DCF in London - how long will it exist?

[amanda&mullins 0]

Hello,

My boyfriend and I are currently considering marriage visa options. I am a US citizen and he is a UK citizen. We eventually would like to live permanently in the US, but we're considering spending some time in UK first. Our options are:

1) Fiance visa (K1) - He will come to the US to get married then apply for adjustment of status.

2) CR1/IR1 - We will get married in the UK through their fiance visa process, live there for a few years, then apply for is US green card through CR1/IR1. 

 

My question is, if we choose to first live in the UK through option 2, what will happen if the DCF process is no longer available? I have read USCIS international offices will be closing in 2020. Will the CR1/IR1 visa still be available if I (the US citizen) am living in the UK?

[Just Paul 4,595]

15 minutes ago, amanda&mullins said:

My question is, if we choose to first live in the UK through option 2, what will happen if the DCF process is no longer available?

You process stateside via the lockbox.

[Just Paul 4,595]

16 minutes ago, amanda&mullins said:

I have read USCIS international offices will be closing in 2020. Will the CR1/IR1 visa still be available if I (the US citizen) am living in the UK?

Not after the UK office closes for DCF.  You would file the petition like anyone living in the US would.

[amanda&mullins 0]

1 minute ago, Paul & Mary said:

Not after the UK office closes for DCF.  You would file the petition like anyone living in the US would.

So does this mean I will not be able to live in the UK while petitioning for my spouse's CR1/IR1? I would have to live separately from him in the US?

[Just Paul 4,595]

Just now, amanda&mullins said:

So does this mean I will not be able to live in the UK while petitioning for my spouse's CR1/IR1? I would have to live separately from him in the US?

You can live anywhere you want while it is processing.   You will need to either re-establish domicile or show your intention thereof prior to the interview.

[amanda&mullins 0]

13 minutes ago, Paul & Mary said:

You can live anywhere you want while it is processing.   You will need to either re-establish domicile or show your intention thereof prior to the interview.

I see. Thank you! Do you know what exactly showing intention entails?

[geowrian 22,337]

5 minutes ago, amanda&mullins said:

I see. Thank you! Do you know what exactly showing intention entails?

Finding (or looking for) a job, finding a place to live, getting moving costs, getting/renewing a driver's license, filing taxes as a resident, looking for (or enrolling in) child daycare or school, etc. Basically, anything that shows you either moved back to the US already or intend to move back to the US.

[Just Paul 4,595]

6 minutes ago, amanda&mullins said:

I see. Thank you! Do you know what exactly showing intention entails?

While I/we were living in Mexico,  I kept my condo, dues, utilities, insurance, driver's license and voting up to date.   I had no issues come interview time and we did DCF.

[amanda&mullins 0]

11 minutes ago, geowrian said:

Finding (or looking for) a job, finding a place to live, getting moving costs, getting/renewing a driver's license, filing taxes as a resident, looking for (or enrolling in) child daycare or school, etc. Basically, anything that shows you either moved back to the US already or intend to move back to the US.

Thank you! That doesn't sound too complicated. 

11 minutes ago, Paul & Mary said:

While I/we were living in Mexico,  I kept my condo, dues, utilities, insurance, driver's license and voting up to date.   I had no issues come interview time and we did DCF.

Thank you!

[carmel34 3,625]

You'll also need to show sufficient US-based income to be the sponsor, or have a joint sponsor lined up who satisfies the requirements. This applies regardless of the visa you choose.  US income tax returns will also be required so hopefully you've been filing those while living in the UK. Good luck!

Edited September 30, 2019 by carmel34

[amanda&mullins 0]

On 9/30/2019 at 8:57 AM, carmel34 said:

You'll also need to show sufficient US-based income to be the sponsor, or have a joint sponsor lined up who satisfies the requirements. This applies regardless of the visa you choose.  US income tax returns will also be required so hopefully you've been filing those while living in the UK. Good luck!

If I have a joint sponsor will I still need to file US income tax returns? How does that work if I will be earning money in the UK while I live there?

[Boiler 45,482]

US Citizens need to file taxes wherever they live. Does not mean you will have any extra tax to pay but that is a horribly complicated and individual situation.

[geowrian 22,337]

7 minutes ago, amanda&mullins said:

If I have a joint sponsor will I still need to file US income tax returns? How does that work if I will be earning money in the UK while I live there?

Yes. As the petitioner you must submit an I-864. To qualify as an I-864 sponsor, you must have filed for at least the past 3 years (unless not required to file a return, which is the same rules as if you lived in the US).

That income only counts for I-864 purposes if it will continue from the same source upon return to the US.

US taxes are based on worldwide income. The FEIE likely would not apply to exclude it. The FTC may or may not apply to reduce liability (to avoid double taxation). UK would likely want their cut of the income via taxes.

[Robyn-n-Kris 72]

I have been doing research on this. One thing I have had confirmed by the USCIS office in London this week is the below:

The last date we will be accepting I-130 is April 1, 2020 and once received, we will complete the processing here as we do not plan to close until the end of summer 2020

 

I also confirmed that once the I-130, once approved, is valid for 2years.

 

Sadly we aren't going to be in a position to file with the London office before they shut down, but knowing the I130 approval is good for a couple years helps with timing.