Timelines, Experiences and advice?

[Angela Murray 4]

Hi everyone,

I'm a US citizen and my Husband is from the UK. We met and married while I was living in England. We were married in March 2012 and filed CR-1 in April. We hired a lawyer and the petition was filed in London. Just after we received his case number we decided it would be best since I am self employed to establish my business stateside in anticipation for his arrival. He came to New York with me on August 15th and stayed with me for 3 weeks until he had to leave to go back to the UK last night as his medical appointment is tomorrow. We've not spent a day apart in 2 years so less than 1 day into this distance thing we're in agony. 8-12 weeks to go (ish?)

I have a few questions and I was hoping I could gain some insight and some support. When you're side by side this whole thing seems easier but once that distance is put between you the gravity of what hangs in the balance hits you like a ton of bricks and it's almost crippling. It's coming down to the wire now, so naturally I'm genuinely freaking out. I want nothing more than to have my husband here with me but, it is what it is and all we can do is our best to get this thing right. Be forewarned, lots of questions.....

I am self employed (I have an etsy business). My first year (2011) made $11K. This year I've made just over $22K. But since the year isn't up yet I don't have tax returns to back this up. What I do have are official etsy 'shop stats' showing my earnings and paypal statements showing the incoming money each month. Would these be acceptable or are there other ways to validate this that I am missing? I also have a co-sponsor, my mother who makes $33k. We signed the affidavits of support before my husband's flight and he's dropping them by the lawyer whilst in London. I know the fact that I have a co-sponsor that makes significantly more than me does help however since I am the partner and principle sponsor is it possible they may view my self employment as precarious or not accept my earnings for this year at all since the tax year isn't up?

While he was here he managed to make such a good impression on my family that he was given a job invitation by my cousins business that's been in operation over 22 years. Is this something that they legitimately look at and take into consideration or is it one of those things that 'doesn't hurt'?

His medical appointment is tomorrow. About how long do you think we can expect between now and the interview?

I'm gonna be honest, I might think of more questions after I post this. Thanks in advance!

[Amanda Lynn 3]

First of all, I dont want to sound bitter but most people here (including me) have been literally years apart. So you will get through a number of weeks. I guess you're new and havent looked at any other threads on this site. I am happy for you two, and I am glad you have been able to spend so much time together. I only wish it for more of us going through this Visa nightmare.

I cannot speak on the self-bussiness thing but I was under the impression they only took tax filings as proof of income.

Also, if your husband has a medical interview, he needs to have his embassy interview soon also. Me and my husband waited until we had his interview date - THEN we made the medical exam date for 1 month prior. Because when they give him his visa, and he is given 6 months to leave the UK, its 6 months from the medical review not the embassy interview.

Example:

Medical Review: August 13

Embassy Interview: September 4

Anticipated Visa Expiration date: February 13

So if you make the medical appointment too early you may not give the NVC enough time to process the visa.

Edited September 4, 2012 by Amanda Lynn

[Angela Murray 4]

You don't sound bitter. We know how fortunate we were to be able to have been able to spend the chunk of time together that we have and for that we're grateful. I've read through and have seen the massive separation that you've had to endure during the process and I swear each and every one of you deserve a medal. I've endured this for 1 day and I'm a basket case. I can't even imagine what it must have been like.

I think when you have it the way we've had initially, it gives you a bit of a false sense of security because you're together. Then once an ocean is placed between you it's like someone pulled out the rug from beneath you. It's like, party's over mo-fo--welcome to reality BAM! So I'm just trying to adjust.

Once we received our case number we were able to book the medical. We weren't given the option for an interview date. We were told that the interview follows the medical.

[Amanda Lynn 3]

You don't sound bitter. We know how fortunate we were to be able to have been able to spend the chunk of time together that we have and for that we're grateful. I've read through and have seen the massive separation that you've had to endure during the process and I swear each and every one of you deserve a medal. I've endured this for 1 day and I'm a basket case. I can't even imagine what it must have been like.

I think when you have it the way we've had initially, it gives you a bit of a false sense of security because you're together. Then once an ocean is placed between you it's like someone pulled out the rug from beneath you. It's like, party's over mo-fo--welcome to reality BAM! So I'm just trying to adjust.

Once we received our case number we were able to book the medical. We weren't given the option for an interview date. We were told that the interview follows the medical.

The interview is after the medical. But the difference between the two is: You can always re-book a medical interview. But once you get an interview date, you're stuck with it unless its an emergency. I guess go ahead with the medical exam if you and your husband agree. But keep in mind hte medical exam is only good for 6 months. After that, you'll need to pay for another one.

[Angela Murray 4]

I thought of another one! If I'm unable to get back for the interview, does that look bad?

[Amanda Lynn 3]

I thought of another one! If I'm unable to get back for the interview, does that look bad?

Not everyone is able to go with their spouse to the interview. I have a job I cannot leave, and I'm a student. Obviously, I could not be with my husband at his interview in London today. I'm still waiting on him to get home to get all the details, but from what he said on the phone they were nice up until they got to our finances.... So I dont think me not being there negatively impacted the interview.

[dwheels76 5,484]

I thought of another one! If I'm unable to get back for the interview, does that look bad?

I'm confused why the early medicals? Did you file at Embassy or send petition to Chicago or Phoenix Lockbox? Did you already get approved at USCIS or embassy or what?

Reason why I ask is because if you filed through USCIS you have some time of waiting through USCIS, NVC than waiting for interview it's like 8 to 12 months on average.

As far as interview and you. No it doesn't look bad. There's only one country I know of where the Petitioner has to be there Dominican Republic.

Edited September 4, 2012 by dwheels76

[Angela Murray 4]

I'm confused why the early medicals? Did you file at Embassy or send petition to Chicago or Phoenix Lockbox? Did you already get approved at USCIS or embassy or what?

Reason why I ask is because if you filed through USCIS you have some time of waiting through USCIS, NVC than waiting for interview it's like 8 to 12 months on average.

As far as interview and you. No it doesn't look bad. There's only one country I know of where the Petitioner has to be there Dominican Republic.

We filed in London. They received our I-130 on May 17th and we received our case number on August 3rd. We filed our D-230 yesterday and have the medical appointment booked for tomorrow. I'm going to fill in my timeline once I get all of the specs from hubby.

Edited September 4, 2012 by Angela Murray

[Nich-Nick 3,354]

I am self employed (I have an etsy business). My first year (2011) made $11K. This year I've made just over $22K. But since the year isn't up yet I don't have tax returns to back this up. What I do have are official etsy 'shop stats' showing my earnings and paypal statements showing the incoming money each month. Would these be acceptable or are there other ways to validate this that I am missing? I also have a co-sponsor, my mother who makes $33k. We signed the affidavits of support before my husband's flight and he's dropping them by the lawyer whilst in London. I know the fact that I have a co-sponsor that makes significantly more than me does help however since I am the partner and principle sponsor is it possible they may view my self employment as precarious or not accept my earnings for this year at all since the tax year isn't up?

While he was here he managed to make such a good impression on my family that he was given a job invitation by my cousins business that's been in operation over 22 years. Is this something that they legitimately look at and take into consideration or is it one of those things that 'doesn't hurt'?

His medical appointment is tomorrow. About how long do you think we can expect between now and the interview?

I'm gonna be honest, I might think of more questions after I post this. Thanks in advance!

Posting in this forum is getting some false answers probably due to the fact that your DCF process differs from general IR1/CR1 visa applicants.

London will schedule the interview once they have received Form DS-230-1 Part 1 and Notification of Applicant(s) Readiness, Form DS-2001, as well as the medical results from Knightsbridge. It takes 3-4 days after the medical for the results to go to the embassy. Then the wait could be a couple of weeks before they issue an interview letter. I wouldn't even think about it until medical +4 days +3 additional weeks had passed. If it happens sooner, consider it a bonus. That is also assuming your lawyer is on top of things and has already submitted the Ds2001 and DS230.

All personal documents will be taken to the interview. That includes the two I-864s with evidence. Your mother should have provided proof of her Us citizenship with her form in addition to her income proofs. Because you filed DCF, proof of domicile in the US for you may come up. What have you provided to show you currently are domiciled in the US?

Your Etsy documents will be good evidence but with self employment, you have the option to deduct many business expenses, materials, self-employment tax, and even health insurance premiums from your business income. So that $22k could be significantly reduced on your next income tax return with write-offs. That's why they really want to see a final return on self-employed so they can view the profit of the business after expenses are taken off. Right now you only have the sales you've made which isn't a completed picture. Your assets and your husbands can be considered if you have savings for example. You have to provide proof of those. As far as his future employment, the London website gives this answer:

The sponsored immigrant has been offered employment on his or her relocation to the United States; can this be taken into consideration?

While we recognize that the sponsored immigrant may be the main wage earner in the family and on his or her relocation to the United States will have employment, that job offer and salary cannot be counted toward the poverty level guidelines.

The good news is that your mother's joint sponsorship should be adequate provided she submitted a tax return, some additional proof of income, and her proof of US citizenship.

Edited September 4, 2012 by Nich-Nick

[Angela Murray 4]

Posting in this forum is getting some false answers probably due to the fact that your DCF process differs from general IR1/CR1 visa applicants.

London will schedule the interview once they have received Form DS-230-1 Part 1 and Notification of Applicant(s) Readiness, Form DS-2001, as well as the medical results from Knightsbridge. It takes 3-4 days after the medical for the results to go to the embassy. Then the wait could be a couple of weeks before they issue an interview letter. I wouldn't even think about it until medical +4 days +3 additional weeks had passed. If it happens sooner, consider it a bonus. That is also assuming your lawyer is on top of things and has already submitted the Ds2001 and DS230.

All personal documents will be taken to the interview. That includes the two I-864s with evidence. Your mother should have provided proof of her Us citizenship with her form in addition to her income proofs. Because you filed DCF, proof of domicile in the US for you may come up. What have you provided to show you currently are domiciled in the US?

Your Etsy documents will be good evidence but with self employment, you have the option to deduct many business expenses, materials, self-employment tax, and even health insurance premiums from your business income. So that $22k could be significantly reduced on your next income tax return with write-offs. That's why they really want to see a final return on self-employed so they can view the profit of the business after expenses are taken off. Right now you only have the sales you've made which isn't a completed picture. Your assets and your husbands can be considered if you have savings for example. You have to provide proof of those. As far as his future employment, the London website gives this answer:

The sponsored immigrant has been offered employment on his or her relocation to the United States; can this be taken into consideration?

While we recognize that the sponsored immigrant may be the main wage earner in the family and on his or her relocation to the United States will have employment, that job offer and salary cannot be counted toward the poverty level guidelines.

The good news is that your mother's joint sponsorship should be adequate provided she submitted a tax return, some additional proof of income, and her proof of US citizenship.

Hi Nich-Nick! Thanks for your response. When you say proof of US domicile, can you elaborate a little? I ask so that we may be ready in advance.

[Holly2234 66]

That means that you need to prove you have set up a life there and are no longer living in the UK. So showing bills in your name, bank statements, tenancy agreement and many other things at the interview will be needed. To file DCF (which you did) the petitioner (you, the USC) needs to prove intent to domicile if they have not yet moved to the US by the time of the interview or proof of domicile if you have already moved.

It does not matter if you are at the interview or not. Your husband just needs to take all of the documents with him. Chances are, you would not be let in anyway. I have also answered your question over in the DCF part of the forum.

[Nich-Nick 3,354]

Hi Nich-Nick! Thanks for your response. When you say proof of US domicile, can you elaborate a little? I ask so that we may be ready in advance.

DCF people generally have to show an intent to re-establish their domicile because they have been abroad. You have already moved back so do you have a current drivers license with US address, voter registration card, apartment lease, entry stamp in your passport showing you have re-entered the US, current mail addressed to you in US, utility bills, bank statement? That will help if the domicile issue crops up to prove you now reside in the US which is actually a requirement for the I-864. Just send some things showing you have a US residence and hopefully the same address appears on all the items.

[Angela Murray 4]

That means that you need to prove you have set up a life there and are no longer living in the UK. So showing bills in your name, bank statements, tenancy agreement and many other things at the interview will be needed. To file DCF (which you did) the petitioner (you, the USC) needs to prove intent to domicile if they have not yet moved to the US by the time of the interview or proof of domicile if you have already moved.

It does not matter if you are at the interview or not. Your husband just needs to take all of the documents with him. Chances are, you would not be let in anyway. I have also answered your question over in the DCF part of the forum.

Hi Holly!

We've been neck and neck during the process. We've been keeping eachother posted through the account my husband Stuart created (StuartandAngela. I created this account when I couldn't remember the log in details and Stuart wasn't around to pester about it. Thanks for the info! Best wishes

[Angela Murray 4]

DCF people generally have to show an intent to re-establish their domicile because they have been abroad. You have already moved back so do you have a current drivers license with US address, voter registration card, apartment lease, entry stamp in your passport showing you have re-entered the US, current mail addressed to you in US, utility bills, bank statement? That will help if the domicile issue crops up to prove you now reside in the US which is actually a requirement for the I-864. Just send some things showing you have a US residence and hopefully the same address appears on all the items.

I see. I've registered my business with the IRS and have a USA Tax ID number as well. All registered to this address. I have a bank account registered to this address as well as my paypal. I'm going to renew my drivers license this week and also get a voters card. Should that suffice? Because I'll do more!

[Nich-Nick 3,354]

I see. I've registered my business with the IRS and have a USA Tax ID number as well. All registered to this address. I have a bank account registered to this address as well as my paypal. I'm going to renew my drivers license this week and also get a voters card. Should that suffice? Because I'll do more!

Sounds like plenty