Italian LPR filing DFC in London. Help me, please..

[Darnell 8,479]

I only discovered this recently, but I still find conflicting info. I suggest anyone who is LPR in the UK and wants to DCF should email the London field office to confirm eligibility (they respond quickly).

Normally I would be frothing at the mouth, suggesting a LPR chasing a DCF'd I-130 with subsequent visa chasing is a misnomer,

but

the OP seems to believe that it's do-able.

I smell many things that will be fraught with error, thinking, procedure, and what nots,

but

if'n a ConOff at the IV unit told the OP it's do-able, and the waiting period to chase a visa number is non-existent, then maybe it's a viable path (at least for a bit).

oh well - roll the dice, see wot happens, i 'spose.

[NigeriaorBust 4,087]

It is kind of tricky to say you are a US resident and then say you are a UK resident. It may backfire and they find that you have given up your status. However they used to be a bit softer of DV winners ( it used to be in the instructions but I no loner find it ) for the first year. Using DCF may get your petition approved faster but you are still waiting in the same line for a visa number to be available ( which averages about 2 years for acceptance date ) before your spouse will get a visa. It really only makes sense to DCF is the priority date is current an event you probably won't see again for years.

I hope you have your US taxes from last year filed also ( a requirement once you activated your green card )

[danielenglish 3]

Hi guys, thank you for this discussion, it's very useful for me.

Of course, I will try to ask a lawyer and do research also by myself.

As I said, I was going to send all the papers on monday but I don't want to face any risk.

Life is hard in itslef and I surely don't want to make it even harder.

To answer who asked why I'm not already in the US: I had to complete a lot of things (especially bar exam in Spain and master in London) and I couldn't move before.

Moreover, I was (actually, I still am) pretty sure that I had one year (from the day I left the US) to go back (I spoke with a lot, a lot, of GC winners).

The only thing I am aware is, like said, there is a difference between the "first 6 months" and the second ones because the latter situation puts me in the position where I need to show my ongoing interest to keep my status of LPR.

With regard to this, like said, I opened a bank account, asked for a SSN and collected all the certificates of my studies (which I started BEFORE entry for the firts time in US - the 16th of july 2013).

However, I fully understand your words and it is not completely clear even to me (I got the discrepancy between declaring to be LWP in the US and, at the same time, show evidence of my UK residency).

Someone of you also asked why I want to file here. Well, as far as I've understood, filing through DCF is significantly faster, at least, in accomplishing the first step.

About the US taxes, I will go for a joint sponsor ..as I've never worked in the US, of course.

P.S. lost_at_ sea, I left the US at the end of july 2013

[aaron2020 11,651]

Hi guys, thank you for this discussion, it's very useful for me.

Of course, I will try to ask a lawyer and do research also by myself.

As I said, I was going to send all the papers on monday but I don't want to face any risk.

Life is hard in itslef and I surely don't want to make it even harder.

To answer who asked why I'm not already in the US: I had to complete a lot of things (especially bar exam in Spain and master in London) and I couldn't move before.

Moreover, I was (actually, I still am) pretty sure that I had one year (from the day I left the US) to go back (I spoke with a lot, a lot, of GC winners).

The only thing I am aware is, like said, there is a difference between the "first 6 months" and the second ones because the latter situation puts me in the position where I need to show my ongoing interest to keep my status of LPR.

With regard to this, like said, I opened a bank account, asked for a SSN and collected all the certificates of my studies (which I started BEFORE entry for the firts time in US - the 16th of july 2013).

However, I fully understand your words and it is not completely clear even to me (I got the discrepancy between declaring to be LWP in the US and, at the same time, show evidence of my UK residency).

Someone of you also asked why I want to file here. Well, as far as I've understood, filing through DCF is significantly faster, at least, in accomplishing the first step.

About the US taxes, I will go for a joint sponsor ..as I've never worked in the US, of course.

P.S. lost_at_ sea, I left the US at the end of july 2013

You should seek competent counsel rather than rely on GC winners who may be ignorant of the law.

It's good that you created some ties to the US.

Also, on US taxes, it doesn't matter that you never worked in the US. US law requires you as an LPR to report your worldwide income on your US tax return even if you earn no money in US and have no US tax liability. You do have an obligation to file a US tax return for 2013. Having a Joint Sponsor for the I-864 does not excuse you from the obligation to file. Filling your US tax returns is also a requirement for the I-864. Even with a Joint Sponsor, your failure to file US tax returns would disqualify your spouse from meeting the I-864 requirements and disqualify your spouse from getting an immigration visa.

[NigeriaorBust 4,087]

The issue about the DCF is you are claiming you are a resident in the UK , that combined with your long absence from the US might be used to show you have abandoned your GC ( you came you saw you left ) There used to be a specific statement about having a year to establish residence for dv winners ( on the assumption that you couldn't be sure to get it as much as other green cards ) I spent about an hour last night and can no long find it in the government instructions implying it may not be true anymore ( it is easier for immigration with one set of rules ) If I where you I would file through the lock box in the US because DFC is not going to make a bit of difference if the total time.

[danielenglish 3]

Thank you very much for your help, your suggestions are very important for me.

This morning, my wife's aunt (USC) has spoken with an immigration lawyer in America who said that, of course, the earlier I go to the US the better it is.

That is why, having just finished the master in London, I'm planning to move as soon as possible (hopefully in one month).

The lawyer also added that filing through the lock box in the US or here through DFC doesn't make any important difference as all the papers need to be sent in the US but it's basically up to me because - in his opinion - I shouldn't face any risk in doing so in London.

At this point, since I find your observation very logical, I don't want to take even the smallest risk if there is no difference in term of lenght of the process.

However, it seems very strange to me because in the DFC forum (and also speaking with forum users who followed this path) I got other kind of information and - at least the first step (process I-130 applications, receve the letter of approval and being notified the case is transferred to the visa unit) - is much quicker.

Anyway, I want to understand better the situation and postpone the filing.

Actually, I've also thought to query directly the Uscis office in London, explaining the situation and showing my very true "bona fide".

What do you think about it?

With regards to the tax returns, I've read the "Guide for new immigrants" and the part where it is said that a permanent resident has to file income tax returns and report the income to the IRS.

However, up to now I've never had an income...and I was told that in this case I can either still file the tax return (by indicating only "zero") or not doing so (as I've never had an source of income before).

What do you think about that?

Is that a lack that a joint sponsor can "solve" or there is no way..?

Thank you a lot for your help!

[Gai 18]

Thank you very much for your help, your suggestions are very important for me.

This morning, my wife's aunt (USC) has spoken with an immigration lawyer in America who said that, of course, the earlier I go to the US the better it is.

That is why, having just finished the master in London, I'm planning to move as soon as possible (hopefully in one month).

The lawyer also added that filing through the lock box in the US or here through DFC doesn't make any important difference as all the papers need to be sent in the US but it's basically up to me because - in his opinion - I shouldn't face any risk in doing so in London.

At this point, since I find your observation very logical, I don't want to take even the smallest risk if there is no difference in term of lenght of the process.

However, it seems very strange to me because in the DFC forum (and also speaking with forum users who followed this path) I got other kind of information and - at least the first step (process I-130 applications, receve the letter of approval and being notified the case is transferred to the visa unit) - is much quicker.

Anyway, I want to understand better the situation and postpone the filing.

Actually, I've also thought to query directly the Uscis office in London, explaining the situation and showing my very true "bona fide".

What do you think about it?

With regards to the tax returns, I've read the "Guide for new immigrants" and the part where it is said that a permanent resident has to file income tax returns and report the income to the IRS.

However, up to now I've never had an income...and I was told that in this case I can either still file the tax return (by indicating only "zero") or not doing so (as I've never had an source of income before).

What do you think about that?

Is that a lack that a joint sponsor can "solve" or there is no way..?

Thank you a lot for your help!

I've seen this explained already, but the reason it is quicker for those in that forum is they are applying as USC with UK residence. You are not a USC, so your spouse is not immediately entitled to a visa. LPR spousal visas fall into the F2A category, which, even after approval, means you have to wait an indeterminable amount of time until a visa is available for them.

So yes, DCF is faster in the approval lane. However, it won't make a difference in the timing overall because your spouse would have to wait until there is an available visa. They would not receive the visa as soon as their application is approved.

Hope this helps.

[Darnell 8,479]

DCF, still, is for USCitizens .

I'm happy to be wrong on this, but I ask you talk with a Consular Officer at the Embassy/Consulate, face to face, first.

[danielenglish 3]

Thank you for the asnwer.

"Gai", one thing is still not clear to me since I'm ignorant of the process and all this kind of "burocratic stuff".

If the first step is managed quicker by filing DFC, my spouse should "go in the queue" earlier that who, for istance, had to wait for several months (sometimes even 20) before having the I-130 approved.

Is this deduction correct?

"Darnell", I already spoke with the Uscis in London and they told me that, yes, as a LPR, I can file with them.

That is why I want to deeply understand the situation before chosing my way..

Please, can anyone clarify what I wrote about the tax returns?

Up to now I've never had an income and I was told that in this case I can either still file the tax return (by indicating only "zero") or not doing so (as I've never had an source of income before).

In your opinion, is this a lack that a joint sponsor can "solve" or there is no way..?

Many thanks

[belinda63 3,045]

First the only thing that will matter with the F2A processing is the date on the NOA-1. The receipt that your file was received. This is your priority date. The priority date is what determines your place in line. The length of time it takes to process the I-130 after it is received doesn't matter. Some people have waited years between the NOA-1 and NOA-2 (receipt of arrival and receipt of approval) because USCIS gives low priority to reviewing cases when there is a long wait time for a visa to be available. Again, the only thing that will matter in an F2A case is the priority date....date petition is received.

As to taxes, if you have no income you aren't required to file. Google IRS filing requirements to make sure. Welcome to the US with its thousands of pages of tax regulations.

A joint sponsor will be a requirement for you if you have no income or it is too low. It must be a US citizen or LPR living in the US with US derived income or assets. Since you won't be filing the affidavit of support for a while (that will happen when the visa number is close to becoming current) this gives you time to establish a domicile in the US, which you will have to show, and to obtain employment in the US.

You are looking at more than a year of waiting for the visa interview and more likely two years. This is plenty of time to obtain employment.

Edited February 22, 2014 by belinda63

[NigeriaorBust 4,087]

US tax code requires you show your world wide income and then offers an exemption for a large part of the foreign income. As an LPR you are required to file every year. ( USCs are not if they earn little income ) not doing so is one sign of abandoning your green card. You can DFC but once again as an LPR you have to show that your filing is to unite family you must establish yourself in the US prior to the interview process or they will deem that there is no need for the visa. I really think your safer path is filing in the US. After having spent so much time out of the US you are pushing being found to have abandoned the card.

[danielenglish 3]

Thank you Belinda, you've made the situation clearer, especially when you say it is the NOA1 which determines the place in line (something that I didn't know).

You added that "the length of time it takes to process the I-130 after it is received doesn't matter", however, I still do not understand one thing.

With regard to the amount of time they need to approve the application and transfer it to the visa unit, you said (and I already knew this) it may take even a couple of years whereas (and this is the point), according to what I've got in this forum, London seems to manage to approve their cases very quickly and it is still faster than filing by Chicago, even if it takes a bit longer because I am an LPR.

Does it not really make any difference?

Thank you Nigeria, you say that "as an LPR I am required to file every year", but how come Belinda says the opposite "if you have no income you aren't required to file"...which is what I knew, too.

Moreover, as I said, I've never had an income so far (I'm talking in general and not only about an "US income").

I know that dealing with this sort of things makes people think differently (just think that I was told that if I go by DCF, It'll probably be done in 3 - 6 months, whereas via Chicago, it's like 9 - 14 months) but I want to understand two things: 1) what's better..following the DFC path in London or filing directly from the US ? 2) Am I eligible to do so? Am I gonna face some risk? (of course, if I get a positive answer to the last question, I'll file once I am in the US).

For this reason, like I said in a previous message, I believe the best thing is to ask directly the Uscis in London, before filing the form.

Anyway, I much appreciate all the suggestions you are giving me, really.

Thank you very much

[belinda63 3,045]

Tax code is extremely complicated and I have never been an LPR so I defer to someone who has better knowledge than me in that area. It would never hurt to file a tax return.

This is the way a F2A works. File petition. Get NOA-1 with priority date. Wait. Get NOA-2 with petition approved. File goes to storage. When the priority date is near being current file is retrieved from storage. Process continues. Of course this is assuming the petition was complete with payment, all signatures and forms, etc.

This site is for the visa bulletin which comes out each month and gives what priority dates for each category are currently being processed. http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html. For F2A they are processing files with a priority date of September 2013.

How fast your petition goes from being received (provided it is a complete petition)to being approved has nothing to do with the priority date or how fast your wife will be eligible to interview for a visa. The only thing having your petition approved faster will accomplish is less time in storage. She will still have to wait for the priority date to become current before any further action can take place with the petition.

Better to be safe than sorry. File with the Chicago lockbox. Remember the sooner you file the sooner your place in line is established.

Edited February 22, 2014 by belinda63

[danielenglish 3]

Belinda, thank you very, very much.

Your explanation is extremely clear and eventually I know what to do.

Merci azizam vase komaketun!

Thank you all for your answers which have clarified a process that looks much more "logical" now.

It is so good that there are still people willing to help

[danielenglish 3]

Here I am again

I've started to read the guide for the CR1 Visa to check whether or not there is any difference between filing with the Phoenix Lockbox and DCF in London (as I had already filled the documents out according to what the Uscis in London requires).

At first glance, the biggest difference is the "Evidence of a Bonafide Marriage" which is not asked here in London.

We don't have any joint ownership, account, property, children and so on.

Therefore, I was wondering how can there be such a difference in the document required if you file in the US or in UK.

In your opinion, may "skipping this point" represent a problem?

Secondly, the same guide says to provide "Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport"

I am a permanent resident and I was going to include in the package for the Uscis in London a copy (front and back) of my GC (as they told me).

Do you think I can do the same for the Phoenix Lockbox or I should also get the Birth certificate?

Thank you very much for your help