Filing before or after flight?

[Duchess Tea 0]

I met my USC husband online early 2017, I visited in mid 2017 for two weeks & I decided to visit again during xmas, he asked me to stay a little longer, which I did & he proposed in the Feb 2018. We tried to file for AOS, but kept falling short of the cost to file, causing me to overstay on my ESTA.

 

After a discussion with my husband we came back to the UK in July 2018, and has stayed here since, overstaying his visa (in hopes I would be able to file only to find out it's much harder here in England)

 

We have now booked his flights to go back to the USA in January to do everything legit.

 

With all that being said, would we file for ir1 before he leaves the UK or once he lands in the USA? OR does that even matter?

 

He will be seeking employment immediately with a potential job at his cousins firm earning over 22k a year.

 

I understand we overstayed both sides of the pond and hope to rectify this by using the legal route instead of trying to stay together in one country during either process. I just want to know how to sort this all out.

 

 

[SusieQQQ 11,586]

The sooner he files the sooner you get to be together legally. I see no need to wait, he can file i130 online. 
Unfortunately with the history of having overstayed both sides it is almost certain neither of you will be able to visit the other during the process - maybe meet in a third country for vacations?

 

 

Edited September 21, 2021 by SusieQQQ

[Duchess Tea 0]

34 minutes ago, SusieQQQ said:

The sooner he files the sooner you get to be together legally. I see no need to wait, he can file i130 online. 
Unfortunately with the history of having overstayed both sides it is almost certain neither of you will be able to visit the other during the process - maybe meet in a third country for vacations?

 

 

Does he not need to provide biometrics? 

Also he has to provide employment proof/wages/paychecks wth the i130, right?

 

Sorry I'm new to this

[SusieQQQ 11,586]

11 minutes ago, Duchess Tea said:

Does he not need to provide biometrics? 

Also he has to provide employment proof/wages/paychecks wth the i130, right?

 

Sorry I'm new to this

No biometrics required 

the financial stuff comes later after the i130 is approved.

Edited September 21, 2021 by SusieQQQ

[JeanneAdil 6,514]

10 minutes ago, Duchess Tea said:

Does he not need to provide biometrics? 

Also he has to provide employment proof/wages/paychecks wth the i130, right?

 

Sorry I'm new to this

no biometrics for the USC

file from UK if there is time

he needs to have filed US tax returns for work outside the US

and poof of income and tax returns is not needed till about 8 months from petition

 

did the UK get a notice when leaving the US of any bar for overstay?

[Boiler 45,549]

Does not sound like you need a waiver, if relocating due to job offer look at DCF.

[Duchess Tea 0]

2 minutes ago, JeanneAdil said:

no biometrics for the USC

file from UK if there is time

he needs to have filed US tax returns for work outside the US

and poof of income and tax returns is not needed till about 8 months from petition

 

did the UK get a notice when leaving the US of any bar for overstay?

Oh, I was told by a lawyer my husband would be asked to complete a biometric appointment after filing i130.

Can I file whilst he is still in the UK?

He hasn't worked at all since arriving here in the UK, As we have lived off my wages from a few temporary office jobs. Therefore he hasn't filed any tax returns due to no income. - would this cause any issues?

 

I'm not aware of a bar for an overstay in the us as it was less than 160 days. (I left 112 days after my ESTA expired)

[SusieQQQ 11,586]

2 minutes ago, Duchess Tea said:

Oh, I was told by a lawyer my husband would be asked to complete a biometric appointment after filing i130.

 

That’s not correct. The bio required is for the beneficiary (you) and only done closer to or at the visa interview.

[JeanneAdil 6,514]

he will be primary sponsor and a job and income in US helps u out

he can use a joint sponsor to aid u guys

 

maybe a biometrics if he was to stay in UK

but not for US

never in this process does the USC need a biomertrics for a US visa process

[aaron2020 11,651]

5 minutes ago, Duchess Tea said:

Oh, I was told by a lawyer my husband would be asked to complete a biometric appointment after filing i130.  Incorrect.  The USC nevers does biometrics.  

Can I file whilst he is still in the UK?  He can file while still in the UK.  

He hasn't worked at all since arriving here in the UK, As we have lived off my wages from a few temporary office jobs. Therefore he hasn't filed any tax returns due to no income. - would this cause any issues?  Possibly.  He may not meet the financial requirements for the I-864.  You may need a Joint Sponsor who can meet the financial requirements of the I-864.

 

I'm not aware of a bar for an overstay in the us as it was less than 160 days. (I left 112 days after my ESTA expired)

VisaJourney has Guides that are very useful.  Read and become familiar with them.  

It will take 1-2 years for you to immigrate to the US.  

[SalishSea 17,839]

1 hour ago, Duchess Tea said:

I met my USC husband online early 2017, I visited in mid 2017 for two weeks & I decided to visit again during xmas, he asked me to stay a little longer, which I did & he proposed in the Feb 2018. We tried to file for AOS, but kept falling short of the cost to file, causing me to overstay on my ESTA.

 

After a discussion with my husband we came back to the UK in July 2018, and has stayed here since, overstaying his visa (in hopes I would be able to file only to find out it's much harder here in England)

 

We have now booked his flights to go back to the USA in January to do everything legit.

 

With all that being said, would we file for ir1 before he leaves the UK or once he lands in the USA? OR does that even matter?

 

He will be seeking employment immediately with a potential job at his cousins firm earning over 22k a year.

 

I understand we overstayed both sides of the pond and hope to rectify this by using the legal route instead of trying to stay together in one country during either process. I just want to know how to sort this all out.

 

 

That salary is borderline.  I would recommend having a joint sponsor lined up.

41 minutes ago, Duchess Tea said:

Does he not need to provide biometrics? 

Also he has to provide employment proof/wages/paychecks wth the i130, right?

 

Sorry I'm new to this

Have you read the guides?

[SalishSea 17,839]

20 minutes ago, Duchess Tea said:

Oh, I was told by a lawyer my husband would be asked to complete a biometric appointment after filing i130.

Can I file whilst he is still in the UK?

You seem confused.  You don't file anything at this point.  The USC petitioner files a petition.

[Duchess Tea 0]

7 minutes ago, Jorgedig said:

You seem confused.  You don't file anything at this point.  The USC petitioner files a petition.

I've had a read of the guides and understand it alot better now. It does state he needs 3 years of tax returns, but has been in the UK with no income since July 2018, so hasn't filed any taxes since February 2018, but we have a joint sponsor who has filed 3 years worth of taxes and earns enough to be a sponsor. Would no filing of taxes cause an issue?

[aaron2020 11,651]

7 minutes ago, Duchess Tea said:

I've had a read of the guides and understand it alot better now. It does state he needs 3 years of tax returns, but has been in the UK with no income since July 2018, so hasn't filed any taxes since February 2018, but we have a joint sponsor who has filed 3 years worth of taxes and earns enough to be a sponsor. Would no filing of taxes cause an issue?

Having a qualified Joint Sponsor will solve your husband's lack of tax returns.  

He does not need 3 years of tax returns.  The I-864 is judged based on a totality of circumstances.  Some people can qualify based on current income.  In your situation, your husband is unlikely to meet the I-864 requirements.  Having a JS should solve the I-864 problem. 

[Ontarkie 14,231]

~~Thread moved to IR1/CR1 P&P, from Bringing Family of USC - as spousal visas are discussed in the IR1/CR1 forum.~~