Which address would you use to file & could he stay here?

[BentleyBoo 0]

Hi there,

 

my husband is a US citizen, myself a U.K. citizen. 
we met many many years ago, when I was on a tourist visa to the us, on a return trip he proposed & we married whilst under the vwp. 
 

we chose to fly back to the U.K. so my husband could meet the family etc. & have stayed since. 
unfortunately his visa is due to expire in October/November. 

we want to file for me to return to the US with our dogs, however we want to know would he have to return to the US during any or all of the processing time/steps? 
 

also if he doesn’t have to return home without me, would we use the address here in the U.K. or the address in the states as our most recent/current address as his visa will of expired by the time we reach nvc stage (if we are darn tootin’ unlucky)  
 

we are somewhat stuck in regards to that. 
 

thank you all that help!

[Lucky2Lucky 2,526]

Your husband would need to establish domicile in the US. I presume he doesn’t have a job? Does he still have a residence in the US? Filed 2019 taxes?

[Duke & Marie 1,389]

He can file i130 now, but will need to re-establish or prove intent to re-establish domicile in US when you get to NVC.. 

 

you need to use his place of residance as address, so that will depend on his legal status in UK, if he’s just there on esta or as tourist use USA.. if work visa use UK.. it can easily be changed online at a later date

Edited May 26, 2020 by Duke & Marie

[BentleyBoo 0]

2 minutes ago, Luckycuds said:

Your husband would need to establish domicile in the US. I presume he doesn’t have a job? Does he still have a residence in the US? Filed 2019 taxes?

he has continued to file his taxes so hasn't missed beat in that respect. 
we can obtain a written lease from either his mother or best friend, and a job offer from his cousin who owns his own business. would this be enough for him to stay in the uk past nvc stage?

2 minutes ago, Duke & Marie said:

He can file i130 now, but will need to re-establish or prove intent to re-establish domicile in US when you get to NVC.. 

he has continued to file his taxes so hasn't missed beat in that respect. 
we can obtain a written lease from either his mother or best friend, and a job offer from his cousin who owns his own business. would this be enough for him to stay in the uk past nvc stage?

[Duke & Marie 1,389]

1 minute ago, BentleyBoo said:

he has continued to file his taxes so hasn't missed beat in that respect. 
we can obtain a written lease from either his mother or best friend, and a job offer from his cousin who owns his own business. would this be enough for him to stay in the uk past nvc stage?

he has continued to file his taxes so hasn't missed beat in that respect. 
we can obtain a written lease from either his mother or best friend, and a job offer from his cousin who owns his own business. would this be enough for him to stay in the uk past nvc stage?

Should be fine 

[Duke & Marie 1,389]

2 minutes ago, BentleyBoo said:

 would this be enough for him to stay in the uk past nvc stage?

If his uk visa expires in nov, there’s a pretty good chance it will have expired before you get to NVC.. usually takes around a year... but could always get lucky.. 

 

is london still accepting DCF? Might be worth checking, DCF used to be a lot faster processing 

[BentleyBoo 0]

2 minutes ago, Duke & Marie said:

Should be fine 

as his visa will of expired by the time we get to nvc stage, will any of the process from nvc affect him here, as in will the uk government be notified that he hasn't left yet, or anything like that?

 

[BentleyBoo 0]

3 minutes ago, Duke & Marie said:

If his uk visa expires in nov, there’s a pretty good chance it will have expired before you get to NVC.. usually takes around a year... but could always get lucky.. 

 

is london still accepting DCF? Might be worth checking, DCF used to be a lot faster processing 

London are not unfortunately.  

[Duke & Marie 1,389]

7 minutes ago, BentleyBoo said:

as his visa will of expired by the time we get to nvc stage, will any of the process from nvc affect him here, as in will the uk government be notified that he hasn't left yet, or anything like that?

 

Not that I’m aware of, but remember, all CBC systems are accessible by the government and they can check anytime they feel like it and they’ll definately know when he leaves and enters the the country

Edited May 26, 2020 by Duke & Marie

[Wuozopo 4,293]

4 hours ago, BentleyBoo said:

we want to file for me to return to the US with our dogs, however we want to know would he have to return to the US during any or all of the processing time/steps? 

No he does not have to return to the US for any part of your US visa process. He will have to at least enter the US with you, meaning you can’t go ahead of him when you get your visa. He has to already be there or on the plane with you. 
 

The fact that his UK visa runs out is a separate issue between him and the UK government. That is a decision he would have to make based on how comfortable he is violating the terms of his UK visa. The two countries do not tattle to each other. They can’t log into each other’s systems and see what random people are doing. 
 

4 hours ago, BentleyBoo said:

also if he doesn’t have to return home without me, would we use the address here in the U.K.

Yes, use the UK address where he is living at the time he files the petition. 

Edited May 26, 2020 by Wuozopo

[Quarknase 1,072]

Filing taxes is not the point for domicile in the US, that’s a simple responsibility for USC within the country and abroad. If he doesn’t have US based income at the time you reach NVC, you might need a joint sponsor which is a contract with the government and goes beyond writing a letter.

[HRQX 4,145]

19 hours ago, Duke & Marie said:

is london still accepting DCF?

Not since April 1, 2020: https://www.uscis.gov/about-us/find-a-uscis-office/international-offices/united-kingdom-uscis-london-field-office DCF is only available for exceptional circumstances: https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3