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Posted

Hi ,I am a U.S citizen and have been living and working in the U.K. .I Met my wife here and we have 3 children together we have been married for nearly 2 years now and I am wanting to return to the U.S and bring them with me .

My question is as far as the dcf is concerned ..would I qualify with a simple job offering back in the U.S ,or would I need a co sponsor ,when would I have to prove earnings ,can I do this without assets ect.

We have been planning on filling the i-130 all along but recently through research I have been aware of the exceptional circumstances ..and sounds like that could dramatically reduce the time we spend separated if i filled here with the London embassy .any information on this would be greatly appreciated .

Posted
2 minutes ago, Rorybeck83 said:

Hi ,I am a U.S citizen and have been living and working in the U.K. .I Met my wife here and we have 3 children together we have been married for nearly 2 years now and I am wanting to return to the U.S and bring them with me .

My question is as far as the dcf is concerned ..would I qualify with a simple job offering back in the U.S ,or would I need a co sponsor ,when would I have to prove earnings ,can I do this without assets ect.

We have been planning on filling the i-130 all along but recently through research I have been aware of the exceptional circumstances ..and sounds like that could dramatically reduce the time we spend separated if i filled here with the London embassy .any information on this would be greatly appreciated .

If you are in the UK with valid residency you do not need to use "Exceptional Circumstances"

 

You may still need a joint sponsor since you do not has US based income unless you have sufficient savings.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
43 minutes ago, Rorybeck83 said:

So we could just apply for the dcf ?

Yes, File the I-130 at the London USCIS office.

44 minutes ago, Rorybeck83 said:

is a co sponsor or assets the only option ?

No, you can also get a job in the US and move back.

45 minutes ago, Rorybeck83 said:

A job offer is are only real way at the moment without me going out and working to prove earnings .is there any other way ? 

You need neither to file the I-130. When it comes time to do the I-864 you need assets, current earning (projectred for the year) or a joint sponsor.  (a co sponsor is a different thing in immigration and does not apply for a spousal visa.

18 minutes ago, Rorybeck83 said:

How long till my wife can join ?does she still have to stay here for her medical s ect ?

If she has ESTA or a tourist VISA she can visit during the process.  She can not move until getting the spousal VISA.  Last year it took us 103 day in Mexico from filing to getting the VISA.

 

Are you current on you US tax return filings?

 

Do your kids have US passports or are you doing CRBA?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted

No I’m not current on the US tax filings 

 

one child will be crba the other 2 are my stepchildren so will be applying for I-130 along with my wife .

 

 

So i file the i-130 for my wife and two step children through the London embassy 

then I move back .so while we wait for the i-130s to be approved I would have been working and getting pay stubs to prove my income with my affidavit of support ? 

 

 

Posted
1 hour ago, Rorybeck83 said:

No I’m not current on the US tax filings 

 

one child will be crba the other 2 are my stepchildren so will be applying for I-130 along with my wife .

 

 

So i file the i-130 for my wife and two step children through the London embassy 

then I move back .so while we wait for the i-130s to be approved I would have been working and getting pay stubs to prove my income with my affidavit of support ? 

 

 

Are you  sure you can't find a joint sponsor?

 

Here is how I would do this:

 

1) Take care of the CRBA

2) File the last 3 years of tax returns (You are asked about it on the I-130s)

3) File the I-130/I-130a for your wife and the two I-130s for the step kids

4) I would wait to go back to the US until USCIS approves the petitions.   Once they are approved you can leave knowing the petitions are headed to the consulate.

 

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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