British perspective on my situation

[cathy2904 97]

I haven't made it to Macon yet but it is on the list.

We are 25 miles south of Atlanta. We are close enough to get in to the city for a night out or for the theatre (love the Shakespeare Tavern) or museums but we live in a small town with an old fashioned feel about it - everyone says hello. We also have 90 miles of golf cart paths so everyone has a golf cart - a great way to get around.

I had visited quite a few times before I made the big move so I had already got to know the place and had friends here. That really helped. I am actually surprised at how easily I have found it to adjust - I was expecting some real bouts of homesickness but so far so good. I started working a few weeks ago; it's just a part time job but it makes me feel less like a holiday maker and more like part of the community. My husband was shocked at my hurry to get a credit card and a cheque book with my name on it when I first got here, but I am used to being financially independent and I needed to feel that here as well.

All in all, it has only been three months but I couldn't be happier. Although I am looking forward to my trip back to the UK in April.

[dustingthestars 9]

Before I met Mandy, I had never heard of Macon nor did I know where in Georgia I would have found it. I've only spent two weeks in the area, but I feel very at home and very comfortable. I can't wait to go back for three weeks in June/July.

Your 'neck of the woods' sounds simply delightful. I'd love to live somewhere where the primary mode of transport is a golf buggy! I'm tempted to look and see if I can find any groups/clubs in the Macon area for some of my hobbies/interests.

How easy did you find it to get work? Did they make a big deal about your lack of 'American' experience at all?

[Nich-Nick 3,354]

One question that occurs to me is about the I-864. My fiancée hasn't worked for a couple of years; a combination of college and motherhood. My understanding is that she fills out an I-864 with the fact she doesn't earn anything. Her step-father will be co-sponsor (or joint, never sure on the wording on this one?) so he fills out an I-864A, correct or not? At the moment my fiancée and her daughter live with him rent-free, so does that count as them being part of his household? His income is more than sufficient I just want to know if he completes the paperwork for a household of 2, or 4?

Going to jump in here and offer the way I think is the cleanest way to do the Affidavit of Support

Spouse-Mandy as sponsor (household of 3? Mandy+baby+you)

• I-864
  
• Statement why she has not filed a tax return for 2009, 2010, 2011
  

Step-dad as joint sponsor (He has no wife or kids so him+you = household of 2)

• I-864
  
• Most recent tax return + his W2 (Photocopy) or an IRS transcript
  
• Employer letter (original) OR 6 months pay stubs (photocopies)
  
• Proof that Dad is a USC or permanent resident. His US birth certificate (photocopy) or his US passport biographic page (photocopy) will do nicely.
  

It is true that if somebody lives under the same roof with a sponsor(Mandy), then Mandy could add his income as part of her household income. Look at #24 on the form.

24a. Mandy's zero income

24b. Step-dad's income

In order for her to put his income in her pot so to speak (on her form) he must give written permission. The permission slip, if you will, is the I-864A.

I think it's foolish for zero income Mandy to add his income when he is the sole income and it's his house. Better for him to do his own I-864.

Either way is acceptable. I think the houshold member method is better suited for example when a sponsor has income, but not quite enough. Ex: Mary makes $20,000 but is short $5000. She adds grandma's $12,000 income on 24b to put her over the top because grandma lives in Mary's house. Grandma gives her permission on I-864A and also Mary proves (with documents) that Grandma lives at the same address and she and grandma are related. Too much faffing around for your Mandy to do all that when step-dad can do a clearer picture of his finances on his own I-864 form and there is no need to prove a common residence or relationship.

[dustingthestars 9]

Going to jump in here and offer the way I think is the cleanest way to do the Affidavit of Support

Spouse-Mandy as sponsor (household of 3? Mandy+baby+you)

• I-864
• Statement why she has not filed a tax return for 2009, 2010, 2011

Step-dad as joint sponsor (He has no wife or kids so him+you = household of 2)

• I-864
• Most recent tax return + his W2 (Photocopy) or an IRS transcript
• Employer letter (original) OR 6 months pay stubs (photocopies)
• Proof that Dad is a USC or permanent resident. His US birth certificate (photocopy) or his US passport biographic page (photocopy) will do nicely.

It is true that if somebody lives under the same roof with a sponsor(Mandy), then Mandy could add his income as part of her household income. Look at #24 on the form.

24a. Mandy's zero income

24b. Step-dad's income

In order for her to put his income in her pot so to speak (on her form) he must give written permission. The permission slip, if you will, is the I-864A.

I think it's foolish for zero income Mandy to add his income when he is the sole income and it's his house. Better for him to do his own I-864.

Either way is acceptable. I think the houshold member method is better suited for example when a sponsor has income, but not quite enough. Ex: Mary makes $20,000 but is short $5000. She adds grandma's $12,000 income on 24b to put her over the top because grandma lives in Mary's house. Grandma gives her permission on I-864A and also Mary proves (with documents) that Grandma lives at the same address and she and grandma are related. Too much faffing around for your Mandy to do all that when step-dad can do a clearer picture of his finances on his own I-864 form and there is no need to prove a common residence or relationship.

Very helpful, Nich-Nick. So just to clarify:

Mandy completes an I-864 for 3 people (herself, her daughter and I) and the stepfather also completes an I-864 for 2 people (me and him). He can get a letter from his boss (he's worked there 30 years) and he'll have his most recent transcript - just the most recent one? and not 3 years back?

[elmcitymaven 9,712]

Very helpful, Nich-Nick. So just to clarify:

Mandy completes an I-864 for 3 people (herself, her daughter and I) and the stepfather also completes an I-864 for 2 people (me and him). He can get a letter from his boss (he's worked there 30 years) and he'll have his most recent transcript - just the most recent one? and not 3 years back?

That's correct -- Mandy does an I-864 for 3 and her stepfather for just you and him. However, he will need transcripts going back three years for the I-864, and not just one. Make sure you also get copies of proof of citizenship for both Mandy and the stepfather to accompany the I-864 as well. This can be in a copy of the biographical data sheet from his passport or a copy of a birth certificate.

Edited March 10, 2012 by Honey Crumpet

[dustingthestars 9]

Thanks for confirming about the 3 years worth of transcripts, Honey Crumpet. He's the kind of guy that has all of his transcripts 'filed' away somewhere. Mandy will just have to help him dig it all out. At this rate I'm just going to be waiting on USCIS, NVC, and the Consulate to get their acts into gear once I've sent everything off! I just wish we could do it now, but we're not married yet and I don't fancy the idea of starting the K-1 whilst I'm in Moscow!

Is time between divorce and remarriage a 'red **' in London at all? I keep reading about it in other Consulates, but I have to keep reminding myself that each one is different!

[elmcitymaven 9,712]

Thanks for confirming about the 3 years worth of transcripts, Honey Crumpet. He's the kind of guy that has all of his transcripts 'filed' away somewhere. Mandy will just have to help him dig it all out. At this rate I'm just going to be waiting on USCIS, NVC, and the Consulate to get their acts into gear once I've sent everything off! I just wish we could do it now, but we're not married yet and I don't fancy the idea of starting the K-1 whilst I'm in Moscow!

Is time between divorce and remarriage a 'red **' in London at all? I keep reading about it in other Consulates, but I have to keep reminding myself that each one is different!

Not really a red flag, but be prepared to explain why there was a short time. In my case, I had been divorced for all of 12 days when I remarried. I had been separated from my ex for almost two years, and our divorce took forever because the solicitors just dug their heels in. We were waiting and waiting and finally I just picked a day as soon as I had my decree nisi, because then I knew at least when I'd have the decree absolute. Anyway, I was asked in an RFE to present a timeline of how my previous marriage had broken down, when I met my new husband, and some of the other particulars. It wasn't a problem in the end and no questions were asked at interview. I'll dig up the post I made at the time.

If they want to see something, they'll let you know. If you really want, I suppose you could include a short timeline on timing, but who knows if it will be looked at!

Edit to add: okay, here was my ranty thread from 2007. Honey Crumpet's RFE freakout However, a lot of that was specific to having filed DCF, and the really unclear instructions given on the Embassy website at the time. So take it with a grain of salt.

Edited March 10, 2012 by Honey Crumpet

[dustingthestars 9]

Mine is pretty easy to explain. We separated in February 2010 and it was at my insistence. She kept refusing to sign anything or comply with any of my suggestions to be rational about the process - she relented at the end of January this year. I've just been granted my Nisi, so I have about 5 weeks until I'm divorced. I was up-front with Mandy about it all from the start and she's been great about it. I did think about mentioning it in a covering letter, but wasn't sure if that might be too much? should I let them ask me about it?

I have lived outside of the UK for 18 of the last 24 months and have documented proof of this fact should they question my motives in any way.

[Nich-Nick 3,354]

Very helpful, Nich-Nick. So just to clarify:

Mandy completes an I-864 for 3 people (herself, her daughter and I) and the stepfather also completes an I-864 for 2 people (me and him). He can get a letter from his boss (he's worked there 30 years) and he'll have his most recent transcript - just the most recent one? and not 3 years back?

The most recent tax return is all that is required according to the instructions. (They dropped notarization and 3 required a few years back). You can read requirements on this general information page http://www.uscis.gov/i-864 or in the instructions.

.

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your

most recent tax year

, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

(Man, could they have worded that more weird?)

You may also,

at your option

, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

If he is well above the poverty level and has been at a job 30 years, one tax return should be sufficient. I think the value of the optional 2 is if one had a barely over the threshhold year, but the two previous were stronger it would add to the case to show the stronger two years. There is a place on the form where he lists the adjusted gross income from the last 3 years, but only one return (2011) has to be submitted.

Edited March 10, 2012 by Nich-Nick

[elmcitymaven 9,712]

The most recent tax return is all that is required according to the instructions. (They dropped notarization and 3 required a few years back).

Wow, I'm out of the loop! But definitely nothing had to be notarised in 2007, and there were some epic showdowns between people convinced they still had to be vs. those who knew the truth.

Thanks for the top tip!

[elmcitymaven 9,712]

Mine is pretty easy to explain. We separated in February 2010 and it was at my insistence. She kept refusing to sign anything or comply with any of my suggestions to be rational about the process - she relented at the end of January this year. I've just been granted my Nisi, so I have about 5 weeks until I'm divorced. I was up-front with Mandy about it all from the start and she's been great about it. I did think about mentioning it in a covering letter, but wasn't sure if that might be too much? should I let them ask me about it?

I have lived outside of the UK for 18 of the last 24 months and have documented proof of this fact should they question my motives in any way.

I'm loath to recommend adding anything, because I did DCF so NVC was never involved. I have zero clue whether it would be USCIS/NVC asking for something like that, or if it would be at the consulate stage. In my case it was asked for before NOA2, from the USCIS branch at the consulate. I think if they're concerned about it, they'll let you know. It's good to have a heads up that it might be an issue, but I have a feeling it probably won't be. I have a feeling my case threw up a red flag because it was a DCF case, and they were in flux at that time about what they wanted from IR1/CR1 filers up front.

[dustingthestars 9]

I'd like to think that it won't be a problem for any of the stages, but I already know better than to second guess any part of the process. I read about some people having their cases sent to field offices for local investigations because they suspect that USCIS read something into the shortness of time between divorce and remarrying. (I personally think it's other issues atop the divorce/remarriage, but you never know!

From what I've read in other topics and posts, London isn't that concerned about it as it's part of the cultural norm in the UK to not divorce immediately for many different reasons, nor do they expect you to remain celibate whilst the process in ongoing - or do they?

I'm hoping that the evidence I send will allay any fears they might have and if they need more, then I'll send it to them.

[dustingthestars 9]

A combination of a holiday weekend here in Russia and my fastidious approach to paperwork has enabled me to complete all of the paperwork required for all processes up to, and including, the interview. We don't intend on sending our package until August, but I loved to be prepared! I'll have to keep checking back to the USCIS and Consulate websites periodically to ensure I have the latest forms, but other than that, job done - for now. We just need to work on gathering evidence and saving wonga!

I'm very grateful to the help of the people that have visited my little 'corner' of VJ. I'm going to use this as my 'journey journal' and post things here as I go. Most of my question will relate to me and my previous information disclosed here so I think it would be best for me to post them here to retain some form of continuity. If I discover any gem that applies to everyone, then I will of course share it with the world. However, information about me or for me specifically, I intend to keep here

[Nich-Nick 3,354]

Is time between divorce and remarriage a 'red **' in London at all? I keep reading about it in other Consulates, but I have to keep reminding myself that each one is different!

I haven't noticed issues at the interview asking much about the relationship at all. They are mostly interested in proper documents (birth certificate, divorce decree, marriage license, etc) and the I-864.

As long as you are free to marry, that satisfies the requirements of the petition with USCIS. They aren't evaluating your relationship morals, so to speak. I find that if USCIS approved the petition, the London interviewer is satisfied. Kinda weird that Crumpet had a hassle with her petition part through London. Maybe the RFE person was the ex sister-in-law of the former wife's previous BF's cousin and wanted some gossip. Just kidding, but it was a bit out of the ordinary.

A head's up on your decree absolute if you haven't read threads about that. Some people at USCIS fail to know that English divorce decrees aren't signed by a judge, but look like a letter with the court stamp in red. So they RFE. Here's thread about how I sent hubby's with highlighting (no RFE) and how another person resolved an RFE. http://www.visajourney.com/forums/topic/319837-rfe-divorce-decree/ Others have done the same thing to overcome the erroneous RFE.

And a tip if photocopying on US 8.5x11 paper--to avoid cutting off the footer that says "decree absolute (divorce)", flip it where the bottom of the A4 lines up with the top of the copier glass. Makes a perfect copy with nothing lost from the slightly longer A4.

[dustingthestars 9]

I haven't noticed issues at the interview asking much about the relationship at all. They are mostly interested in proper documents (birth certificate, divorce decree, marriage license, etc) and the I-864.

As long as you are free to marry, that satisfies the requirements of the petition with USCIS. They aren't evaluating your relationship morals, so to speak. I find that if USCIS approved the petition, the London interviewer is satisfied. Kinda weird that Crumpet had a hassle with her petition part through London. Maybe the RFE person was the ex sister-in-law of the former wife's previous BF's cousin and wanted some gossip. Just kidding, but it was a bit out of the ordinary.

A head's up on your decree absolute if you haven't read threads about that. Some people at USCIS fail to know that English divorce decrees aren't signed by a judge, but look like a letter with the court stamp in red. So they RFE. Here's thread about how I sent hubby's with highlighting (no RFE) and how another person resolved an RFE. http://www.visajourn...divorce-decree/ Others have done the same thing to overcome the erroneous RFE.

And a tip if photocopying on US 8.5x11 paper--to avoid cutting off the footer that says "decree absolute (divorce)", flip it where the bottom of the A4 lines up with the top of the copier glass. Makes a perfect copy with nothing lost from the slightly longer A4.

I guessed as much about the divorce - it's not something they can really object to given that the requirement is to have been 'free to marry'.

Nich-Nick, you may or may not be surprised to hear but I already saw your thread about the best way to proceed with the Divorce Decree and have saved it in my 'favourites' for use later. I have seen you mention it a few times on another thread I started and also on a few others in the UK one. I also read your guide about the process somewhere and it had the information there - very useful indeed!

I'm just mulling over a couple of things, like you do on a late evening in Moscow (21:15 here). I keep thinking that Mandy's lack of work and filling of taxes over the past few years might be an issue at the Consulate with regards to her being perceived as being unable to support me, even though Ed will be onboard with his I-864 to secure everything. I just worry a lot about stuff I can't control or that I can get a definitive answer on - one of my many idiosyncrasies!