London, UK DCF questions

[dtl 0]

My wife (US citizen) and I (UK citizen) are hoping to return to the US. I've been reading information from a number of different web sites and discussion forums about the process. Most of the process seems quite clear, if complicated, but there are a few things that I'm still unsure about. I was hoping people here could help clarify a few things.

The first uncertainty I have is over who can actually use the DCF route to apply for an IR-1 visa. The state dept. web site says the following:

"American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard."

The 6 month minimum isn't a problem since my wife moved to the UK when we married and that was 18 months ago. The confusion seems to be over the definition of 'temporary status'. One place I read a report that the embassy is only accepting I-130s from those who's visa gives them indefinite leave to remain in the UK. In another place I read that having a limited leave to remain visa is acceptable. My wife's visa is for limited leave to remain and won't become indefinite leave to remain for aonther year. She does not have any property in the US, nor does she have any family there (she is Japanese/American and all her family lives in Japan) so logically her only permanent residence is here. Does anyone have personal experience of this one way or another?

Our other uncertainties are related to the I-864 Affidavit of Support.

Clearly she can't claim to have a domicile in the US. The embassy web site states that she:

"will be required to furnish evidence confirming the steps taken to re-establish your residence in the United States, e.g., a letter of employment, rental agreement, purchase of property, a letter from an estate agent in the United Kingdom showing the valuation of your property"

Since we have a baby right now and want to home school, my wife can't realistically look for a job in the US. Also as a Principal Electronics / Optics Design Engineer, its likely that my salary would be much higher than hers as a elementary age special ed. teacher, so it would make more sense for her to look for a job after I find one. Similarly, to rent or purchase property in the US would seem pointless until we know where I would be working.

We will have a valuation of our house here. My wife will be renewing her US driving license when we visit early next year. She has maintained her US bank accounts and I'll hopefully open one myself and we'll convert at least one of hers into a joint account, and we will be transferring some money from our UK bank accounts to the US ones. She will also have her tax returns up to date. She does still have a mailing address in the US (a close friend's home). We could say we would be living there initially, and probably would to give us time to look for a more permanent place to stay closer to wherever I get a job.

I was thinking of posting my resume on a number of job search sites such as Monster.com, but I think I read somewhere that it was illegal to apply for a job in the US without a green card.

Has anyone been in a similar situation? What evidence did you use to prove you were going to "re-establish your residence in the United States"? Do you know if posting my details on Monster.com etc would be seen as positive evidence of our intention to establish our residence in the US, or as a potential attempt to break the law.

The other uncertainty over the I-864 is in meeting the 125% of poverty level requirment. Clearly neither of us will have a US income except for some small interest from the US bank accounts. The notes with the I-864 say that, if we have insufficient income, we can make up the difference with 3 x the amount in assets. Our UK assets will easily exceed 3 x (125% of poverty level).

Has anyone submitted an I-864 on the basis of their assets alone? How did the embassy react to that?

Many thanks

[YuAndDan 153]

Yes those 2 things are what hang DCF filers.

The limited leave visa status is enough to file the petition in London, contact the embassy.

All the check list says is "Appropriate UK Entry Clearance Stamp"

http://london.usembassy.gov/dhs/uscis/i130filing.html

The Domicile is a big issue, as well as prior year's IRS return.

US citizens are exempt from paying tax on foreign income, but are not exempt from filing an income return, they can file late without penalty.

As for Domicile, the US Citizen can demonstrate re-establishing domicile, by moving back to USA while I-130 is being processed, and show a copy of a deed, or rental agreement from where you will live when you move to the USA, some even move into a parent's home and start getting mail sent to that address, the mail can be used to demonstrate domicile, other option is to use US driver's license if it is still valid, or get a new one while waiting for the I-130 to be approved at the Embassy. Anything to show re-establishing domicile. A bank account in the USA can be used to show domicile.

US Citizen Spouse MUST provide an I-864 to sponsor immigrating spouse, and Domicile and IRS returns are requirements of the I-864.

Edited December 6, 2007 by YuAndDan

[elmcitymaven 9,712]

Domicile tends to be less of an issue with London than with other embassies. Generally, having a US bank account open and a driver's licence will be adequate, and having a mailing address is a must. I had been in the UK for 12 years, and when we started the DCF process I had close to nothing to prove domicile -- no US bank account, no driver's licence, no job, no address except my parents' address.

For the interview, I opened a US bank account, found a letter addressed to me at my parents' address from the Social Security Administration, and wrote a letter to the Embassy for my husband to produce at his interview stating what steps I was taking to re-establish domicile. In the letter I stated that we would be living with my parents to begin with, and that I was being headhunted for two separate positions in the US (I appended the email traffic). I could have also produced proof of voter registration in CT if I had gotten off my rear to obtain it. Anyway, it was just fine. If I could do it with 12 years out of the country, she can do it with 18 months! And yes, Limited Leave is now sufficient for filing DCF.

Unfortunately, I don't know anything about seeking a position before you receive your visa. I would think that some employers might have trepidations about hiring someone who would be unable to state when and if their visa would be approved. Hopefully someone else might be able to weigh in on this.

[CherylandMike 0]

I don't think it's illegal to look for a job. It is illegal to work in the US without authorization. Also, I seem to remember reading about others from the UK using their assets for the I-864. Sounds like you have a viable plan.

Mike

[gwenneh 7]

You can use your UK assets to self-sponsor (I forget how many times the poverty level those assets must total to qualify) but domicile may prove tricky.

You'd think that spending hundreds of dollars and time and effort on a visa to move to the US would demonstrate intent to move to the US, but no...

[MargotDarko 0]

You can use your UK assets to self-sponsor (I forget how many times the poverty level those assets must total to qualify) but domicile may prove tricky.

You'd think that spending hundreds of dollars and time and effort on a visa to move to the US would demonstrate intent to move to the US, but no...

I wouldn't sweat it much when going through London. I've been in the UK for over two years. When we did DCF, all I did was show I had a US mailing address (my parents') and say on forms that I was domiciled in the US. They never asked for any proof. I went with my husband to the interview, and she did ask me if I intended to return to the US with him and make it our permanent residence, and I said "yes" - and that was that! I had a US credit card statement and bank account statement prepared in case. I also have a US driver's license. If you have those things, you'll be cool.

If you have assets that are 3 times the required income for your household, then you don't really need a joint sponsor. It's not really self-sponsoring. It's just that they consider assets in either name of the couple to be part of the household and therefore counts to put it on the main sponsor's I-1864.

[BritishGuy36 0]

Hi DTL - we are in reasonably similar situations. In fact I am surprised how many I have come across on this forum in the same position (what is it with British guys marrying USC ladies? lol).

From the info on the web and more specifically on this website, and with the assistance of one or two VERY helpful individuals on here, I feel I am confident of success with my application.

My wife of 7 years is here in the UK with me and has indefinite leave to remain. The equity in our house is more than the financial requirement (I can confirm that the "rule" is 3 times 125% of the poverty level of the state you are planning to move to - from here you can see that for the 48 contiguous states that currently works out to be $51,337.50 for a couple). If you can prove you have this much cash in assets then in theory (and in others' experience from this forum) there should be no further requirement to be satisfied as regards being able to support yourselves, or any affidavits required from others to support you.

We are planning to live with my wife's family initially when we move back and as this is the same address that she grew up at I am not anticipating any issues relating to domicile.

My wife never did pass her driving test and her license expired years ago - and she does not have a US bank account either. I think this is one area we may have to look into, to help our case.

Edited December 27, 2007 by BritishGuy36

[Wrath of Sithis 0]

That's not quite correct...

The poverty guideline for a couple (family of two) is $13,690. So %125 of the guideline is $17,113.00

Here's a copy/paste of the guidelines chart for this year:

The following are the 2007 Poverty Guidelines for the 48 Contiguous States and the District of Columbia:

Size of Family Poverty 125% of Poverty

Unit Guidelines Guidelines

1 - $10,210 - $12,763

2 - 13,690 - 17,113

3 - 17,170 - 21,463

4 - 20,650 - 25,813

5 - 24,130 - 30,163

6 - 27,610 - 34,513

7 - 31,090 - 38,863

8 - 34,570 - 43,213

-----------------

Just take the number PG (times) 0.25 = the amount you need.

Edited December 29, 2007 by Wrath of Sithis

[BritishGuy36 0]

That's not quite correct...

The poverty guideline for a couple (family of two) is $13,690. So %125 of the guideline is $17,113.00

That would be 125% of the poverty line figure for two persons for one year, yes.

In order to avoid the IR-1 requirement for an affidavit of support from relatives/friends in the US you need funds equating to 3 years worth, not 1 years worth - hence my figure of $51,337.50.

Edited December 29, 2007 by BritishGuy36

[VisaJourneyLady 33]

Of course the OP has a family size of at least 3 that we know about, but I'm sure an Optics Design Engineer can manage the maths involved.

[Wrath of Sithis 0]

That's not quite correct...

The poverty guideline for a couple (family of two) is $13,690. So %125 of the guideline is $17,113.00

That would be 125% of the poverty line figure for two persons for one year, yes.

In order to avoid the IR-1 requirement for an affidavit of support from relatives/friends in the US you need funds equating to 3 years worth, not 1 years worth - hence my figure of $51,337.50.

Well, that's not what the rule says. My wife and step-daughter's visas were approved today.

I don't make x3 the %125 line but I do make more than the %125 and I did not have to get a co-sponsor.

Here's some snipplets:

"You must show on this form that you haveenough income and/or assets to maintain the intendingimmigrant(s) and the rest of your household at 125 percent ofthe Federal Poverty Guidelines. "

"See Form I-864P, Poverty Guidelines, for moreinformation on which benefits may be covered by thisdefinition "

"To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal poverty guideline for your household size. The Federal poverty line,for purposes of this form, is updated annually and can be found on Form I-864P, Poverty Guidelines."

I just read the I-864 again and there is no mention of 3 times, triple or the like when it comes to income, that is to do with assets. You simply must make over %125 of the required amount in annual income.

You might want to read it again..

Now in regard to the OP "The notes with the I-864 say that, if we have insufficient income, we can make up the difference with 3 x the amount in assets." correct.