Affadavit of support problem when DCFing (UK)

[Wilton23 2]

Hi, I'm in a similar situation as Newbie... But I am the American. I'm living here in the UK with my British fiance (I have EU citizenship as well as US) and we would like to get married and move back to the states. My problem is the Affidavit of support. My employment won't continue in the US,= and i don't have a co-sponsor or someone to lend me $60,000 that would enable me to be a sponsor. It seems like the only option is for me to go back to the US alone and apply for either the CR-1 (if we marry here) or the K-1 (if we marry there). I am scared to do this because I would obviously have to find a job, file for the visa, then the affidavit of support for his interview, and what if all of this is denied because I don't get approved as a sponsor and we have to post-pone the process even longer. Basically this would mean I would be going back to the US without any real idea of when I will be able to see my partner again.

Does anyone know a way around this or another option?

Thanks

[Penguin_ie 5,996]

**** topic split from different topic by other member- please always create your own topics about your own situation so your question is not overlooked, and accurate answers can be given both to your and the other member's questions ***

The good thing is that the US embassy in London is quite lenient, so for example they usually allow UK based assets. Does your fiance/ soon-to-be husband have any, such as a home, savings etc? If not, you only have two options:

- look harder for a co-sponsor; remember it can be any greencard holder or US citizen resident in the USA, they do not have to be family or live near you. So contact distant family, people from the church you attended, college friends, old co-workers etc.

- Do as you suggested and find a job in the USA. You could stay in the UK until you start the job, then file DCF just before you move back to the USA to start the job. This will minimise your time apart to a few months, and you two being from visa waiver countries, you can visit eachother during the process. Going with this option will also help with the issue of proving domicile.

[Wilton23 2]

Thanks... neither of us have UK-based assets, unfortunately. Do you know what happens if I am denied as a sponsor after filing DCF? Will we have to start the whole process over again?

[Penguin_ie 5,996]

They usually give you a chance to find a co-sponsor with a certain deadline- often 45 days.

[Wilton23 2]

Okay, thanks, and do you know if I can't find a co-sponsor, then is the whole case cancelled and I have to start over from the beginning? I have asked my mom to co-sponsor and she said no because she does not want to legally tie herself to my husband in case any sort of freak accident were to happen to or involve him. Because she has said no, no one else will say yes because they would ask "Oh did you ask you mom? Why did she say no?"....

[Nich-Nick 3,354]

Hi, I'm in a similar situation as Newbie... But I am the American. I'm living here in the UK with my British fiance (I have EU citizenship as well as US) and we would like to get married and move back to the states. My problem is the Affidavit of support. My employment won't continue in the US,= and i don't have a co-sponsor or someone to lend me $60,000 that would enable me to be a sponsor. It seems like the only option is for me to go back to the US alone and apply for either the CR-1 (if we marry here) or the K-1 (if we marry there). I am scared to do this because I would obviously have to find a job, file for the visa, then the affidavit of support for his interview, and what if all of this is denied because I don't get approved as a sponsor and we have to post-pone the process even longer. Basically this would mean I would be going back to the US without any real idea of when I will be able to see my partner again.

Does anyone know a way around this or another option?

Thanks

The harsh truth is you can't bring an immigrant to the US until you can financially support him or find a joint sponsor. What are your skills and work experience? Do you think you can easily find a job making $20,000 a year? With no current savings how will you two pay all the fees?

Here's the fiancé visa fees to help you plan

K1 route = $1650 + £286.50

$340  (USCIS) I-129F

$240 (Embassy)  Visa fee

£45  ACPO Police certificate

£227 (Knightsbridge Doctors) medical exam

£14.50 (DX Secure) Courier fee

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole

If you marry first and apply for a spouse, the costs are similar, slightly less.

Since you are together now in the UK, maybe you will both need to stay there a little longer while you make a plan to save as much as you can, figure out if you can find a job in the US, and work toward that goal. You've already made a good start by investigating what is required financially before forking over the fees, only to discover there is a financial component as well as medical, criminal, and proof of relationship. Many have no clue, then they are already in and panic. Maybe if you marry and your mother sees it's working out and you are committed over a period of time, she will change her mind. It is a huge commitment to agree to sponsor an immigrant. She is bound to that whether he is the perfect bloke or dumps you in the dust and gets a new girlfriend. There is no taking back her sponsorship once he has his greencard. And with no money or jobs, she would likely have to totally support you two for a while. It is a lot for her to consider, but maybe with some planning and saving on your part, and landing a job with medical insurance benefits, she will change her mind.

[Wilton23 2]

Hi Nich-Nick,

Thanks for your comment... I do not foresee a problem getting a job in the US. A past employer of mine in the US would probably hire me again, and if not, I don't think it will take too long for me to get a job that meets the requirements. I have a bachelor's degree from a great school, 3 years' work experience and enough savings to cover all fees, plane tickets and first few months' living expenses, which I add to every month from my UK paychecks. I do not have enough, however, to meet the $60,000 requirement to be a sponsor based on assets alone.

My main concern is that I will go to the US to get a job, submit my affidavit of support and it be denied because I haven't been working in the US long enough and then I'll have to start the whole process over again and have to spend another 5-10 months apart from my partner. Do you know of anyone being accepted as a sponsor after recently starting a job in the states?

My mom entirely supports our relationship and will in reality be helping to support us when we eventually move over (letting us live in her house, loaning me money when I go back to school for a masters, etc), she just has her set belief that if we want to make our marriage happen we have to do it ourselves, and I don't think anything is going to change her mind. She married an immigrant herself and is now divorced, so I am sure this is a significant factor in her decision not to sign the affidavit.

It seems to me that it would make more sense to get married in the UK and do Direct Consular Filing since the processing time seems comparable to the K-1 but does not have the extra time once we get to the US and have to do Adjustment of Status. Do you disagree?

Thanks,

[Nich-Nick 3,354]

Hi Nich-Nick,

Thanks for your comment... I do not foresee a problem getting a job in the US. A past employer of mine in the US would probably hire me again, and if not, I don't think it will take too long for me to get a job that meets the requirements. I have a bachelor's degree from a great school, 3 years' work experience and enough savings to cover all fees, plane tickets and first few months' living expenses, which I add to every month from my UK paychecks. I do not have enough, however, to meet the $60,000 requirement to be a sponsor based on assets alone.

My main concern is that I will go to the US to get a job, submit my affidavit of support and it be denied because I haven't been working in the US long enough and then I'll have to start the whole process over again and have to spend another 5-10 months apart from my partner. Do you know of anyone being accepted as a sponsor after recently starting a job in the states?

My mom entirely supports our relationship and will in reality be helping to support us when we eventually move over (letting us live in her house, loaning me money when I go back to school for a masters, etc), she just has her set belief that if we want to make our marriage happen we have to do it ourselves, and I don't think anything is going to change her mind. She married an immigrant herself and is now divorced, so I am sure this is a significant factor in her decision not to sign the affidavit.

It seems to me that it would make more sense to get married in the UK and do Direct Consular Filing since the processing time seems comparable to the K-1 but does not have the extra time once we get to the US and have to do Adjustment of Status. Do you disagree?

Thanks,

Well you sound very qualified to bring a spouse to the US. I totally agree the CR1 is the better visa. And DCF is faster than a K1. If you have proof ( beyond a tax return) of a good job , then they should certainly accept it. A letter from your employer and all the pay stubs you have up until his interview will prove your current income. That means try to line up a job before you move. File the petition DCF. Then move and get some paystubs coming in. You can stall the interview if it come too quickly.

You will have to submit your 2012 US tax return as part of the requirement. Did you file? Did you earn money in the UK in 2012?

Here's a piece from the Foreign Affairs Manual all about the Affidavit of Support http://www.state.gov/documents/organization/86989.pdf

In particular look at page 6.

(5) Other Evidence of Income:

( c) If a sponsor recently started a new job (that the officer is satisfied will likely continue), the income from the job now meets or exceeds the legal requirement, you may find the Affidavit of Support (

AOS

) to be sufficient;

[Wilton23 2]

Thanks for that, that's really helpful.

[Wilton23 2]

Well you sound very qualified to bring a spouse to the US. I totally agree the CR1 is the better visa. And DCF is faster than a K1. If you have proof ( beyond a tax return) of a good job , then they should certainly accept it. A letter from your employer and all the pay stubs you have up until his interview will prove your current income. That means try to line up a job before you move. File the petition DCF. Then move and get some paystubs coming in. You can stall the interview if it come too quickly.

You will have to submit your 2012 US tax return as part of the requirement. Did you file? Did you earn money in the UK in 2012?

Here's a piece from the Foreign Affairs Manual all about the Affidavit of Support http://www.state.gov/documents/organization/86989.pdf

In particular look at page 6.

(5) Other Evidence of Income:

( c) If a sponsor recently started a new job (that the officer is satisfied will likely continue), the income from the job now meets or exceeds the legal requirement, you may find the Affidavit of Support (AOS) to be sufficient;

Hello again... I have a question actually about the idea of filing DCF and then moving to the US to start a job. How would this affect how I fill out the forms? I need to put a UK address for myself in order to file DCF (proof of residency in the UK), but then if I move to the US, will I be violating any rules or will I not receive certain paperwork because I will have moved? Ideally, my husband would be able to stay in our flat, but I don't think this will be possible because he wouldn't be able to afford it on his own.

What do you think?

Thanks

[Nich-Nick 3,354]

Hello again... I have a question actually about the idea of filing DCF and then moving to the US to start a job. How would this affect how I fill out the forms? I need to put a UK address for myself in order to file DCF (proof of residency in the UK), but then if I move to the US, will I be violating any rules or will I not receive certain paperwork because I will have moved? Ideally, my husband would be able to stay in our flat, but I don't think this will be possible because he wouldn't be able to afford it on his own.

What do you think?

Thanks

I think it's not uncommon for the USC to head to the US before it's all complete because they need to to establish domicile and reside in the US to meet the terms of the I-864. It's almost expected by law, but there are ways around it, as long as the USC enters with the immigrant. The immigrant visa holder can not enter first, while the USC stays behind.

Read this page to get full details beyond my short summary. http://london.usembassy.gov/faq_i864_domicile.html

Did you read where I answered your other post about the UK person moving to Spain and working there? That's way more questionable than you going to establish domicile and employment in the US. It may require another Spanish police certificate too. From the embassy website:

Note: UK police certificates are valid for one (1) year only. All other foreign police certificates are valid indefinitely, unless the applicant has traveled to the country in the last year. Bearing in mind this information, applicants must ensure that a valid police certificate is presented at the time of their appointment.

[Wilton23 2]

Thanks, yes, I did read that, and we decided that you're right, it's probably best for him to stick it out here while we wait... Thanks. So if I submit my I-130 petition, and move to the US, how will the USCIS get in touch with me, email?

[Nich-Nick 3,354]

Thanks, yes, I did read that, and we decided that you're right, it's probably best for him to stick it out here while we wait... Thanks. So if I submit my I-130 petition, and move to the US, how will the USCIS get in touch with me, email?

Look through the London DCF thread and see how people are notified now. I remember when a postcard was sent out to say approved and sending case to the IV Unit. Maybe it is an email now. I don't keep up with the London DCF chit-chat that much.

Since DCF is similar to K1, here's some things to prepare early modified from my K1 list.

Petitioner:

• Order your tax transcripts. Only the most recent tax return is required, but you can order three years at a time for free from the IRS. Tax transcripts are summaries of your whole tax return provided free by the IRS. They can't be faked because it's a copy/summary of your whole tax return picture, basically certified by the IRS because it's issued by them. That's why you don't have to include any 1040, Schedules, W2s or 1099s if you send a transcript. They are free from the IRS. Transcripts take the place of sending a complete tax return.

  If you call 1-800-908-9946 (the transcript line) , there is an automated system for ordering transcripts. You'll have to enter your Social Security number and the numbers of your street address. It will generate an automated request to mail your transcripts. You can also order online on the IRS website http://www.irs.gov/individuals/article/0,,id=232168,00.html

• Start filling out the I-864 Affidavit of Support. It will have to be signed and mailed to the UK the slow way. Get familiar with the form. When the NOA2 is received is a good time to finalize it with the supporting documents and get it in the mail.

UK beneficiary:

• Get some passport photos taken. You will eventually need

  2 US sized for the Embassy

  1 UK sized for the police certificate

  1 either size for the visa medical exam.

  You can take your own and size it using this uploader tool from the Dept of State. Scroll halfway down the page. http://travel.state.gov/passport/pptphotoreq/pptphotoreq_5333.html Save the jpg file and print at home or at a photo place. Also available at Snappy Snaps, Photo-Me booths, Jessops, Gould's Pharmacy (by the embassy), near the Bond St Tube station (Oxford St) which is closest Tube to the medical exam.

• Go to your NHS doctor and get the immunizations you will need. Many NHS doctors will do them for free, but they are not obligated to do so for immigration purposes. If you had these shots as a child, Tdap/Td must be no longer than 10 years ago or you have to do them again. Get the shots documented by your doctor to take to your visa medical exam. Heres the shots needed for 19 through 59 years of age:

  Td or Tdap - You can get DT, DTP or DtaP and it will be accepted

  MMR (if born in 1957 or later) Get a second shot 4 wks later if you have time before the medical

  Varicella Not routinely given in the UK ; a history of having chickenpox excuses you from the shot. They take your word for it at the visa medical exam.

  Influenza - During flu season only, October 1 through March 31. This was a new recommendation dated November 2010 for all ages over 6 months. Older lists will say flu shots for over age 50. It changed.

• Order your police certificate. It takes some preparation because you need a passport photo signed off on by somebody officialish who has known you two years. Read the instructions. A police certificate is good for 12 months. Must take it to medical exam.
• Look at your passport and make sure it will have 8 months remaining after visa issuance. If not get it renewed now. If you've damaged it or gotten it wet, it will need to be renewed.
• Study the list of original documents London wants you to bring to the embassy and get those in hand or ordered. http://london.usembassy.gov/application_documents.html

  Make photocopies of any document you want back. They will verify the original and file the photocopy.

Edited April 30, 2013 by Nich-Nick

[lost_at_sea 995]

I think it's not uncommon for the USC to head to the US before it's all complete because they need to to establish domicile and reside in the US to meet the terms of the I-864. It's almost expected by law, but there are ways around it, as long as the USC enters with the immigrant. The immigrant visa holder can not enter first, while the USC stays behind.

Sorry to hi-jack the thread, but I read this and am now having a minor (maybe major) stress.

So, we're DCF. My American partner is in the UK temporarily on a Tier-2 ICT visa - naturally he'll be my sponsor.

He's only legally here temporarily- we won't file for a UK spouse visa for him. He pays US taxes. He has US bank accounts. His work will write letters to state that he expected back working in the US office on X date, and his current assignment is ending.

He does *not* have a US residency (when we go back, we'll probably stay with a friend or use corporate temporary housing while we find a place). Have I made a massive oversight, here? Ugh.

Edited May 1, 2013 by lost_at_sea

[Nich-Nick 3,354]

Did you read the full version in the link? This part:

What if I have not maintained a residence in the United States?

If you are acting as a joint sponsor you are required to show that you have maintained a residence in the United States. However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since a child, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a sponsor. In such cases, the question becomes do you intend to reestablish a residence in the United States. If this is indeed your intention and you can prove that you have or intend to re-establish U.S. residence, it may be possible for you to act as a sponsor.

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in the United Kingdom; for example obtaining a valuation of your property from an estate agent.