K-3/I-130 File in US or UK?

[AmericanMarriedinUK 0]

I am a US citizen. I live in England with my husband (for now). We married in March of 2005. I am not considered a RESIDENT of the U.K. yet because I have not lived here long enough (I am up for some sort of status change in MAY, but that's probably immaterial considering that I need to return to the US before then).

From reading the VISA information at the US Embassy in London's site, I have to be a resident to file a petition while in the UK. Since I am not a UK resident technically, I suppose I must file in the USA. Please tell me if I'm wrong.

I am considering going back to the United States in the next week or so, to California, to begin the VISA process. I have not deciphered which VISA is better to obtain, the K-3 or I-130 first.

I want the following:

To move to the US personally, to file a petition, and to bring my husband to the US and have him eligible for work, etc.

My concerns are: I would like for my husband to be able to visit me for Christmas, or at other times, whether he has a visa or not (i.e. I do not want to be forced to stay apart). But I don't want that considered an illegal entry. Any wisdom on this question would be appreciated.

MY STATUS:

I have to go to the US and get a job, pad my bank account, and create a HOME for us to live in.

My husband has to tie up loose ends in the UK, so a bit of a wait is not catastophic.

I am 23 years old. I was 21 when I came to the UK, and 22 when I married. My tax return for 2003-2004 is not impressive, but there are circumstances behind that and I can earn more now. I have yet to file a tax return for the 2 years I have spent in the UK.

The bulk of my qualifying support money has yet to be earned. I don't have a family I can stay with or ask to help sponsor us for the sake of the application (my mother is ill in hospital and her estate is in probate, and I used to look after her). Is it likely that a decision would be based on my tax returns when I have been out of the country for the last two years and in a state of limbo?

I am returning to the US specifically to make a better life for us and have a chance at good things, a life that seems harder to get in England. It's important.

CHOICES:

Should I go over, bring my husband, and THEN file when he is PHYSICALLY IN the USA, or is that forbidden? What are the ramifications?

Should I go to the USA, file an application, and wait for his consulate to contact him regarding completing his application and receiving a medical examination while he is in his home country, and just WAIT for the UK gov't to contact the US gov't?

The goal is: Go to USA, file SOMETHING, re-unite with spouse when he is legally able to work, have social security number, etc. What is my fastest route to this end? Which VISA (I-130 or K-3)?

Any advise would be greatly appreciated. I thank you if you've read all of this. I am just a bit desperate... trying to fix one part of my life without destroying my marriage. I want to make the best decisions possible. Thanks very much.

[YuAndDan 153]

Lately it seems to be a toss up for time to get CR-1/IR-1 or K-3 visa processed. If you want to work imediatly and have a green card on arrival then you may consider the CR-1/IR-1 visa, NO EAD or AOS involved.

http://www.visajourney.com/forums/index.ph...mp;page=compare

For either of these options you need to file them in the states, he can not reside here permanently until he has the visa. Many visit while it is being processed, just need to demonstrate strong ties to the home country.

Edited October 15, 2006 by YuAndDan

[Reba 2]

just to clarify for you, the I-130 is a petition, not a visa. An approved I-130 will result in being eligible to apply for the CR1 visa. The K3 visa application is resulted from an approved I-129F petition. You do the petitioning, your husband later does the applying.

If your goal is to have your husband eligible to work as soon as he arrives in the US, then don't bother with the K3 at all. Just do the I-130 petition.

You will need to file your back taxes to the IRS before your husband reaches the interview stage at the consulate. This will be a few months so you may have time after you arrive yourself.

You will most definitely be separated for several months to possibly one year. Yes, the separation is painful, but quite a lot of us here have lived thru it and survived intact. Well, mostly. There's this annoying twitch... He may or may not be able to visit the US during this time, its not illegal to do so, however it is sometimes difficult because with a spouse in the US, its hard to prove ties to home country, and that he will not be intending to stay illegally. There are dozens upon dozens upon dozens of threads around here explaining what is needed for him to travel to the US during this process. It may be easier however for you to just travel back to the UK during this time for visits.

Read the guides here for the I-130 petition and CR1 visa. There's tonnes of info and the processing timelines there in the FAQ and guides.

Edited October 15, 2006 by Reba

[AmericanMarriedinUK 0]

Thank you very much, all of you.

This makes me wonder if I should stick it out here in the UK and attempt to get the VISA here.

Then again, same problems exist: no domicile in the US, and no filed taxes.

Thanks for the info!!!

[meauxna 15]

Any advise would be greatly appreciated. I thank you if you've read all of this. I am just a bit desperate... trying to fix one part of my life without destroying my marriage. I want to make the best decisions possible. Thanks very much.

Before you do anything, I would encourage you to read the DCF Guide a couple of times through. It is my unofficial opinion that your I-130 would be accepted in London as you have been resident there for a couple of years. Even better for you that your entire stay was not tied to your spouse. I base my opinion on reading many, many DCF cases over the past 4 years.

If you file I-130 to London, you cut 2/3 of the processing time off.

If they refuse to accept your case, you have lost nothing, not even your fee.

You may still have to travel to the US ahead of your spouse to do the things you'll need to qualify for the I-864, but getting the i-130 in at London will shorten the total time tremendously.

If it were me, with my life and family on the line, this is what I would do (and did do )

[AmericanMarriedinUK 0]

I'll be on the horn tomorrow with London for sure. So glad I found this site. Reading the official material is not always so straightforward.

[zauberblume 0]

You do not have to file back taxes if you were not required by law to file taxes.

While I lived abroad in Germany, I never made enough money that required me to file taxes. I wrote a letter citing the IRS Tax Code Filing Requirements. I did have a good amount of money in my bank account as well as a job lined up in America. The Consulate looked it over and was satisfied. We were approved and did not need a cosponsor.

Also, London is pretty flexible when it comes to the immigrant self-sponsoring. Check into that.

[meauxna 15]

I'll be on the horn tomorrow with London for sure. So glad I found this site. Reading the official material is not always so straightforward.

On the horn for what?

Remember the old Jesuit principle: It is easier to beg forgiveness than ask permission.

If they will not accept your I-130 filing, they will return it and your payment to you in the mail promptly.

When they accept it, you'll get a postcard notification.

If it is returned, then you go back to the drawing board and learn about K-3 visas.

[AmericanMarriedinUK 0]

I think I will sleep better tonight.

I have always had something in the bank, but I don't think I ever owed the IRS tax money anyway.

Thanks Zauberblume (MAGIC FLOWER??)

I'm going to read more. Wonder how long I need to stay in the UK once the petition is filed, and whether or not I need to stay here while they summon my husband for his medical (should the petition be successful).

I've been asked to testify in court in the US.

Your thoughts and advise on this subject have kept me from calling a gimmick immigration attorney hotline, you know.

[meauxna 15]

Like it says in the Guide, the USC only need be present to file (mail in in your case) the I-130. You are not required to be there for anything else related to the visa application. Medical, interview etc.

You could mail the I-130 tomorrow and leave on the following day (I wouldn't DO it that way, but you could).

You should *absolutely* find out about this before you leave the UK.

[AmericanMarriedinUK 0]

From the London site:

"My spouse, who is a U.S. citizen, has filed the immigrant visa petition on my behalf. Is he/she required to attend the immigrant visa interview with me?

No. There is no requirement that the U.S. citizen attend the immigrant visa interview. There is also no requirement that your spouse remain in the United Kingdom until you are issued with your immigrant visa; he or she may travel to the United States ahead of you. If your spouse will not attend the interview, please be sure that the affidavit of support, form I-864 is notarized before you come to the interview."

[meauxna 15]

If your spouse will not attend the interview, please be sure that the affidavit of support, form I-864 is notarized before you come to the interview."

This is your lesson to double and triple check everything you read/hear.

The I-864 no longer requires notarization (well, it actually never did, but we all thought it did).

edit: I want to add on--- the above comment is intended as a 'you betcha!' and an encouragement to keep at the reading. You won't learn it all in one day, but you've got good tools to hand. Best wishes!

Edited October 15, 2006 by meauxna

[AmericanMarriedinUK 0]

I have had trouble finding the address to send the petition to on the London site. Had to go downstairs and make dinner before it got any later. Tried feeing the limey cantaloupe for dessert. He didn't like it. lol...

Off to read more. Thanks for the encouragement.

[meauxna 15]

You'd be technically filing to an overseas office of the USCIS

http://www.uscis.gov/graphics/fieldoffices...htm#anchorlocal

Immediate Relative Immigrant Petitions (Form I-130):

The U.S. Citizenship and Immigration Services at the U.S. Embassy in London accepts I-130 or I-360 petitions from U.S. citizens who reside in our jurisdiction. For more information, go to

http://london.usembassy.gov/dhs/uscis/i130filing.html

Filing instructions:

http://london.usembassy.gov/dhs/uscis/i130filing.html

Tried feeing the limey cantaloupe for dessert. He didn't like it. lol...

Try wrapping it in prosciutto and tell him it's Continental.

(they *can* be difficult at times )

[AmericanMarriedinUK 0]

You do not have to file back taxes if you were not required by law to file taxes.

While I lived abroad in Germany, I never made enough money that required me to file taxes. I wrote a letter citing the IRS Tax Code Filing Requirements. I did have a good amount of money in my bank account as well as a job lined up in America. The Consulate looked it over and was satisfied. We were approved and did not need a cosponsor.

Also, London is pretty flexible when it comes to the immigrant self-sponsoring. Check into that.

Do I need to send the I-864 to London with the I-130? I do not have a job lined up as such in California. I have some friends who are "sure they can find me something," or I can find something on my own. I just finished a part time job here in England so I could go back, and the rest of my time I spend helping my husband with his business here. Declaring assets could be tricky him as he is trying to sell stuff off as we speak to raise funds. YUCK.

Basically, if I have to send the I-864 affidavit, perhaps I can submit further proof of income in the next three months as I find gainful employment?? I know I am not in a good position at present, but as they say "wherever you are, there you are". If I were in a better financial position, I'd probably not go back now. Frustrating. My family and I have never accepted public benefits in the US.