regarding DCF.

[Mononoke28 135]

I agree with sachinky, if your husband has been in New Zealand for more than 6 months, then you can file for Direct Consular Filing (DCF) where you submit all your paperwork directly to the US Embassy instead of having to mail it to the USCIS. It's a lot faster and you'll receive your green card a few weeks after you arrive in the US.

Diana

[Tiger_Dime 0]

Just to check are we after a K3 or a CR1?

We can probably use his fathers house in florida as a domicile?

Ive heard that the timing for the DCF process through the American consulate in NZ is around 3 months, best case, does that sound right?

Edited March 18, 2010 by Tiger_Dime

[sachinky 465]

CR-1. K-3s are dead.

It's usually around 3-5 months, yes.

I'd read up the guides and other threads regarding domicile. It's an issue, check out the Canada forum. The problem crops up most often there.

[pushbrk 13,113]

CR-1. K-3s are dead.

It's usually around 3-5 months, yes.

I'd read up the guides and other threads regarding domicile. It's an issue, check out the Canada forum. The problem crops up most often there.

K3 has never been applicable when filing directly with a Consulate abroad. Unless the company will hold the job offer several months, he may need to leave you behind for some of the time between filing and visa issue, or you may visit the USA and return for your visa interview. You'll have some logistics to work out either way.

[elmcitymaven 9,712]

Just my two cents -- if you want to find out about what is required to re-establish domicile in NZ, I would recommend getting in touch with the consulate directly to ascertain what will be required. Each consulate may have very different requirements -- Canada appears to have gotten very strict, whilst the UK is still relatively relaxed. It would also be good to search the DCF forum for NZ-specific info on this issue. You need to be ready for YOUR consulate, not anyone else's.

And yes, I seem to recall NZ DCFs being quite swift on average.

[Tiger_Dime 0]

Well just an update, the consulate was very friendly when we went in on Monday the 23rd.

We applied for the I-130 and paid the fee to start the ball rolling.

And now we have everything done besides the affidavit of support which his father is in the process of doing in florida and need to catch up on my husbands taxes to complete all the requirements.

Then on thursday we received a letter from the consulate with an interview time and the details about the visa, cost, requirements, extra paperwork needed, etc. Its all very confusing as in the paper pack they sent for the visa, the letter reads as if we could possibly be issued the visa on that interview day, which I believe is the first interview day? Or is that what we have already done by filing for the I-130?

They were very helpful when we went in to the consulate on the monday, didnt have an appoint, we called ahead last time to book an appointment and were told that appointments where only for non immigrant visas over the phone which was confusing. But anyway filed the I-130 without an interview and talked to the consulate immigration officer, seemed like an important person, very nice Greek American fella.

So where we are at seems ahead of the game, just need to get the taxes done and the affidavit of support finished up and we are ready for the interview, one other question tho, when I went through the Medical I did not undergo a blood test, did the rest of them and have still to do a urine test but is a blood test necessary?

BUT my husband has never filed for taxes for the IRS as he didnt even know he needed to. We think he has only made over the minimum reporting amount 2 out of the past three years, and we think he needs to file a F2555ez to claim the forum earned income exclusion (under 80k annually) but what else does he file? Just some variant of the 1040 tax form? Or?

[Marina-Del 10]

First of all, you say his father is doing the I-864, that's great. But you do know that your husband is always going to be the primary sponsor. His father can be a JOINT sponsor, but even if your husband is unemployed, he still has to be your primary sponsor. So he HAS TO fill out the I-864 as well, (as the primary sponsor) and his father has to fill out another I-864 as the JOINT SPONSOR. Your husband also needs to include 1-3 years of tax forms as well (the 1040 printouts). If your husband has not filed US taxes while he has been living in NZ you need to do one of two things. 1. file them now!!! or 2. Explain with letters why he didn't need to file them (ie. he didn't make over the set amount for needing to file while living abroad). Oh, I see now (I started responding before I finished reading your post...oops!) that he has not filed taxes. YOU CANNOT GO TO THE INTERVIEW BEFORE HE GETS THIS RESOLVED. Well, you can go, but they WILL deny your petition and you WILL NOT get the visa. You said you already got the interview date, but you didn't give us a date. When is it? If it's very soon and you don't have time to file the taxes and get that all taken care of before the interview, I'd call the embassy and tell them that you'll need more time and they should reschedule the interview for a later date (although that decision is up to them). He must file the taxes, but I don't know how one can go about that. Hopefully someone else can come on and explain. For the year(s) he didn't make over the set amount, he can write a letter explaining that, hopefully with some sort of proof (like pay slips or a letter from his employer) but I'm not sure of the legalities of that. Anyway, first things first, you cannot go to your interview with the hopes of approval until this is taken care of!

If they sent you an interview date after you filed the I-130 this should be your real interview. And YES, they will give you the visa same day (or a couple days later). Every consulate is different. Usually, DCF only has one or two interviews. When you apply the I-130 you may or may not have an interview. We did, but they the consulate here also gives you the option to MAIL the I-130 so obviously those people do not have interviews. And then you have the final visa interview where you have to bring the I-864, DS forms, Police certs, ect. So, if they are telling you to bring these things this is your REAL FINAL interview and you will get the visa either same day or 2-3 days later (generally).

As far as the medical, I'm pretty sure that the blood test is necessary. Here in Brazil it is 100%, no blood test, no visa...but I am not sure if that is a set thing for all of the consulates or only Brazil. But I do know that they have to do an HIV test (that is mandatory across the board) so I'd assume that means the blood test is mandatory too.

[Tiger_Dime 0]

Interesting, the interview date is May the 3rd, so just under a month away. Thanks for the feedback.

Yes we know that my husband has to file an affidavit of support and his father fills out a different one I=864A I believe, that is a simpler form for a co sponsor. I was just saying that the taxes and his fathers I-864A is all that is left to do for us. Will have to look into the blood test thing, have already emailed the consulate with a few questions, taxes and blood test included. But still amazed that we have a potential final interview date.

I am still unsure of the tax filing situation but according to the desk person and the consulate officer we only need proof that we have sent away for the filing of the taxes, not taxes done in full. So will check on that as well during the week.

[birdnerd 5]

But I do know that they have to do an HIV test (that is mandatory across the board) so I'd assume that means the blood test is mandatory too.

HIV test is no longer required.

[elmcitymaven 9,712]

Yes we know that my husband has to file an affidavit of support and his father fills out a different one I=864A I believe, that is a simpler form for a co sponsor. I was just saying that the taxes and his fathers I-864A is all that is left to do for us.

Your husband's father will need to complete an I-864, NOT an I-864A. Your father-in-law would only use an I-864A if he and your husband were currently living in the same household. I know it can get confusing, but it is absolutely necessary to understand this, because if you turned up for your interview with an I-864A for your FIL your case would be put on hold until an I-864 was completed. It doesn't matter if your husband's US address that he's using for domicile purposes is the same as your FIL's, or if you will be living there when you first get to the US. The question is: is my husband currently living with his father on the day he signs the I-864? If he's not (and almost all of the time this is the case for DCF filers), then his FIL needs to complete an I-864.

I know this can get confusing! Just take a deep breath, read and re-read the forms and you'll be able to do it.

[Marina-Del 10]

HIV test is no longer required.

Really? When did that happen?? Cool though. So do you know if blood test is required then?

[elmcitymaven 9,712]

It might depend on the consulate, since I know that in London they still use the blood test to check for syphilis.

[birdnerd 5]

Really? When did that happen?? Cool though. So do you know if blood test is required then?

The ban was lifted Jan 4, 2010. Think the blood test might still be necessary (for other things, possibly), they just can't deny visas based on HIV status.

CBP Page

Edited April 5, 2010 by birdnerd