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Posted

Hello, 

 

We just sent our I-130 off to the Us consulate in London last week. Because it was Easter, I think it's only been about 5 working days. I'm not sure how quickly NOA1's are happening at this point. We are a very straightforward case. We have been married 8 years. We lived in the US for 7 years and moved to the UK last year. He had permanent residency in the US and surrendered it when we moved. I'm a resident here. We have decided after living both places, the US will be our permanent home. We should be okay for domicile as we still have our bank accounts, credit cards, retirement, etc there. 

 

As we are both here and I am not headed back to the US just yet, my mother will co-sponsor us for this application, she did on the first one as well. My question is: is there anyone who can tell me what the actual requirements are as far as income? I have read through the guides but am still confused. We will be living with her, we have one child, and about 70k in cash savings. My mother makes 95K for her salary. I'm assuming this is enough to cover our bases. I will also have a job when we go back but it is only maternity cover for my previous employer so will only be temporary. Can someone tell me plainly what the actual requirements are? Also, as she is there and I will need her to mail the form to me when she has signed it, does it need to be notarised? Thanks in advance. 

Posted (edited)

You can download the requirements here: https://www.uscis.gov/i-864p . Is anyone else included in your mother's household? Is your child a US citizen?

 

Assuming that no one else is included in your mother's household and your child is a USC, then her household size for the purposes of the I864 is 2 (her + your spouse). For a HH that size she'll need an income of $20,575 (unless she is in Hawaii or Alaska). Seeing as how your mother's salary is 95k you should be ok.

 

There is no need to get any of the forms notarized.

Edited by Jorge V

DCF Mexico

06/04/2017: Married

06/24/2017: Mailed I-130

06/27/2017: NOA1 (technically a RFE as we were missing beneficiary ID)

07/06/2017: NOA2

07/12/2017: Case assigned by Juarez embassy

07/17/2017: Packet 3 received

08/15/2017: Interview/Approval!

08/22/2017: Visa received via DHL

09/03/2017: POE

09/16/2017: Permanent Resident Card received

 

Total days from NOA1 to approval: 49

 

I wrote a DCF Mexico guide! http://www.visajourney.com/wiki/index.php?title=DCF_Mexico

Filed: Citizen (apr) Country: England
Timeline
Posted
15 hours ago, Ashton & Neil said:

My question is: is there anyone who can tell me what the actual requirements are as far as income? I have read through the guides but am still confused.

Somebody can also be sole sponsor based on assets. Without a salary, you would need assets equaling 3 times the poverty level for your household size. For your form, the household size is you, child, Immigrant or three. Your required threshold from the chart for household of  three is $25,975.

Your savings would have to be 3x$25,975= $77,925 to qualify on your own without the joint sponsor.

 

Your visa is IR1,  but your profile says K1.

Posted

Thanks for the responses. I was pretty sure we would be okay with the joint sponsor. 

 

14 hours ago, Jorge V said:

Is anyone else included in your mother's household? Is your child a US citizen?

My son is a dual citizen, so yes. My grandmother also lives in the house but their finances are totally separate. I'm assuming I will need to include her as well?

 

3 minutes ago, Wuozopo said:

Your visa is IR1,  but your profile says K1.

My husband set the account up when he applied for his K1 in 2009 so I will update it. 

Posted
8 minutes ago, Ashton & Neil said:

My son is a dual citizen, so yes. My grandmother also lives in the house but their finances are totally separate. I'm assuming I will need to include her as well?

 

Only if she is a dependent of your mother. Best way to know is if your mother claimed her on her taxes. If she did, she's included in the household, otherwise no.

DCF Mexico

06/04/2017: Married

06/24/2017: Mailed I-130

06/27/2017: NOA1 (technically a RFE as we were missing beneficiary ID)

07/06/2017: NOA2

07/12/2017: Case assigned by Juarez embassy

07/17/2017: Packet 3 received

08/15/2017: Interview/Approval!

08/22/2017: Visa received via DHL

09/03/2017: POE

09/16/2017: Permanent Resident Card received

 

Total days from NOA1 to approval: 49

 

I wrote a DCF Mexico guide! http://www.visajourney.com/wiki/index.php?title=DCF_Mexico

Posted

 

6 minutes ago, Jorge V said:

Only if she is a dependent of your mother. Best way to know is if your mother claimed her on her taxes. If she did, she's included in the household, otherwise no.

No she is not a dependent and cannot claim her on her taxes. Thanks for the clarification. 

Filed: Citizen (apr) Country: England
Timeline
Posted

So summary. You need two I-864 forms

 

Yours as required sponsor. Household count of 3

Your US 2017 tax return transcript (or all pages of the return)

US domicile proof or intent to domicile

 

Mom's as joint sponsor. Household count of 2

 2017 tax return transcript (or all pages of the return)

Proof of US citizenship

Optional proofs of income if you like. 

 

Posted
On 06/04/2018 at 4:38 PM, Wuozopo said:

So summary. You need two I-864 forms

 

Yours as required sponsor. Household count of 3

Your US 2017 tax return transcript (or all pages of the return)

US domicile proof or intent to domicile

 

Mom's as joint sponsor. Household count of 2

 2017 tax return transcript (or all pages of the return)

Proof of US citizenship

Optional proofs of income if you like. 

 

Excellent, thanks for the help!

Posted

We have a question re eligibility:

I am US Citizen studying in UK on Student Visa Tier 4. Would this fulfill the residency requirement for me in the UK to marry my fiance and apply for DCF? Do they require you to be married for a certain amount of time?

 

 

Filed: Citizen (apr) Country: England
Timeline
Posted
2 hours ago, Sloaners said:

We have a question re eligibility:

I am US Citizen studying in UK on Student Visa Tier 4. Would this fulfill the residency requirement for me in the UK to marry my fiance and apply for DCF? Do they require you to be married for a certain amount of time?

 

 

Yes because you have a visa allowing you to live and study in the UK. You aren't just a tourist on a month long holiday. You need six months residency there, but no specific length of marriage.

 

About 10 years ago, the DCF page for the USCIS office in London specifically said student visas didn't count. That information was dropped from the page  and some people here on Visa Journey have successfully done DCF with student visas.

Posted
2 hours ago, Sloaners said:

We have a question re eligibility:

I am US Citizen studying in UK on Student Visa Tier 4. Would this fulfill the residency requirement for me in the UK to marry my fiance and apply for DCF? Do they require you to be married for a certain amount of time?

 

 

As wuozopo said, they don't require you to be married for a certain amount of time.  We sent our petition in literally the day after we got married and he joined me in the States three months later. 

Posted
37 minutes ago, Wuozopo said:

Yes because you have a visa allowing you to live and study in the UK. You aren't just a tourist on a month long holiday. You need six months residency there, but no specific length of marriage.

 

About 10 years ago, the DCF page for the USCIS office in London specifically said student visas didn't count. That information was dropped from the page  and some people here on Visa Journey have successfully done DCF with student visas.

 

31 minutes ago, SeabreezeUF said:

As wuozopo said, they don't require you to be married for a certain amount of time.  We sent our petition in literally the day after we got married and he joined me in the States three months later. 

 

Thank you both for your quick responses. One final question - we are currently going through the K1 process, about 2 months in. Considering a far quicker processing time and better conditions when we move to America with DCF, would it be possible to cancel the K1 process and go via this route? Would it reflect badly on us to have cancelled a previous application? 

 

I realise that we could just wait out the K1 process, but if it were possible to switch, the time benefit would actually help immensely for a family related issue for us. I guess there is no law saying you can't do this, I'm just wondering whether they frown upon it and chance of rejection is higher?

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)

I don't think London (USCIS or Visa Unit) frowns on much. The process is way easier than you imagine. They aren't dreaming up scenes in their head of why you did something. There are certain requirements, payments, and documents they have to see.  ✔️✔️✔️ APPROVED!

 

Try to avoid the "I think they might think that I thought..." mentality.

In London, they are nice and want you to succeed.

Edited by Wuozopo
Posted
58 minutes ago, Sloaners said:

 

 

Thank you both for your quick responses. One final question - we are currently going through the K1 process, about 2 months in. Considering a far quicker processing time and better conditions when we move to America with DCF, would it be possible to cancel the K1 process and go via this route? Would it reflect badly on us to have cancelled a previous application? 

 

I realise that we could just wait out the K1 process, but if it were possible to switch, the time benefit would actually help immensely for a family related issue for us. I guess there is no law saying you can't do this, I'm just wondering whether they frown upon it and chance of rejection is higher?

You can cancel the K1 and switch to CR-1. I'm not 100% sure of the process but I think a search on this forum will tell you what you need to do. You won't be penalized and I highly recommend CR-1 when having the opportunity to DCF in London.  It was a super easy process for us as @Wuozopo said, they're really nice. Benefit: very quick when using them and a CR-1 offers your spouse the opportunity to hit the ground running upon arrival (ability to work straight away, etc.)

 

Just keep in mind in the UK that you'll need to give notice to the council where you plan to marry- being an international relationship, you'll have to give 90 days notice before you can get married, be interviewed by the council (they'll likely send approval quicker than that though- we got ours within a couple of weeks.) You can move up your ceremony if you want as soon as you're approved. Even if you have to wait the full 90 days, the overall amount of time will still likely be quicker and as mentioned, your spouse won't have to be in limbo in the US waiting to be able to work.

Posted (edited)

It's not letting me edit my post! The 90 days may be incorrect- and replace 'council' with 'register' as that's who you contact within the council (must be a designated register but very easy to verify everything I said on the UK gov website!).  You may only need 28 days but I would call the register and ask about the process.  That's all I did and they were quite lovely about the whole thing :)

 

Designated register offices: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/224796/DROs_GOV_UK..pdf 

 

Editing to add: feel free to start a new thread @Sloaners as you will likely have other questions and we may have hijacked the OP here! 

Edited by SeabreezeUF
 
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