Starting the CR-1 process from abroad

[Butterfly1921 0]

Hi all! Apologies for another post - I had originally posted asking about DCF, but it looks like that may not be an option for us. I'm now looking into the regular ol' lockbox route!

 

Background: I'm a US citizen, my husband is a UK citizen. We've been married 4 years, living together 3 years. We're living on an island that's considered a "crown dependency" (Isle of Man) so while he's technically a British citizen and has a British passport, apparently we don't qualify for DCF as we're not living in the "UK" as such. 

 

So, now I'm hoping I can start the regular CR-1 process while I'm still living with him in the UK. I'm planning on moving back to the US in January 2019, and if all goes well with this visa process I'm hoping he'll be able to join me a few months after.

 

I just want to make sure I understand the steps involved...

 

1. I'm going to fill out forms I-130, I-130A, and G-1145

2. Send forms to the Chicago lockbox along with following supplemental documents:

• Payment
• Cover letter
• Copy of my longform birth certificate
• Copy of marriage certificate (neither of us had been married before)
• Two passport photos of myself, labeled
• Two passport photos of husband, labeled
• Evidence of bona fide marriage (photos from wedding, maybe a letter from a relative, and possibly utility bills and bank statements with both our names)?

 

After that is sent off, I'm planning to organize my documents for the next portion, including:

 

• original birth certificate (is this for both of us?)
•  US tax returns for the last 3 years (do I also need to include my Isle of Man tax returns as I've been working over here?)
•  original marriage certificate
•  police certificates (for both of us?)
• copy of husband's passport biographic page
• completed OF-169/230 forms and I-864 affadavit of support

 

As I'm not planning to move to the US until January 2019, I'm wondering if I should ask a relative to be a joint sponsor. I do have US bank accounts and credit cards, but I'm sure that's not enough to prove intent to domicile?

 

I know you guys see a million of these posts a day, so I'm really sorry to be annoying! Any suggestions or advice would be very helpful Thank you!!

 

[Butterfly1921 0]

Also for the affidavit of support (I-864), as I've been employed abroad for the last three years, I'm assuming I put my current employment status but list my income as $0 as this income will not be continued once I move to the US? 

[NikLR 13,232]

2 minutes ago, Butterfly1921 said:

Also for the affidavit of support (I-864), as I've been employed abroad for the last three years, I'm assuming I put my current employment status but list my income as $0 as this income will not be continued once I move to the US? 

Yes. 

16 minutes ago, Butterfly1921 said:

Hi all! Apologies for another post - I had originally posted asking about DCF, but it looks like that may not be an option for us. I'm now looking into the regular ol' lockbox route!

 

Background: I'm a US citizen, my husband is a UK citizen. We've been married 4 years, living together 3 years. We're living on an island that's considered a "crown dependency" (Isle of Man) so while he's technically a British citizen and has a British passport, apparently we don't qualify for DCF as we're not living in the "UK" as such. 

 

So, now I'm hoping I can start the regular CR-1 process while I'm still living with him in the UK. I'm planning on moving back to the US in January 2019, and if all goes well with this visa process I'm hoping he'll be able to join me a few months after.

 

I just want to make sure I understand the steps involved...

 

1. I'm going to fill out forms I-130, I-130A, and G-1145

2. Send forms to the Chicago lockbox along with following supplemental documents:

• Payment
• Cover letter
• Copy of my longform birth certificate
• Copy of marriage certificate (neither of us had been married before)
• Two passport photos of myself, labeled
• Two passport photos of husband, labeled
• Evidence of bona fide marriage (photos from wedding, maybe a letter from a relative, and possibly utility bills and bank statements with both our names)?

 

After that is sent off, I'm planning to organize my documents for the next portion, including:

 

• original birth certificate (is this for both of us?)
•  US tax returns for the last 3 years (do I also need to include my Isle of Man tax returns as I've been working over here?)
•  original marriage certificate
•  police certificates (for both of us?)
• copy of husband's passport biographic page
• completed OF-169/230 forms and I-864 affadavit of support

 

As I'm not planning to move to the US until January 2019, I'm wondering if I should ask a relative to be a joint sponsor. I do have US bank accounts and credit cards, but I'm sure that's not enough to prove intent to domicile?

 

I know you guys see a million of these posts a day, so I'm really sorry to be annoying! Any suggestions or advice would be very helpful Thank you!!

 

Did London actually deny your I-130?

[Butterfly1921 0]

18 minutes ago, NikLR said:

Yes. 

Did London actually deny your I-130?

So this is what confuses me.

We live in the Isle of Man, which is a crown dependency. The Isle of Man has an immigration service, but the UK handles most matters in the first instance. When I was applying for a visa to live in the Isle of Man, it needed to go through the UK Home Office.

 

On the Isle of Man website it says:

"The Isle of Man is an internally self-governing dependency of the British Crown; Her Majesty Queen Elizabeth II is the Head of State. As a British Crown Dependency, the Isle of Man is entitled to, and uses the services of the British Embassies and other diplomatic offices around the world. One of the services provided by the British Embassies is to act as agents in terms of handling initial visa applications submitted for the Isle of Man."

 

His passport is a British passport, and the visa in my passport is for me to live in the UK, not specifically the Isle of Man (it's a common travel area, so for example people from the Isle of Man and UK can live and work in either place without issue).

 

So, I assumed that the London office could handle our visa application. I e-mailed them and they basically sent a short reply that "Per the Isle of Man government, the IoM is not part of the UK." 

 

So now I really don't understand, because even if I filed the I-130 from the US, he would still need to be interviewed which would happen in London. All Isle of Man residents use British embassies around the world and the Isle of Man immigration service doesn't seem to handle this sort of thing.

 

Its all very confusing

[NikLR 13,232]

Since your potential move time is so far ahead, you could send your I-130 to them.  At most you'd lose a few months of processing if they deny it. 

[Butterfly1921 0]

1 minute ago, NikLR said:

Since your potential move time is so far ahead, you could send your I-130 to them.  At most you'd lose a few months of processing if they deny it. 

Do you mean, as in I could try to go the DCF route with them? My only concern with that would be losing money if they do reject it.

 

As my move is planned so far ahead and DCF seems quicker, if we tried DCF now and it actually (somehow!) did get accepted, wouldn't we also need to move up our planned move?

[NikLR 13,232]

2 minutes ago, Butterfly1921 said:

Do you mean, as in I could try to go the DCF route with them? My only concern with that would be losing money if they do reject it.

 

As my move is planned so far ahead and DCF seems quicker, if we tried DCF now and it actually (somehow!) did get accepted, wouldn't we also need to move up our planned move?

If they rejected it without looking they send everything back.  If they reject it after looking you do lose the petition fee.  

And yes to the 2nd part.  

If you really dont want to move yourself for about a year (and yes the IoM is not actually part of the UK or Ireland according to my brief research... so wierd) we can help you with the rest. You only need 2 passport photos of you, not your husband since he is not residing in the USA.  Also some of your NVC stuff is not quite right but you have 6-9 months to get it straightened out.

[Butterfly1921 0]

1 minute ago, NikLR said:

If they rejected it without looking they send everything back.  If they reject it after looking you do lose the petition fee.  

And yes to the 2nd part.  

If you really dont want to move yourself for about a year (and yes the IoM is not actually part of the UK or Ireland according to my brief research... so wierd) we can help you with the rest. You only need 2 passport photos of you, not your husband since he is not residing in the USA.  Also some of your NVC stuff is not quite right but you have 6-9 months to get it straightened out.

Ah I see, thanks very much! It is very weird and makes for a lot of annoying situations 

 

Could I bug you one last time and just ask which NVC stuff isn't quite right? I know I've got ages to figure it out but I like to be prepared!  

 

Thanks again for all of your help!!

[NikLR 13,232]

The OF form thing and you only need his civil documents.  The only thing from you is the affidavit of support and docs. 

 

There is a wiki dedicated to the NVC Process.  The forms are now the ds-261 and Ds-260.  You still submit an I-864.  If your current income or assets do not meet the poverty guidelines for that year, you'll need a joint sponsor.  

Edited April 5, 2018 by NikLR

[Butterfly1921 0]

3 minutes ago, NikLR said:

The OF form thing and you only need his civil documents.  The only thing from you is the affidavit of support and docs. 

 

There is a wiki dedicated to the NVC Process.  The forms are now the ds-261 and Ds-260.  You still submit an I-864.  If your current income or assets do not meet the poverty guidelines for that year, you'll need a joint sponsor.  

Oh I see now - that's what I get for just skimming articles Thank you so much, you've been  a massive help!

[NikLR 13,232]

No worries.  London is pretty easy. Since you already live together evidence of a bonafide marriage will be easy. Not that London requires much.  Lol