DCF available?

[LadyUK 0]

My fiancee and I were looking at filing a K1 until someone so nicely pointed out that the DCF is much quicker.

So, we live in the UK, and wanted to know if they still do the DCF, as I have seen conflicting information on websites?

How long does the average DCF take in the UK?

I will not be working when we first arrive to the USA, we intend on living with my mom until we get situated - does this mean we cannot file the DCF?

Any help and suggestions would be greatly appreciated.

[sophyie 0]

Here's what I found on filing the I130 in London:

Immediate Relative Category

Who is eligible?

Spouse of a U.S. citizen; parent or step-parent of a U.S citizen; child or stepchild under the age of 21 of a U.S. citizen and spouse of a deceased U.S. citizen. Note: A step-parent or child will qualify for immigration only if the marriage creating the step parent/child relationship occurs before the child's eighteenth birthday.

How do I apply?

The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS). A separate petition must be filed for each person immigrating. U.S. citizens resident in the United Kingdom may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; U.S. citizens residents in the United States should contact their their local USCIS office for further information. Note: A petition cannot be filed for a spouse until the marriage ceremony has taken place. The natural child of a U.S. citizen may have claim to U.S. citizenship. A petition cannot be filed until it has been established that the child is not a U.S. citizen.

http://www.usembassy.org.uk/cons_new/visa/iv/immrel.html

I'd suggest writing an email or calling the embassy about your option of filing the I130 in London directly.

I think either way (K1 or DCF) you should start now with filing your taxes with the US and re-establishing domicile in the US- both you will need for both visa types.

With both visa types it's possible to get a co- sponsor for your fiance.

Good luck!

My fiancee and I were looking at filing a K1 until someone so nicely pointed out that the DCF is much quicker.

So, we live in the UK, and wanted to know if they still do the DCF, as I have seen conflicting information on websites?

How long does the average DCF take in the UK?

I will not be working when we first arrive to the USA, we intend on living with my mom until we get situated - does this mean we cannot file the DCF?

Any help and suggestions would be greatly appreciated.

[meauxna 15]

My fiancee and I were looking at filing a K1 until someone so nicely pointed out that the DCF is much quicker.

So, we live in the UK, and wanted to know if they still do the DCF, as I have seen conflicting information on websites?

How long does the average DCF take in the UK?

I will not be working when we first arrive to the USA, we intend on living with my mom until we get situated - does this mean we cannot file the DCF?

Any help and suggestions would be greatly appreciated.

How long has the USC lived in the UK?

If less than one year, forget it.

If a year or more, there MAY be an opportunity.

If you are the USC and you do not have a job in the US, other income, or assets to satisfy the I-864, you may use a Joint Sponsor. You are not prohibited from filing locally because you will live with your mother (a very popular option--not YOUR mom. Each to their own mom. )

DCF in the UK generally takes 4-6 months I-130-->IV in hand. Timelines have been a little upset by recent events, so expect longer timelines.

Remember that you MUST be married to do this, and there may be restrictions on foreigners getting married in the UK without prior admission permission.

[LadyUK 0]

Okay, I will clarify a few things and perhaps make it easier for you to advise me.

My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.

My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

I have lived here since 1997.

I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

Our combined household income is about £42,000 per annum - or about $84,000.00 US.

I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

Would this be adequate for assets?

I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved

Edited April 8, 2007 by LadyUK

[sophyie 0]

Okay, I will clarify a few things and perhaps make it easier for you to advise me.

My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.

My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

I have lived here since 1997.

I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

Our combined household income is about £42,000 per annum - or about $84,000.00 US.

I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

Would this be adequate for assets?

I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved

Download a copy of the I-864 (the affidavid of support) and read it, that should answer (most) of your questions regarding sponsoring.

I think you can find the I-864 on this site or on the USCIS website.

[meauxna 15]

Okay, I will clarify a few things and perhaps make it easier for you to advise me.

My mother has offered this evening to be a joint sponsor, but I need more details as to what this entails if you can advise.

My fiancee, Rob, is a UK citizen, was born here, and has lived here all of his life. We have been living together for nearly 2 years. I have only just agreed to the terms of my divorce which has been ongoing since 2004. I should have my final divorce paperwork within the next two weeks (decree absolute).

I have lived here since 1997.

I have what is called "Indefinite Remain To Leave" in the UK with no restrictions. This means that I live in the UK with no restrictions. However, if I leave for more than 2 years at a time, I can lose this, so we intend on visiting often.

Our combined household income is about £42,000 per annum - or about $84,000.00 US.

I own a home here with about £20,000 ($40,000.00 US) worth of equity, and my car is worth about £8000.00 ($16,000 US).

Would this be adequate for assets?

I will mention to my mom that everyone will be staying with their own mom, I am sure she will be relieved

Volumes have been written on the Joint Sponsorship topic; I'll ask you to read the Guide first (http://www.visajourney.com/forums/index.php?autocom=custom&page=dcf) and the I-864 form and FAQ pages (links in Guide). I think you will see pretty clearly what's what---mom is signing on to be a back up in case Rob goes on Welfare and doesn't pay it back. Come back with your specific Qs, and the 'search this forum' option will make it easier for you to find answers.

don't be too sure about keeping your ILR status---any chance you'd up for UK citizenship? Most people in your approximate shoes find it's easier to be a dualie than trying to fake permanent resident status elsewhere. There is a Dual Citz FAQ linked in my siggy--very useful.

Your home equity in the UK may be used, and don't know the fate of the car, but yeah, I'd include it. Be honest. If it's just the two of you, I think that is sufficient assets anyway... oops, looks like you're looking for +$51K (3X poverty guideline) so be honest about the vehicle and don't forget any pensions or investments.

I'm sure you're legal to marry there too, with the ILR. Looks like that covers it--unless you're burning to marry in the US, or are only fixed to the dates you mentioned, yoiu'd like the result from DCF much much more than K-1.

[LadyUK 0]

Thank you sooo much.

We are crazy about each other, and very keen on starting our new life together in the USA.

I do have a question - why did you say that I am looking for (3X poverty guideline) - I thought it only had to be 125% and for just the two of us that would only be $17,112? I would have hoped that our careers and degrees would have been taken into account (I have 2 degrees, one in medicine and one in comp science), but it does not appear so.

My mother has agreed to co-sponsor him as well, which will hopefully make this easier.

I do have a child from a previous marraige who lives with her father in Oklahoma - where I intend on moving, but he is 100% financially responsible for her. I do contribute, but am not required to do so. I am not sure if she has to be included.

I have considered filing for dual citizenship, but to be honest I want to get this out of the way first. Between all of the filing fees, travel fees, medical fees, moving fees, etc I feel like I am already visiting a proctologist.

We were considering selling the house and moving into rented accomodation while all of this is going on - but perhaps we should wait on this. I wanted to pay off some credit cards but they can wait LOL.

I had the car valued recently so I know I can get at least 7K UK out of it if I wanted a quick sale. 8 and a half if I was prepared to stick to my guns.

What are the benefits, other than timescale, of the DCF?

I really appreciate your help. We have a long weekend planned next month - driving to Scotland to Loch Ness - we may have to stop and get married at Gretna Green!

Going to check out your link on duality now.

[meauxna 15]

Thank you sooo much.

We are crazy about each other, and very keen on starting our new life together in the USA.

I do have a question - why did you say that I am looking for (3X poverty guideline) - I thought it only had to be 125% and for just the two of us that would only be $17,112? I would have hoped that our careers and degrees would have been taken into account (I have 2 degrees, one in medicine and one in comp science), but it does not appear so.

Income and assets are not equal. To "make up" for missing income, you can use assets, but not at a one-for-one value. I-864 instructions explain this and the 3X system. The income must be US income, but check the London Embassy's comments on I-864 for local filers--word is that you are encouraged to include your UK income and that it will show to your benefit. Your CV/resume may also be included as an attachment if you feel it would help show your future employability at +125%PG income (based on your degrees, I would think so).

My mother has agreed to co-sponsor him as well, which will hopefully make this easier.

FYI, the correct term is "Joint Sponsor". If you will be living with mom, she also has the option of being a Household Member (I-864A) which involves less paperwork for her.

I do have a child from a previous marraige who lives with her father in Oklahoma - where I intend on moving, but he is 100% financially responsible for her. I do contribute, but am not required to do so. I am not sure if she has to be included.

I think that if she is not factored in your tax returns as a dependant, that she won't count in your household. I don't have kids, so don't take me as a final word on this (or anything, for that matter! I try to always provide the place where you can research further on your own.)

I have considered filing for dual citizenship, but to be honest I want to get this out of the way first. Between all of the filing fees, travel fees, medical fees, moving fees, etc I feel like I am already visiting a proctologist.

That up-the-bum feeling won't last too long--it's really not all that big a deal. It's my understanding that you are better off getting your UKC handled while you are there, before you move away.

We were considering selling the house and moving into rented accomodation while all of this is going on - but perhaps we should wait on this. I wanted to pay off some credit cards but they can wait LOL.

I had the car valued recently so I know I can get at least 7K UK out of it if I wanted a quick sale. 8 and a half if I was prepared to stick to my guns.

Credit cards can always wait; I am not a proponant of carrying debt though, and encourage you to sell your house if/when it suits you both best *financially*. Especially as you have a Joint Sponsor/Household Member lined up, serving the I-864 is not as important as selling your major holding in the best way possible (including the possibiity of holding it as a rental).

Be honest and conservative (or realistic at best!) with the car valuation.

What are the benefits, other than timescale, of the DCF?

Multiple. Primarily that the result of a DCF case is an Immigrant Visa; Rob comes to the US and becomes a Permanent Resident (Green Card) immediately. All employment, travel etc are open to him from Day One.

K-1s and other non-immigrants must go thru their visa applicatio process (6-9 months), get to the US, get married in 90 days and then Adjust Status/AOS. AOS is what turns you into a PR, and that can take an additional 12+ months. During that waiting time, work and travel will be limited, as well as access to other necessities (driver's licence etc). The Guide and the Arriving in America thread have more detail.

I really appreciate your help. We have a long weekend planned next month - driving to Scotland to Loch Ness - we may have to stop and get married at Gretna Green!

Sounds like a great road trip! Unfortunately, despite its reputation as the Las Vegas of Europe, there are still waiting periods for getting married in GG--I looked into it myself at the time! Wave to Nessie for me!

[rebeccajo 14]

LadyUK, mo is saying '3x' the pov guideline because you aren't talking about using a regular j-o-b job (as she calls it) to substantiate your affidavit.

When using assets, they must be 3 times the normal amount.

*good lord we were typing at the same time*

Edited April 8, 2007 by rebeccajo

[LadyUK 0]

I have been filing my taxes online today and its saying that I am owed over 6 thousand dollars from the IRS for the year 2006 - could this be correct?

I haven't completed it yet, but will give you an update when I am finished.

[LadyUK 0]

Nevermind - it was showing that I owed the IRS, but I had filled in one of the forms wrong.

I have completed my 1040EZ and the Form 2555 - Foreign Earned Income - do I just send both of these in to Austin or can I send them to the London Embassy?

*edit - you have to send them to the US address - mine is Austin Texas.

Do I need to add the form 2555 to my return?

Edited April 9, 2007 by LadyUK

[LadyUK 0]

Sent both forms to the US embassy in London, they will sort it out for me.

Does anyone know how long it takes to get any information back about a sucessful file?

[homesick_american 1]

Nevermind - it was showing that I owed the IRS, but I had filled in one of the forms wrong.

I have completed my 1040EZ and the Form 2555 - Foreign Earned Income - do I just send both of these in to Austin or can I send them to the London Embassy?

*edit - you have to send them to the US address - mine is Austin Texas.

Do I need to add the form 2555 to my return?

Form 2555 has to be filed with your 1040. If you have not filed returns for every year you've been in the UK, you need to start doing that now. Not tomorrow...NOW. If your taxes aren't squared away it could present problems, particularly when you return to the USA and try to get a mortgage. If you didn't file for...say...1998...you can still do so. If you don't owe the IRS money for that year then there's a good chance you won't be in trouble for filing late (better late than never) but it's something you really should do every year and on time. If you're confused about where to send your returns, call the IRS. Their 800 numbers work in the UK, or did last time I dialed them. They can give you better advice than I can; all I can tell you is what they've told me on various occasions and what my personal experiences have been. I would double-check with them; trouble with the IRS is the last thing you want.

At my husband's interview for the IR1, they only wanted my tax return from the last fiscal year, but I took along returns for the last three years anyway. We did a DCF with the US Embassy in London.

Here is what we were told at various points:

* You have to fill out an I-864 even if your assets do not qualify you to be a sponsor

* Your UK income doesn't count; neither does his

* You have to have assets in excess of $80,000 (your house and bank accounts count but your car doesn't)

* You must be able to liquidate the assets you use on your I-864 within 12 months

It sounds like you've got some groundwork to do. The USCIS likes to change the rules and they can be confusing so triple-check that the visa you're applying for is the correct one, then follow the instructions to the absolute letter. Leave nothing to chance; start gathering documentation like police certificates, birth certificates, etc. NOW. If you're going to use your house on your I-864 you have to have it valued by an estate agent (we had it valued by three) and you must have a current copy of your mortgage statement. If you're going to use bank accounts you have to have 12 months of statements; many UK banks charge for copies of these and they can take a couple of business days so if you don't have them, get them.

Also, remember we applied for a different visa from yours. It may be easier for you to just get married in the UK, then apply for a green card for your fiance. That way you won't have to do all that AOS stuff once you're in the USA. I wouldn't think an indefinite leave to remain visa (same one I have) would prohibit you from marrying...that would be rather silly. Double-check with the Home Office if you're in any way unsure about any of the terms of your visa, but right off the top of my head I can't see it being a problem. Also double-check with the USCIS to see if this route would be more appropriate.

I have been filing my taxes online today and its saying that I am owed over 6 thousand dollars from the IRS for the year 2006 - could this be correct?

If you're exempting all of your income in the UK from taxes in the US, the IRS should never owe you.

I have considered filing for dual citizenship, but to be honest I want to get this out of the way first. Between all of the filing fees, travel fees, medical fees, moving fees, etc I feel like I am already visiting a proctologist.

If memory serves you must hold an ILR visa in the UK for five years in order to qualify to apply for citizenship...unless you're married to a UK citizen in which case the waiting period is shortened to three years. Right now the Home Office is taking 6-9 months to process citizenship applications, start-to-finish. At least that's what someone at work told me; he's applying for UK citizenship and he says it's 'straightforward but takes a long time.'

If your US visa app is squared away, a K-1 will probably take less time to process than UK citizenship. You should keep in mind that it is easy to get an FLR/ILR visa when you are married to a UK citizen and if you ever did want to return to the UK with your hubby, you would likely have very little trouble getting one re-issued. However, all sorts of things can happen so if you deeply want the right to live in the UK you might want to consider citizenship. You should also keep the timeline in mind, though...and I would not mention to the USCIS that you're trying to be naturalized in the UK at the same time as applying for a K-1. They won't ask anyway.

Sent both forms to the US embassy in London, they will sort it out for me.

Does anyone know how long it takes to get any information back about a sucessful file?

Odd; I was told to never send my tax returns to the US Embassy; I always send them to the IRS in the United States. If you file from the UK every year you should get a form booklet in Jan/Feb from the IRS with sticky address labels already in it. If you stop filing they stop sending you the booklet, but that doesn't mean you don't have to file.

I've never received any notification from the IRS about my income taxes. If you want you can call them after a few weeks to ensure that the return was actually filed. That's what I do.

[LadyUK 0]

Thank you so very much for your help.

I will also try and file 2004 and 2005 to make things much easier. I will also try and back file for previous years.

We have 2 cars - one can count as an asset, yes?

Our plans our, at the moment, are as follows:

1. File Taxes for 2005 and 2004.
   
2. Search high and low for photos of us together - Rob hates having his picture taken and I am always behind the camera!
   
3. Request copy of divorce documents from my first marraige in America (doing that this afternoon).
   
4. Will have decree absolute from 2nd marraige within next 3 weeks.
   
5. I will have approximatly £7000 Uk in savings, I will leave it there for now, will help with assets.
   
6. Arrange 3 different evaluations for the house.
   
7. Print off last 12 months bank statements - one of our accounts is a joint account.
   
8. Get letter written from bank where we hold accounts (Lloyds TSB).
   
9. Get letter written from the bank where I hold my savings - and open a US bank account (HSBC).
   
10. Call IRS in 3 weeks to ensure forms have been filed.
    
11. Get married as soon as possible - family are very very excited.
    
12. File for DCF - this will make working when we get there soo much easier.
    

Does that sound like a logical plan?

Edited April 9, 2007 by LadyUK

[sophyie 0]

Thank you so very much for your help.

I will also try and file 2004 and 2005 to make things much easier. I will also try and back file for previous years.

We have 2 cars - one can count as an asset, yes?

Our plans our, at the moment, are as follows:

1. File Taxes for 2005 and 2004.
   
2. Search high and low for photos of us together - Rob hates having his picture taken and I am always behind the camera!
   
3. Request copy of divorce documents from my first marraige in America (doing that this afternoon).
   
4. Will have decree absolute from 2nd marraige within next 3 weeks.
   
5. I will have approximatly £7000 Uk in savings, I will leave it there for now, will help with assets.
   
6. Arrange 3 different evaluations for the house.
   
7. Print off last 12 months bank statements - one of our accounts is a joint account.
   
8. Get letter written from bank where we hold accounts (Lloyds TSB).
   
9. Get letter written from the bank where I hold my savings - and open a US bank account (HSBC).
   
10. Call IRS in 3 weeks to ensure forms have been filed.
    
11. Get married as soon as possible - family are very very excited.
    
12. File for DCF - this will make working when we get there soo much easier.
    

Does that sound like a logical plan?

Don't forget the possibility of having a joint sponsor for your husband to be- even if you never need it, it's nice to have it as a backup when your husband has his interview. I read somewhere that they might prefer joint sponsorship over assetts, so having one as a backup might be nice.

Good luck!