UK DCF for IR-1 - double checking

[moeandlu 4]

hi!

 

we will be sending our I-130 package to the UKk embassy in the next couple of weeks, aim is to move autumn of 2018. My (USC) spouse visa is up Jan 2019 so we should be ok.

 

to be clear, the entire process/visa (which should be good for 10 years) is the IR-1/CR-1, they are the same application but depending on length of marriage at time of UKC entry into the US after visa approval is what differentiates IR-1 and CR-1 status. if IR-1 (which we would be, all going to plan) stamped/received, my husband (full UKC) would receive green card in a few weeks and from there, be allowed to find work, is all this correct? 

 

just verifying procedure (i am getting confusing/conflicting information from forums vs US embassy website)

 

-mail i-130 and complete checklist items to embassy in london

 

after this is approved (fingers crossed), i-864 should be filed by my husband?

 

does the DS-230 come into play? If so, when??

 

I have also seen that my husband would only have an interview and medical exam, but others have said i would have an interview as well? would our interview be the same time/joint interview? 

 

This process seems a bit more muddy than the process for my spouse visa to move to the UK, which i did on my own as well so i feel like i know what i'm looking for and have a little bit of an idea what to expect. However, I'm having some trouble finding a timeline with USC filing from inside the UK, DCF. If anyone has one, or if i've missed it on the forum, please do point me in that direction.

 

Just want to make sure we get it right!

[moeandlu 4]

https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#2

 

this mentions DS-260 and 261 and a few other editions/versions of i-184.

 

if i am doing DCF with the US embassy in London (we live in the UK), we don't have a residence in the US yet. Can i list my parents? we would get our own residence closer to the move but at time of application that's not set. we did this for me moving to the uk, if so, do we have to get a letter of support form the landowners (my parents) with mortgage information as well? we did this for me moving to the UK. Just wondering if the same is required or if we can list my parents address without further evidence.

[mindthegap 2,590]

 

 

8 hours ago, moeandlu said:

aim is to move autumn of 2018.

With how quick London DCF is, if you file paperwork as soon as is ready, you could have the immigrant visa in hand by the end of 2017.

Be aware though that the visa is valid for six months from the date of the medical, and this cannot be extended. If you build in delays in the process, and if you are wanting and willing to take your time, then do so.

 

8 hours ago, moeandlu said:

 

to be clear, the entire process/visa (which should be good for 10 years) is the IR-1/CR-1, they are the same application but depending on length of marriage at time of UKC entry into the US after visa approval is what differentiates IR-1 and CR-1 status.

Yes, exactly the same, except for CR-1 has to file an I-751 (removal of conditions) by the second anniversary of using the visa. IR-1 does not. Whether you are CR-1 or IR-1 depends on whether you have been married more than or less than 2 years on the date of using the visa.

 

8 hours ago, moeandlu said:

 

just verifying procedure (i am getting confusing/conflicting information from forums vs US embassy website)

 

-mail i-130 and complete checklist items to embassy in london

 

after this is approved (fingers crossed), i-864 should be filed by my husband?

 

does the DS-230 come into play? If so, when??

 

Been a few years since I did mine and I believe it has changed slightly for the latter stages (you now schedule your own interview rather than sending off a DS-2001 where you said you were ready and they scheduled one for you), but take a look at my timeline below. 

As you are doing DCF, at no point is the NVC involved - it is done entirely at London, which is why it is so quick.

 

-You file the I-130 at London - details HERE

-You receive approval, and a case number.

-Your husband must request a police certificate - details HERE

-Your husband schedules a medical (and will need the police certificate for this, as well as vaccination details) - details HERE

-Once medical completed, your husband files a DS-230 and schedules an interview.

-You (as sole sponsor, or with a co-sponsor) fill out the I-864 and supporting documentation, as well stuff like evidence of your intent to re-establish domicile or proof that you have maintained domicile in the US, and make sure your tax returns have been filed for the last few years. This stuff is all required at the interview.

- Interview is conducted and he is hopefully approved. If so, he will leave his passport at the embassy.

- Passport with visa will be sent via DX.

- Pay 'new immigrant fee' online

- Enter the US - will receive an I-551 stamp acting as a temporary PR card until the Green Card arrives in the mail. He is allowed to work immediately upon entry. Can leave the US the same day if you need to return to the UK to sell house/whatever

 

8 hours ago, moeandlu said:

I have also seen that my husband would only have an interview and medical exam, but others have said i would have an interview as well? would our interview be the same time/joint interview? 

 

You husband will have a medical, and an interview. You can attend his Immigrant visa interview at the London embassy  if you wish, but it is not required that you do so. You do not have an interview.

 

7 hours ago, moeandlu said:

if i am doing DCF with the US embassy in London (we live in the UK), we don't have a residence in the US yet. Can i list my parents? 

 

Yes.

 

 

 

 

Edited August 28, 2017 by mindthegap

[moeandlu 4]

22 hours ago, mindthegap said:

 

 

With how quick London DCF is, if you file paperwork as soon as is ready, you could have the immigrant visa in hand by the end of 2017.

Be aware though that the visa is valid for six months from the date of the medical, and this cannot be extended. If you build in delays in the process, and if you are wanting and willing to take your time, then do so.

 

Yes, exactly the same, except for CR-1 has to file an I-751 (removal of conditions) by the second anniversary of using the visa. IR-1 does not. Whether you are CR-1 or IR-1 depends on whether you have been married more than or less than 2 years on the date of using the visa.

 

Been a few years since I did mine and I believe it has changed slightly for the latter stages (you now schedule your own interview rather than sending off a DS-2001 where you said you were ready and they scheduled one for you), but take a look at my timeline below. 

As you are doing DCF, at no point is the NVC involved - it is done entirely at London, which is why it is so quick.

 

-You file the I-130 at London - details HERE

-You receive approval, and a case number.

-Your husband must request a police certificate - details HERE

-Your husband schedules a medical (and will need the police certificate for this, as well as vaccination details) - details HERE

-Once medical completed, your husband files a DS-230 and schedules an interview.

-You (as sole sponsor, or with a co-sponsor) fill out the I-864 and supporting documentation, as well stuff like evidence of your intent to re-establish domicile or proof that you have maintained domicile in the US, and make sure your tax returns have been filed for the last few years. This stuff is all required at the interview.

- Interview is conducted and he is hopefully approved. If so, he will leave his passport at the embassy.

- Passport with visa will be sent via DX.

- Pay 'new immigrant fee' online

- Enter the US - will receive an I-551 stamp acting as a temporary PR card until the Green Card arrives in the mail. He is allowed to work immediately upon entry. Can leave the US the same day if you need to return to the UK to sell house/whatever

 

 

You husband will have a medical, and an interview. You can attend his Immigrant visa interview at the London embassy  if you wish, but it is not required that you do so. You do not have an interview.

 

 

Yes.

 

 

 

 

 

[moeandlu 4]

Thank you so much, this is very helpful!

 

i have a few questions, having filled out the forms (except G-325a - some instructions have said this is now I-130a?) as a trial run:

 

- is the medical exam done at a specific place? How do you schedule the medical exam?

 

- how do you schedule the interview? Do you receive instructions for this and med exam?

 

- what kind of charges might prevent approval (re: police certificate)

 

- for CR-1/IR-1 status, we will have been married more than 2 years at time of hopeful entry, but less than 2 years at time of filing. I understand the time of entry is what decides this. Is this correct?

 

 

 

- regarding the i-864:

--- what suffices for documentation for proof of intent to re-establish domicile in the US? We won't have had anything rented/bought by then, we will make arrangements closer to date of move, or stay at my parents for a short while. 

--- what is the current US poverty line? If any 1 of the 3 years of tax returns are below 125% of it, is a joint sponsor required?

--- is it ok for my (sponsor) address to be in the U.K., without noting we are doing DCF, is that irrelevant?

--- for our U.K. Phone numbers, out 0 or +44 before them? Sorry if this is tedious, my spouse visa to move to the U.K. Required this level of specificity!

--- if I'm currently in a permanent role at work but in an acting managerial role, is there an importance to noting my previous title, or note current title at time of filing?

--- for income, $ is listed, best to put current exchange rate of GBP to USD at the time of filing out form (as this can fluctuate)? Or notate on the back the GBP salary where additional information can be provided?

--- is part 7 (monetary asset information) really optional or best to fill out?

[geowrian 22,337]

32 minutes ago, moeandlu said:

i have a few questions, having filled out the forms (except G-325a - some instructions have said this is now I-130a?) as a trial run:

The G-325As are no longer needed as they have been incorporated into the I-130 + I-130A.

 

Quote

- what kind of charges might prevent approval (re: police certificate)

This is a very broad question, but "minor" offenses with disclosure and documentation shouldn't be an issue. It also depends if you're referring to the petitioner or beneficiary. Only the beneficiary needs the police certificate(s), but they will pull the criminal history of the petitioner as well. The really big issues are like AWA crimes (i.e. child predator), but a history of Domestic Violence (DV) or other violent offenses are likely to raise concern. Drug use/abuse, and potentially DUIs/DWIs can also be problematic. Rather than listing every possible issue, it's better to list any crimes and figure out if they are likely to raise a concern. Your spouse should also be aware of all crimes in case they are asked about it.

 

Quote

- for CR-1/IR-1 status, we will have been married more than 2 years at time of hopeful entry, but less than 2 years at time of filing. I understand the time of entry is what decides this. Is this correct?

Regardless of what visa you get, your status is determined at the time of becoming a Legal Permanent Resident (LPR)...which is at POE for an immigrant visa. So if you enter the US after your 2 year anniversary, you will enter with IR-1 status and get the 10 year green card (no ROC required).

 

Quote

- regarding the i-864:

--- what suffices for documentation for proof of intent to re-establish domicile in the US? We won't have had anything rented/bought by then, we will make arrangements closer to date of move, or stay at my parents for a short while. 

They typically look at domicile at the interview, IIRC. There is no set list of what qualifies for US domicile, and some embassies/COs are more strict on this than others. There is a good list of items in the existing threads here, as well as the wiki (http://www.visajourney.com/wiki/index.php?title=NVC_Process, see "Domicile"). Note that domicile is not just having a place to live.

 

Quote

--- what is the current US poverty line? If any 1 of the 3 years of tax returns are below 125% of it, is a joint sponsor required?

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

They care more about current income than past income. For somebody self employed, they typically look at the tax returns more closely. If the current income is sufficient (see my note below) and there is evidence of that (pay stubs, employment letter), then I wouldn't worry about tax returns.

 

Quote

--- is it ok for my (sponsor) address to be in the U.K., without noting we are doing DCF, is that irrelevant?

The sponsor must be a USC or LPR with US domicile as well. They can currently be in the U.K., but they need to show US domicile as well.

 

Quote

--- if I'm currently in a permanent role at work but in an acting managerial role, is there an importance to noting my previous title, or note current title at time of filing?

Not particularly. Keep in mind that only any income that will continue from the same source after coming to the US qualifies for meeting the financial requirements.

 

Quote

--- is part 7 (monetary asset information) really optional or best to fill out?

Yes, it's optional unless you are using assets to qualify for the I-864. If income alone is sufficient, then assets are optional. If income + assets are insufficient, then assets don't need to be listed either.

 

I skipped a few items as I think the other members more familiar with London specifically may be better suited to answer them.

Edited August 29, 2017 by geowrian

[moeandlu 4]

22 hours ago, geowrian said:

The sponsor must be a USC or LPR with US domicile as well. They can currently be in the U.K., but they need to show US domicile as well.

 

 only any income that will continue from the same source after coming to the US qualifies for meeting the financial requirements.

 

thank you very very much! i just have questions about the following - 

 

do we need to establish our own future residence in the US or can my parents home suffice for this as my US domicile, even though i live outside of the US at the time?

 

do i need to line up work in the US before moving/filing? we are filing a year before we plan to move and i live/work full time in the UK currently

[geowrian 22,337]

1 minute ago, moeandlu said:

thank you very very much! i just have questions about the following - 

 

do we need to establish our own future residence in the US or can my parents home suffice for this as my US domicile, even though i live outside of the US at the time?

 

do i need to line up work in the US before moving/filing? we are filing a year before we plan to move and i live/work full time in the UK currently

Having a place to live lined up is one piece of evidence to establish US domicile. If your plan is to live with your parents, then they can write up a document stating the plans to live there. If you're instead doing a lease (with anybody, even family), then a copy of the lease would be good to include.

 

Having a US-based job / job offer is another piece of evidence to include for US domicile (if you have it). The domicile issue should come into play for the interview, so you have some time still (and can delay the process if needed since you are looking ahead a year, whereas DCF usually only takes months).

[moeandlu 4]

10 hours ago, geowrian said:

 

 

Having a US-based job / job offer is another piece of evidence to include for US domicile (if you have it). The domicile issue should come into play for the interview, so you have some time still (and can delay the process if needed since you are looking ahead a year, whereas DCF usually only takes months).

no problem about having my parents write a letter. or hope is to move and find a new place to live and jobs once arrived - is this not possible?

 

is the expectation for me to move there before filing so i have a US job at time of filing? this seems extreme

[Jorge V 195]

6 hours ago, moeandlu said:

no problem about having my parents write a letter. or hope is to move and find a new place to live and jobs once arrived - is this not possible?

 

is the expectation for me to move there before filing so i have a US job at time of filing? this seems extreme

No, this is not the expectation. The expectation is that you intend to establish domicile at the time of the interview, which is typically several months after filing. You are then required to enter the country before or at the same time as your spouse. 

 

In my case, I had a US based job while living in Mexico but I still wanted to show intent to establish a US domicile. As evidence I used a letter from my mom (we'll be staying with her for a few weeks until we find an apartment), bank statements/cell phone bill with a US address, and a quote from a mover.

[geowrian 22,337]

6 hours ago, moeandlu said:

no problem about having my parents write a letter. or hope is to move and find a new place to live and jobs once arrived - is this not possible?

Yes, it is possible. It just means you need other evidences of intent to establish domicile. Those examples of having a long term housing arrangement and/or job are just good items to include if you have them.

 

6 hours ago, moeandlu said:

is the expectation for me to move there before filing so i have a US job at time of filing? this seems extreme

Usually, no. There are some cases where that had to be done to convince the CO of US domicile, but I wouldn't say that's the norm by any means.