DCF or not- CR1 on a tier 2 UK visa

[poofgoof 0]

Hello, 

I have searched a few topics, but haven't been able to find exactly what I am looking for. So, here it goes!  

 

My fiancee and I (US citizen) will be getting married in October this year, and have missed the window for the K1, so are planning on just filing the Cr1. I have lived in the UK with my fiancee for a year+, and am working on a Tier 2 general visa here in the UK. However, I have resigned my job, and my contract will be terminated at the end of August, thus curtailing my work visa. Our thoughts were to file our CR1 paperwork in London (as it is much quicker than through the domestic route) after our wedding, as my fiance is returning to work in the UK (I plan on staying in the US to prevent being an over stayer in the UK-also I have a job lined up in the US). From what I understand, the field office in London requires a few pieces of evidence (passport stamps/ BRP/ bills or bank statements) to prove residence in the UK, all of which I have and all of which they only require photocopies of. Thinking of my visa being curtailed within 60 days of my termination of contract, and my BRP even though it saying it wont expire until October 2019 will also expire, this would very slimly put us in the category to file with the London field office.

 

Our concern is that should the field office see that my visa ended in August through my resignation, would they refuse to process it in London even if technically at the time of filing I was still on a sort of 60 day grace period post tier-2 visa? We don't want to apply for me to get a spouse visa in the UK as it is very costly and not really helpful to us. I can travel to the UK and submit the paperwork during this 60 day post tier-2 grace period, and then return tot he US, would this work for us getting a quicker DCF and processing for a green card for my English fiancee? 

 

I have more questions about the process, but will make another thread for those. Please let me know what you think and thanks in advance!  

[Jojo92122 1,924]

You do not qualify to file by DCF.

 

You are getting married in October.  Your UK residency has already ended if you have already returned to the US.  Regardless, your UK residency will have ended before your wedding in October.  You will have no choice but to file from the US.

 

Keep everything in one thread.  Creating multiple threads makes it harder to see the complete picture of what you are doing or planning.

Edited July 1, 2018 by Jojo92122

[poofgoof 0]

@Jojo92122 Okay, so they would check everything then? I was just double checking as I know it would be shady to do, but was willing because its 3-4 months total versus 10-12 months total in the US.  I was planning on returning to the UK as just a tourist and submitting the petition, if that makes it any better/worse. 

 

Similarly, My finacee and I were planning on potentially doing a registry office wedding here before my visa expires in order to apply through DCF. We are calling around tomorrow to both the H.O. and the registry office. 

 

My other question I have somewhat answered, as I have been earning in the UK but havent been able to file taxes back in the US as my earnings were not enough to file in 2017, thus I have no tax information for last year to provide as financial evidence. But I will use my mom as a co-sponsor so that should work out fine. 

 

Thanks for the information!  

[Jojo92122 1,924]

6 minutes ago, poofgoof said:

@Jojo92122 Okay, so they would check everything then? I was just double checking as I know it would be shady to do, but was willing because its 3-4 months total versus 10-12 months total in the US.  I was planning on returning to the UK as just a tourist and submitting the petition, if that makes it any better/worse. 

 

Similarly, My finacee and I were planning on potentially doing a registry office wedding here before my visa expires in order to apply through DCF. We are calling around tomorrow to both the H.O. and the registry office. 

 

My other question I have somewhat answered, as I have been earning in the UK but havent been able to file taxes back in the US as my earnings were not enough to file in 2017, thus I have no tax information for last year to provide as financial evidence. But I will use my mom as a co-sponsor so that should work out fine. 

 

Thanks for the information!  

This is US immigration, not a game.  Play games, then pay the price.

 

You are returning to the UK as a tourist and you will file with the US Embassy claiming UK residency.  Brilliant idea.  What can go wrong?  You are so much smarter than the US Embassy.  Committing visa fraud is the way to start the immigration process for your wife.

 

Yes, they will double check.  Why the hell would you consider starting things off by lying?

 

If you made more than than $10,000, then you need to file a US tax return.  It's hard to see how you could have had a work visa and made less than $10,000 per year.  No US tax returns from you, then no visa for your wife even with a Joint Sponsor.

 

Take this seriously.  Don't lie.  Do you really want to take the risk of wasting time and money?  Do you really with to commit fraud to get your wife to the US?  Do you think that is without consequences if you are caught?  Willing to pay the price?

Edited July 1, 2018 by Jojo92122

[Crazy Cat 42,217]

10 minutes ago, poofgoof said:

I was planning on returning to the UK as just a tourist and submitting the petition, if that makes it any better/worse. 

London might be different, but normally the petitioner must legally reside (non-tourist) in the country for DCF. You should check that.

The immigration process requires a lot of planning, patience, endurance, and money.  It would be wise to thoroughly educate yourself on the entire process.

Good Luck.

[poofgoof 0]

9 minutes ago, Jojo92122 said:

This is US immigration, not a game.  Play games, then pay the price.

 

You are returning to the UK as a tourist and you will file with the US Embassy claiming UK residency.  Brilliant idea.  What can go wrong?  You are so much smarter than the US Embassy.  Committing visa fraud is the way to start the immigration process for your wife.

 

Yes, they will double check.  Why the hell would you consider starting things off by lying?

 

If you made more than than $10,000, then you need to file a US tax return.  It's hard to see how you could have had a work visa and made less than $10,000 per year.  No US tax returns from you, then no visa for your wife even with a Joint Sponsor.

 

Take this seriously.  Don't lie.  Do you really want to take the risk of wasting time and money?  Do you really with to commit fraud to get your wife to the US?  Do you think that is without consequences if you are caught?  Willing to pay the price?

Your tone is a little hostile... I was simply asking a question, and you provided me and answer. I haven't even started the process yet, just collecting information, there is no need to be rude. 

Since I did not start my job in the UK until september of 2017, there was not enough money from my wages, as before moving I was a full time student, to file a tax return for 2017. That is why I do not have nor did I file for 2017. I will claim the rest of my wages from my UK job on my 2018 taxes like a good Samaritan. 

[poofgoof 0]

4 minutes ago, missileman said:

London might be different, but normally the petitioner must legally reside (non-tourist) in the country for DCF. You should check that.

The immigration process requires a lot of planning, patience, endurance, and money.  It would be wise to thoroughly educate yourself on the entire process.

Good Luck.

Thank you! I am looking into it more, it seems as though we will be stuck at the mercy of the domestic US processing times.  

[Jojo92122 1,924]

5 minutes ago, poofgoof said:

Your tone is a little hostile... I was simply asking a question, and you provided me and answer. I haven't even started the process yet, just collecting information, there is no need to be rude. 

Since I did not start my job in the UK until september of 2017, there was not enough money from my wages, as before moving I was a full time student, to file a tax return for 2017. That is why I do not have nor did I file for 2017. I will claim the rest of my wages from my UK job on my 2018 taxes like a good Samaritan. 

Fine, no need to be rude.  All Americans should be fine with you lying to the US Government to circumvent US immigration laws.

 

Go ahead with your "shady" plan.

 

Filing your US tax returns does not make you a good Samaritan.  It's a legal obligation.  A good Samaritan is a charitable or helpful person.  Filing under a legal obligation does not make it charitable.  

Edited July 1, 2018 by Jojo92122

[poofgoof 0]

Just now, Jojo92122 said:

Filing your US tax returns does not make you a good Samaritan.  It's a legal obligation.  A good Samaritan does it out of a charitable or helpful person.  Filing under a legal obligation does not make it charitable.  

Yes, and for 2017 I was not legally obligated to file as I did not make enough money to. Hence the need for a co-sponsor.

[geowrian 22,338]

8 hours ago, poofgoof said:

Yes, and for 2017 I was not legally obligated to file as I did not make enough money to. Hence the need for a co-sponsor.

Your current employment may qualify even if your 2017 income was insufficient. Current income is king.

 

If you were not required to file for any of the past 3 years, a signed letter must be provided to describe why you were not required to file.

A joint sponsor can be used if necessary. The above item still applies even if using a joint sponsor.

 

If something feels shady to you, there's likely a good reason for it to feel that way. Never misrepresent anything with immigration...the consequences can be very severe.