I-130 and sponsor confusion

[Smg1027 1]

Hi all!

 

I feel like I have read and re-read everything, gone through the guides, and even thought about just using a service such as Boundless because I am a confused and emotional mess.  I feel like i'm reading and I cannot process anything i've read and im just hoping someone can break it down to where I can finally understand what the heck we need to do.

 

I (USC) and my spouse (UKC) both reside in the UK at the moment.  We have been married for 7 years and I have been living with him in the UK for 3.5 years.  I want to go home DESPERATELY.  This is the information i've gathered so far:

 

• I know an I-130 needs to be submitted.
• I know I will need a sponsor and we have someone willing to do that for us.
• I know that it will take about a year which is really hard for me to accept since I just want to be back in the states but I am not willing to be apart from my spouse.  We spent the first years of our marriage apart and I don't wish to do that again.

That's it.  That is all my brain has absorbed and I get so overwhelmed trying to sort through everything.  The US to UK visas were so easy in comparison so I feel stuck.

 

anyway.. this is partly a plea for help and partly a rant.  Where do we start?  Is an immigration service or lawyer even necessary? Is DCF an option if we need a sponsor?  I've read that's for those that have a job offer in hand and need to get back to the states quickly?  I spoke to a representive at Boundless and they said that I will not need to submit 3 years of tax filings if we have a sponsor.  Instead, the sponsor must provide that.  How true is this?  Any help is welcome.  Even if it's just telling me to calm down 🙃 

[appleblossom 2,448]

Have you read the VJ guides? They are really good and written in 'layman's speak' so hopefully easier to understand than the USCIS website. https://www.visajourney.com/guides/ir1-spouse-visa/

 

First step is to submit the I-130. Read the instructions on the website very carefully and ask on here if you have any questions at all, somebody will always try and help.  https://www.uscis.gov/i-130

 

And this is the webpage that I found invaluable - I didn't do a I-130, I did an I-140 (employment based green card, rather than family based), but I found it so useful as it lays the whole process out step by step. Just to set your expectations, it may be nearer 18 months than a year, but luckily London is one of the quickest consulates so possibly 15 months if you act quickly once the I-130 is approved. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Good luck! I'm sure others will be along shortly to help you with the questions about the sponsor/tax return. 

Edited May 13 by appleblossom

[OldUser 6,613]

Hi, please think twice before using Boundless. Some of my friends used it and got their immigration benefit without and issue. However, AFAIK they're not certified immigration attorneys. They're a big factory for filling the forms. You may be better off filling forms yourself to avoid mistakes. You may want to look into VJ partners or immigration lawyer on official AILA website. However, you do not need a lawyer for sure, many VJ users DIY'd the process. 

 

You need to establish US domicile, but that won't be too important until the next part of process, which is getting immigration visa after I-130 approval. You can continue living together for most of the time I-130 is pending. But make sure to go to the States, get the lease, Driver License, register to vote, find job closer to I-130 decision.

 

Also, regardless of joint sponsor, you will always remain the main sponsor and will have to provide copies of tax return transcripts. Have you filed US taxes all this time living overseas?

Edited May 13 by OldUser

[Dashinka 24,483]

30 minutes ago, Smg1027 said:

Hi all!

 

I feel like I have read and re-read everything, gone through the guides, and even thought about just using a service such as Boundless because I am a confused and emotional mess.  I feel like i'm reading and I cannot process anything i've read and im just hoping someone can break it down to where I can finally understand what the heck we need to do.

 

I (USC) and my spouse (UKC) both reside in the UK at the moment.  We have been married for 7 years and I have been living with him in the UK for 3.5 years.  I want to go home DESPERATELY.  This is the information i've gathered so far:

 

• I know an I-130 needs to be submitted.
• I know I will need a sponsor and we have someone willing to do that for us.
• I know that it will take about a year which is really hard for me to accept since I just want to be back in the states but I am not willing to be apart from my spouse.  We spent the first years of our marriage apart and I don't wish to do that again.

That's it.  That is all my brain has absorbed and I get so overwhelmed trying to sort through everything.  The US to UK visas were so easy in comparison so I feel stuck.

 

anyway.. this is partly a plea for help and partly a rant.  Where do we start?  Is an immigration service or lawyer even necessary? Is DCF an option if we need a sponsor?  I've read that's for those that have a job offer in hand and need to get back to the states quickly?  I spoke to a representive at Boundless and they said that I will not need to submit 3 years of tax filings if we have a sponsor.  Instead, the sponsor must provide that.  How true is this?  Any help is welcome.  Even if it's just telling me to calm down 🙃 

DCF is only accepted under exceptional circumstances (see link).  If you have an immediate need to repatriate back to the US, DCF may be an option, but you need to explore that before filing an I130 to USCIS.  If you do believe you qualify for an exceptional circumstance DCF, here is a link of someone who recently went through DCF in London.

 

Good Luck!

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

 

[Crazy Cat 41,814]

51 minutes ago, Smg1027 said:

I spoke to a representive at Boundless and they said that I will not need to submit 3 years of tax filings if we have a sponsor. 

That is false.  As the primary sponsor, your documentation requirements are the same as your joint sponsor.

Edited May 13 by Crazy Cat

[Smg1027 1]

1 hour ago, OldUser said:

Hi, please think twice before using Boundless. Some of my friends used it and got their immigration benefit without and issue. However, AFAIK they're not certified immigration attorneys. They're a big factory for filling the forms. You may be better off filling forms yourself to avoid mistakes. You may want to look into VJ partners or immigration lawyer on official AILA website. However, you do not need a lawyer for sure, many VJ users DIY'd the process. 

 

You need to establish US domicile, but that won't be too important until the next part of process, which is getting immigration visa after I-130 approval. You can continue living together for most of the time I-130 is pending. But make sure to go to the States, get the lease, Driver License, register to vote, find job closer to I-130 decision.

 

Also, regardless of joint sponsor, you will always remain the main sponsor and will have to provide copies of tax return transcripts. Have you filed US taxes all this time living overseas?

We were discussing me moving back about 8 months into filing the I-130 just to get sorted. I've made sure to keep my US bank account open and kept my driver license up to date just in case this happened so that helps.

I've filed last year's taxes but not the year before so I'll need to catch up on that based on another response here.

 

Thank so you much for taking time to answer!

1 hour ago, Crazy Cat said:

That is false.  As the primary sponsor, your documentation requirements are the same as your joint sponsor.

Thank you for clarifying! Turns me off of using boundless just on this information alone.

[pushbrk 12,870]

1 hour ago, Crazy Cat said:

That is false.  As the primary sponsor, your documentation requirements are the same as your joint sponsor.

Not actually false.  Your statement above IS false.  Truth is that neither the petitioner or joint sponsor need to "submit" three years of tax returns.  They both need to provide INFORMATION FROM three tax returns and submit only the latest.  Further, the joint sponsor has MORE required supporting documentation than the petitioner, in that they must document their status in the USA and that they currently reside in the USA.

[OldUser 6,613]

39 minutes ago, pushbrk said:

Truth is that neither the petitioner or joint sponsor need to "submit" three years of tax returns.  They both need to provide INFORMATION FROM three tax returns and submit only the latest. 

What's the point of providing information without evidence? To receive RFE? How useful is information without backing evidence?

Edited May 13 by OldUser

[Crazy Cat 41,814]

43 minutes ago, pushbrk said:

Your statement above IS false. 

I was referring to tax documentation. I guess I should have said "As the primary sponsor, your TAX documentation requirements are the same as your joint sponsor."  That is what I was referring to..

Edited May 13 by Crazy Cat

[OldUser 6,613]

42 minutes ago, pushbrk said:

Further, the joint sponsor has MORE required supporting documentation than the petitioner, in that they must document their status in the USA and that they currently reside in the USA.

I was under impression the primary sponsor also need to provide proof of domicile for immigrant visa to be  approved?

Edited May 13 by OldUser

[pushbrk 12,870]

4 hours ago, Crazy Cat said:

I was referring to tax documentation. I guess I should have said "As the primary sponsor, your TAX documentation requirements are the same as your joint sponsor."  That is what I was referring to..

And that is correct, unless the petitioner was not required to file the tax returns due to income below filing threshold etc.

[pushbrk 12,870]

4 hours ago, OldUser said:

I was under impression the primary sponsor also need to provide proof of domicile for immigrant visa to be  approved?

A joint sponsor needs more than to provide evidence of intention to re-establish domicile.  They must show they ARE domiciled.  The petitioner has already provided evidence of citizenship, but the joint sponsor does that with the affidavit.  

 

Details matter.

[TBoneTX 45,260]

10 hours ago, OldUser said:

look into VJ partners

This is the one that you absolutely should contact:

https://www.visajourney.com/partners/platinum-immigration-services/

 

No mistakes ever, responsive, knowledgeable beyond any other service.

[D-R-J 192]

DCF is going to be the fastest by far. Most people’s exceptional circumstance is a job offer with little notice until start date.

 

Im not sure how fast London processes these, but my wife had a visa in hand in about 5 months.

 

You will need to get your taxes sorted and most likely get a joint sponsor set.

 

Then you will need some evidence of re-establishing domicile in the US. Having a valid driver’s license and active US bank account are a good start. A lease would be great. You can look through London cases to see how strict they are with this step.

[KMG 125]

20 hours ago, Smg1027 said:

Hi all!

 

I feel like I have read and re-read everything, gone through the guides, and even thought about just using a service such as Boundless because I am a confused and emotional mess.  I feel like i'm reading and I cannot process anything i've read and im just hoping someone can break it down to where I can finally understand what the heck we need to do.

 

I (USC) and my spouse (UKC) both reside in the UK at the moment.  We have been married for 7 years and I have been living with him in the UK for 3.5 years.  I want to go home DESPERATELY.  This is the information i've gathered so far:

 

• I know an I-130 needs to be submitted.
• I know I will need a sponsor and we have someone willing to do that for us.
• I know that it will take about a year which is really hard for me to accept since I just want to be back in the states but I am not willing to be apart from my spouse.  We spent the first years of our marriage apart and I don't wish to do that again.

That's it.  That is all my brain has absorbed and I get so overwhelmed trying to sort through everything.  The US to UK visas were so easy in comparison so I feel stuck.

 

anyway.. this is partly a plea for help and partly a rant.  Where do we start?  Is an immigration service or lawyer even necessary? Is DCF an option if we need a sponsor?  I've read that's for those that have a job offer in hand and need to get back to the states quickly?  I spoke to a representive at Boundless and they said that I will not need to submit 3 years of tax filings if we have a sponsor.  Instead, the sponsor must provide that.  How true is this?  Any help is welcome.  Even if it's just telling me to calm down 🙃 

Just start with an I-130. Sponsorship comes later in the process.  I did my I -130 myself.  I am desperate to get back to the States myself.  My husband is looking forward to better things too. Let me know if you have other questions.