Visa options when you already live together?

[Butterfly1921 0]

Hello!

 

Apologies for what's probably a stupid question, I've started doing a little research on the visa process and am just a bit confused

 

Long story short: I'm a US citizen, my husband is a UK citizen. We married in the US a few years ago, and I obtained a visa to enter the UK as a spouse. I have been living and working in the UK for three years.

 

Now we're looking at moving back to the States, and I'm wondering what our options are. Of course in an ideal world, we'd spend as little time apart as possible (but I know that's what everyone wants!)

 

I understand that I can move back to the US, petition for him to come over (I-130?), and it would take about a year. I've also heard about the direct consular filing option, but I'm not sure if we would be eligible or if that's only for exceptional circumstances. Then I've also heard you can potentially file the I-130 with your overseas consulate and start the horrible year-long waiting game while I'm still living in the UK? I may be wrong there!

 

Any information or a point in the right direction would be very helpful! Thank you so much in advance!

Edited April 3, 2018 by Butterfly1921

[geowrian 22,337]

You can do DCF fine. There just needs to be a USCIS office at the embassy to avoid the exceptional circumstances requirement (as well as living with your spouse in the country, obviously). UK has one: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

ETA: A few months?

 

You will need to either establish US domicile before he is issued the visa, or show sufficient intent to establish US domicile.

Edited April 3, 2018 by geowrian

[Butterfly1921 0]

4 minutes ago, geowrian said:

You can do DCF fine. There just needs to be a USCIS office at the embassy to avoid the exceptional circumstances requirement (as well as living with your spouse in the country, obviously). UK has one: https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

ETA: A few months?

 

You will need to either establish US domicile before he is issued the visa, or show sufficient intent to establish US domicile.

 

Hi, thanks so much for the quick reply!

 

I suppose I should add, we live in a part of the UK that is technically a 'crown dependency' (think Jersey/Guernsey/Isle of Man) so I need to double check whether the USCIS office in the UK would actually have anything to do with us! There certainly isn't a USCIS office on our tiny island

 

If that isn't the case, is it still possible to go the I-130 lockbox route, potentially waiting for a year but at least starting that while I'm still in the UK? Or do I need to move back to the USA before I can even begin the application?

[geowrian 22,337]

4 minutes ago, Butterfly1921 said:

Hi, thanks so much for the quick reply!

 

I suppose I should add, we live in a part of the UK that is technically a 'crown dependency' (think Jersey/Guernsey/Isle of Man) so I need to double check whether the USCIS office in the UK would actually have anything to do with us! There certainly isn't a USCIS office on our tiny island

 

If that isn't the case, is it still possible to go the I-130 lockbox route, potentially waiting for a year but at least starting that while I'm still in the UK? Or do I need to move back to the USA before I can even begin the application?

The eligibility would be based upon the embassy/consulate you are utilizing. I'm not aware of the administrative and political boundaries in the UK, sorry, but I would presume you interview at London still. One of our experienced UK members can probably confirm that (as I know I cannot!).

 

Yes, you can file the I-130 in the US while living abroad just fine. You just need to show US domicile / intent to establish US domicile before the visa will be issued.

 

Another concern (DCF or otherwise) is showing that you can support your spouse via the I-864. You can use assets, or income from a source that will continue once you return to the US (usually a US-based job). This isn't at the time of filing, though.

[Butterfly1921 0]

4 minutes ago, geowrian said:

The eligibility would be based upon the embassy/consulate you are utilizing. I'm not aware of the administrative and political boundaries in the UK, sorry, but I would presume you interview at London still. One of our experienced UK members can probably confirm that (as I know I cannot!).

 

Yes, you can file the I-130 in the US while living abroad just fine. You just need to show US domicile / intent to establish US domicile before the visa will be issued.

 

Another concern (DCF or otherwise) is showing that you can support your spouse via the I-864. You can use assets, or income from a source that will continue once you return to the US (usually a US-based job). This isn't at the time of filing, though.

Ah got it, thanks very much!

 

I apologize again for the annoying questions, but just so I'm clear...

 

1.) I have to prove intent to establish domicile in the US at the time of filing the I-130 from abroad? So if say I don't intend to move back to the US for another 6 months after filing, do you think that would be an issue? I currently have family that can write letters, US bank accounts/credit cards and a driver's license but that's about it. My plan was to live with a family member when I returned and then look for an apartment to rent, but obviously I wouldn't have the lease as proof at the time of filing the I-130

 

2.) When does the I-864 need to be filed? 

 

Thank you again! I promise this is the last time I bother you  

 

[geowrian 22,337]

30 minutes ago, Butterfly1921 said:

1.) I have to prove intent to establish domicile in the US at the time of filing the I-130 from abroad? So if say I don't intend to move back to the US for another 6 months after filing, do you think that would be an issue? I currently have family that can write letters, US bank accounts/credit cards and a driver's license but that's about it. My plan was to live with a family member when I returned and then look for an apartment to rent, but obviously I wouldn't have the lease as proof at the time of filing the I-130

 

2.) When does the I-864 need to be filed? 

 

Thank you again! I promise this is the last time I bother you

1. This is required before they will issue the visa. If you cannot do so by the time of the visa interview, he will be issued a 221(g) refusal until you can do so. it does not need to be at the time of filing (and I would assume can't be for DCF...which requires living abroad ).
   1. I suggest looking at the "Domicile" section in the NVC wiki, and searching threads on how to show domicile. There's lots of ways to show this, and no single piece of evidence will do so. Note that domicile is not the same as having a place to sleep, although having a place to sleep would generally be expected.
      http://www.visajourney.com/wiki/index.php/NVC_Process
   2. The I-864 is necessary after the I-130 is approved. This would be presented at the interview. This is reviewed for a final determination by the CO.

it's no bother! That's what the site is for. I do suggest reading through the guides here, reading the instructions for each form (starting with the I-130 + I-130A), etc. This will help guide your questions from more generic topics to specific issues.

Edited April 3, 2018 by geowrian

[KyK 2]

You can file abroad. 

 

For establishing US domicile you write a letter explaining what you plan to do when you move back, show evidence of credit cards/bank accounts with US address, proof that you are registered to vote etc. Basically send in anything that had your name and US address on it. 

 

The I-864 is sent to National Visa Center once I-130 is approved. There is a wiki document somewhere on this forum that is super helpful. Typically people living abroad will have a co-sponsor because unless you have a lot of assets it is difficult to demonstrate a continuation of current income, but every person is different. 

 

I would definitely encourage you to read through the process on the wiki documents

 

http://www.visajourney.com/wiki/index.php?title=IR1_and_CR1_Immigrant_Visas

http://www.visajourney.com/wiki/index.php?title=NVC_Process

[geowrian 22,337]

7 minutes ago, KyK said:

The I-864 is sent to National Visa Center once I-130 is approved. There is a wiki document somewhere on this forum that is super helpful. Typically people living abroad will have a co-sponsor because unless you have a lot of assets it is difficult to demonstrate a continuation of current income, but every person is different.

Is that still the case with DCF, though? I believe DCF bypasses NVC.

[Butterfly1921 0]

11 minutes ago, KyK said:

You can file abroad. 

 

For establishing US domicile you write a letter explaining what you plan to do when you move back, show evidence of credit cards/bank accounts with US address, proof that you are registered to vote etc. Basically send in anything that had your name and US address on it. 

 

The I-864 is sent to National Visa Center once I-130 is approved. There is a wiki document somewhere on this forum that is super helpful. Typically people living abroad will have a co-sponsor because unless you have a lot of assets it is difficult to demonstrate a continuation of current income, but every person is different. 

 

I would definitely encourage you to read through the process on the wiki documents

 

http://www.visajourney.com/wiki/index.php?title=IR1_and_CR1_Immigrant_Visas

http://www.visajourney.com/wiki/index.php?title=NVC_Process

Thank you for the reply! I've just quickly skimmed the wiki guide for London DCF and realized that there's nothing stopping me from moving back to the US after the petition has been approved (hopefully!) and looking for a place to live, which I suppose would then be proof of intent to domicile? Or at least partially support it haha.

 

 

[geowrian 22,337]

1 minute ago, Butterfly1921 said:

Thank you for the reply! I've just quickly skimmed the wiki guide for London DCF and realized that there's nothing stopping me from moving back to the US after the petition has been approved (hopefully!) and looking for a place to live, which I suppose would then be proof of intent to domicile? Or at least partially support it haha.

Yup, you can do that. And it does make showing US domicile much simpler, plus you can potentially get a US job to cover the I-864.

[Butterfly1921 0]

Good to know! Thank you both so much =)

[KyK 2]

14 minutes ago, geowrian said:

Is that still the case with DCF, though? I believe DCF bypasses NVC.

 

Good point! I'm not sure.  I was speaking off of personal experience. I would assume they would still have to submit AOS to consulate though. 

[Jorge V 195]

13 minutes ago, Butterfly1921 said:

Thank you for the reply! I've just quickly skimmed the wiki guide for London DCF and realized that there's nothing stopping me from moving back to the US after the petition has been approved (hopefully!) and looking for a place to live, which I suppose would then be proof of intent to domicile? Or at least partially support it haha.

 

 

The London DCF is a great resource for a general outline, but it is outdated. It references forms that are no longer in service among other things. Your best bet is to get in contact with the embassy in London. They will give you a checklist of everything you need to do. The DCF forum on here is also active and we get our fair share of UK DCF filers, so you may have some luck.

 

As far as establishing domicile, you can move to the US before your husband or you can move at the same time as he does. If you move at the same time then you need to prove intent to re-establish domicile. This is actually simple to do, just gather proof such as job offers, a newly signed lease, bank accounts, moving company quotes, airfare, etc.

 

I highly recommend the DCF route as it is so much shorter and easier. I believe DCF in London takes about 3 months and it surely beats the 12-14 months that the CR1 process normally takes.

[Jorge V 195]

6 minutes ago, KyK said:

 

Good point! I'm not sure.  I was speaking off of personal experience. I would assume they would still have to submit AOS to consulate though. 

For DCF you submit the I-864 at your interview.

[geowrian 22,337]

6 minutes ago, KyK said:

Good point! I'm not sure.  I was speaking off of personal experience. I would assume they would still have to submit AOS to consulate though. 

Yup...unless something has changed, it would bypass NVC. The AoS package is submitted to the embassy/consulate directly.