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Posted (edited)

Hi All,

I was advised that DCF was faster for the UK embassy. 45 days i believe. I'm going to relocate on June 1st. If I file now and get approved. How can I show proof of domicile when I don't even have it yet? Does that mean that I will have to find a suitable place for my spouse once I touch bases in the US so that I can report it after filing for the I-130?

confused.

Also..how do I manage the filing if both my spouse and I are in different countries? Will we have to fed ex docs back and forth?




Edited by y00ch
Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

You have to meet the residency requirement if any before you can DCF which if you aren't already there may make DCF longer. Most places requires the USC to have a valid resident permit so visiting doesn't work.

This will not be over quickly. You will not enjoy this.

Posted

You only need to be there to file the petition for DCF. After that you can go back and get domicile set up etc. You don't need to prove domicile till the interview.

This sounds logical. Thanks for the input everyone. I really love this site and the people in it.

Posted

Hi All,

I was advised that DCF was faster for the UK embassy. 45 days i believe. I'm going to relocate on June 1st. If I file now and get approved. How can I show proof of domicile when I don't even have it yet? Does that mean that I will have to find a suitable place for my spouse once I touch bases in the US so that I can report it after filing for the I-130?

confused.

Also..how do I manage the filing if both my spouse and I are in different countries? Will we have to fed ex docs back and forth?

You can maintain your US domicile while residing in the UK easily enough. Even if you don't, you only have to show an INTENT to reestablish domicile. Read what the London embassy says about domicile http://london.usembassy.gov/faq_i864_domicile.html

Also you need to get your permission from the UK to reside there. You can't be a visitor and apply DCF.

Requirement:

"The US petitioner must provide evidence that he/she has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months."

That means you can't petition until Dec 1 (if you get your UK residency approval and enter by June 1).

"

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

You can maintain your US domicile while residing in the UK easily enough. Even if you don't, you only have to show an INTENT to reestablish domicile. Read what the London embassy says about domicile http://london.usembassy.gov/faq_i864_domicile.html

Also you need to get your permission from the UK to reside there. You can't be a visitor and apply DCF.

Requirement:

"The US petitioner must provide evidence that he/she has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months."

That means you can't petition until Dec 1 (if you get your UK residency approval and enter by June 1).

"

Thanks Nich-Nick. I certainly do have legal residence here in the UK and have been legally working in 2ndary schools as a teacher.

I see that you're very knowledgeable. How do you suggest I manage the filing while I'm overseas? Should I bring all original documents with me to the States and keep close contact with my wife on notices she receives in the mail? I guess thats the only way right? Just trying to think out the logistics here.

Posted

Thanks Nich-Nick. I certainly do have legal residence here in the UK and have been legally working in 2ndary schools as a teacher.

I see that you're very knowledgeable. How do you suggest I manage the filing while I'm overseas? Should I bring all original documents with me to the States and keep close contact with my wife on notices she receives in the mail? I guess thats the only way right? Just trying to think out the logistics here.

Your first post confused me. I thought you were going to relocate to the UK just so you could use DCF. But you are currently in the UK and plan to leave to the US in June instead of waiting on your wife to get the visa.

File the I-130 this week with all the proper documentation. Then your part of the process is pretty much done. The rest is all about the UK spouse's documents except the Affidavit of Support I-864 provided by you (and a joint sponsor if you don't have sufficient income).

The sponsor and joint sponsor on an I-864 must be US citizens or greencard holder AND they need to be domiciled in the US. So that's the whole domicile thing...how can you be residing in the UK and properly meet the requirements of a sponsor on the I-864?? Read the link from London explaining that you don't have to physically be in the US for your I-864 to be acceptable. You can show "intent" to re-establish domicile with things like plans for moving, resignation from UK job, seeking US jobs, seeking living quarters. If you still maintain a valid US state driver license or bank account helps show you never gave up your US domicile. Read the link. Domicile is not about having a place in the US for you spouse to live. It is to show you meet the proper requirements to sign the Affidavit of Support.

Logistics?? Study the entire process and get your ducks in a row before you leave the UK. Make lists of which spouse provides what form or document. For example don't take her birth certificate or the marriage license to the US. She needs it at her interview. File your US tax returns for the last 3 years if you, like many, think that wasn't required when living outside the US. Fill out and sign your I-864 before you leave so you don't have to mail it back to her.

With advance planning you shouldn't have to be using FedEx back and forth. Use first class mail. The only thing I can see that would have to be mailed from the US would be an I-864 and documentation from a joint sponsor who lives and works in the US. Their form would need to be signed and mailed, but their tax transcripts, proof of US citizenship, etc can be scanned and emailed if need be.

There is a London DCF Guide one of our member put together. Study it. Seems like the domicile link doesn't work, but I already gave you that in this thread. Link to LONDON DCF http://www.visajourney.com/wiki/index.php/DCF_London

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

Your first post confused me. I thought you were going to relocate to the UK just so you could use DCF. But you are currently in the UK and plan to leave to the US in June instead of waiting on your wife to get the visa.

File the I-130 this week with all the proper documentation. Then your part of the process is pretty much done. The rest is all about the UK spouse's documents except the Affidavit of Support I-864 provided by you (and a joint sponsor if you don't have sufficient income).

The sponsor and joint sponsor on an I-864 must be US citizens or greencard holder AND they need to be domiciled in the US. So that's the whole domicile thing...how can you be residing in the UK and properly meet the requirements of a sponsor on the I-864?? Read the link from London explaining that you don't have to physically be in the US for your I-864 to be acceptable. You can show "intent" to re-establish domicile with things like plans for moving, resignation from UK job, seeking US jobs, seeking living quarters. If you still maintain a valid US state driver license or bank account helps show you never gave up your US domicile. Read the link. Domicile is not about having a place in the US for you spouse to live. It is to show you meet the proper requirements to sign the Affidavit of Support.

Logistics?? Study the entire process and get your ducks in a row before you leave the UK. Make lists of which spouse provides what form or document. For example don't take her birth certificate or the marriage license to the US. She needs it at her interview. File your US tax returns for the last 3 years if you, like many, think that wasn't required when living outside the US. Fill out and sign your I-864 before you leave so you don't have to mail it back to her.

With advance planning you shouldn't have to be using FedEx back and forth. Use first class mail. The only thing I can see that would have to be mailed from the US would be an I-864 and documentation from a joint sponsor who lives and works in the US. Their form would need to be signed and mailed, but their tax transcripts, proof of US citizenship, etc can be scanned and emailed if need be.

There is a London DCF Guide one of our member put together. Study it. Seems like the domicile link doesn't work, but I already gave you that in this thread. Link to LONDON DCF http://www.visajourney.com/wiki/index.php/DCF_London

Posted

Requirement:

"The US petitioner must provide evidence that he/she has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months."

That means you can't petition until Dec 1 (if you get your UK residency approval and enter by June 1).

"

Hey all,

More questions.

I obtained my UK Residence Permit (Spouse/Partner Leave to Remain) work permit on 18-11-2013.

On 18th May 2014 I will have been living in the UK for 6 months. Does this mean I have to wait until 18th of May of this month to file the I-130?

The USCIS London Field Office clearly says that the I-130 Application will be rejected and returned if you haven't resided in the UK for the required 6 months.

Posted

Hey all,

More questions.

I obtained my UK Residence Permit (Spouse/Partner Leave to Remain) work permit on 18-11-2013.

On 18th May 2014 I will have been living in the UK for 6 months. Does this mean I have to wait until 18th of May of this month to file the I-130?

The USCIS London Field Office clearly says that the I-130 Application will be rejected and returned if you haven't resided in the UK for the required 6 months.

I also forgot to say that I did arrive in the UK on a student visa in July 2012. Would that qualify?

 
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