URGENT HELP PLEASE?!! US citizen residing in the uk petition for spouse at London office.. any advice regarding I-864?

[dreid71 0]

Yes it was 

[dreid71 0]

So that's a definite my spouse must show evidence of a court order that his parental rights is terminated for my stepson to accompany us to the states? 

[Just Paul 4,595]

4 minutes ago, dreid71 said:

evidence of a court order

Yes that is necessary.

[dreid71 0]

I just spoke to my wife to be certain if his parental rights was terminated and unfortunately it wasn't.. Is there any way around this or she must to get a court order that it's  terminated for my stepson to accompany us? 

[Boiler 45,519]

Sounds like she need to discuss this with a Family Lawyer, you do not want to impinge on the Hague Convention. Not that the US would issue a visa without the appropriate documentation.

[geowrian 22,337]

Yes, please discuss with a family law attorney to ensure she has the proper paperwork for the child to immigrate. The requirements vary by country, but generally a court order is necessary in lieu of being granted permission by the father.

Edited March 24, 2019 by geowrian

[TXfamilyUK 0]

Hi dreid,  came across this as we are in similar position. Im UK citizen, Wife is US citizen by birth  we r married 8 years, 2 kids born in UK but both US citizens and she wants to return home. Annoyingly I'm primary worker  and she is part time earns equivalent to $26k, $5k off minimum for our 4 household size. Our assets are our UKproperty tvo: $264k. So above the x5. 

She has a US bank account which we use when we are in the US on holidays so only keep minimal amounts in it for whilst we r there, mainly to keep it active.

Her parents have a property (owned outright by my inlaws) in the US which we intend to move into whilst looking for work & a house of our own. My wife is keen to get over there asap and get our kids into school for August whilst I wait out the visa , so I'm keen to follow your process. 

Looking at the I-864 It's complicated. Not sure if we will need an additional sponsor or not due to our assets in our house. 

My wife also thought she needed to go back 6+ years for tax returns,  so interested to know if 3 years back dated was enough!!

Also, does she as the sponsor have to be present at my interviews etc? Wondering as she's keen to get to US this summer when kids break up for school holidays to start job hunting....I'd like to stay in the UK whilst she does this to continue working as primary breadwinner until she finds work....and of course await a visa!!!

What stage are you at currently? When did u submit your petition 1-130?

[dreid71 0]

Hi TXfamilyUK

 

I've submitted the I-130s for my wife and stepson received notice of receipt ( stupid of me did not know at the time of submission you should submit separate I-130s, luckily I did after being informed here by one of the member thank☺️!) from what you mentioned you could use your in-laws as a co sponsor because of the property they own, that would be more than suffice. also it wouldn't hurt if your wife was here for the interview. will definitely keep you up to date on our progress!

[dreid71 0]

Hi All

 

See below  the timeline for my wife and a couple of important factors I found out regarding the i-864.

 

Jan 28, 2019: mailed i-130 along with required photocopied documents to USCIS london office.

 

Feb 4,2019: received email notice of receipt Feb 1st.

 

Feb 5,2019: applied for ACRO, received ACRO 10 days after.

 

April 21,2019: received letter petition case being sent to USCIS london NVC.

 

April 26,2019: received letter petition has been approved for IV processing along with link to complete DS-260 online.

 

April 26,2019: booked medical and visa interview appointment after DS-260 completion online.

 

April 29,2019: completed medical and paid fee.

 

May 5,2019: attend IV interview submit required documents along with i-864 form and most recent tax return transcript filed as an expat overseas (please note: tax return statements are not required ONLY your most recent transcript, to be on the safe side also bring along the previous 2 years transcripts as well. To obtain these register on IRS.gov site and download in pdf format. if your income meets the required threshold you don't need a co-sponsor to prove domicile in the states your most recent tax return transcript is enough proof and that you intend re-establish residency in the states upon your spouse IV approval.

 

May 13,2019: received Passport with visa and IV packet