DCF timescale related questions

[kakkaroto 1]

Hi all,

My wife (USC) and I (UKC) have decided to go for it and make the move but I have some queries with regards to time scales and would greatly appreciate if someone could shed some light.

My wife will soon be travelling to the US for 2.5 months to visit her family, I would ideally like to get the application process rolling before her departure.

My queries are as follows.

1) Once I have received my LND number how long do I have to schedule the medical (is there a time limit)?

2) Once the visa is obtained how long do I have to fly into the US?

3) Once the visa is received can I fly into the US get the ball rolling on getting my green card and return to the UK (returning once I have all the paperwork to legally work)?

3) What paperwork do I need in order to legally work in the US and how do I go about getting it?

Note: I realise my queries may sound a little peculiar, unfortunately my timeframe for moving to the US isn't 100% certain due to some family commitments. I on the other hand would like for it to be ASAP.

Thanks

[Nich-Nick 3,353]

My queries are as follows.

1) Once I have received my LND number how long do I have to schedule the medical (is there a time limit)?

Your petition could be approved in 4 weeks time. Then if you don't want to schedule your medical, you can wait several months. Your petition will expire after four months, but it can be extended easily. I think you should at least apply for the visa (DS-260) before your petition expires, even if you want to further stall the medical.

2) Once the visa is obtained how long do I have to fly into the US?

Until the visa expires, which will be six months from the date of your medical exam.

3) Once the visa is received can I fly into the US get the ball rolling on getting my green card and return to the UK (returning once I have all the paperwork to legally work)?

3) What paperwork do I need in order to legally work in the US and how do I go about getting it?

Your spouse visa makes you a permanent resident (greencard holder) the day you enter the US. You could start work that day. When you enter, your passport will be given an I-551 stamp that shows you are a permanent resident. It is as good as having a greencard in your wallet. The actual card should arrive in the mail within a 3-4 weeks, but people have been known to have to chase them down or wait longer. But the stamp in your passport allows you to work, get a social security card, US driver license, and leave the US and return.

Edited March 16, 2015 by Nich-Nick

[kakkaroto 1]

Thanks.

I take it I would need an SSN before I am able get a job. If so can I apply for one straight away or do I need to wait a few days or for my green card to arrive first?

[Nich-Nick 3,353]

You will have all the credentials needed to get a SSN when you enter.

Stamp in your passport = Greencard

There is an option on the visa application to have your Social Security card processed and sent automatically to your US address after your arrival. That doesn't always work out in speedy fashion and people end up going to an office anyway. You might want to forego that option and just plan on going to the Social Security office. The card comes quickly (a week?) after you go apply in person as long as they find your name and entry in the database. That is all automated (from scanning your passport) now so the former "wait 2 weeks" advice doesn't apply anymore in theory. You never know how things will go, but you should be able to go down to a Social Security Office the week you arrive and get the card sent shortly without a hitch. Some go back the following day and are told their number if you want it before the card is printed and mailed. It takes a day to generate it and they can't tell you over the phone...thus another trip is necessary. Ask before they submit the application if you want to do that. You might be influenced by how long you wait to be served and decide you don't want to go back for Round 2.

There is a forum about SSNs you can start reading and see the problems people have. People that have difficulty tend to post whereas the successful ones don't, so don't feel like everybody has difficulty.

[kakkaroto 1]

Great, I'll look it up. Thanks.

[kakkaroto 1]

One more thing my wife hasn't worked from January 2013. Looking at the guides, I'm seeing a requirement for my wife filing tax returns but at the same time I see that since she has had no income she doesn't need to file. Which is it?

If/When I get to the interview stage do I not need her tax returns??

[Nich-Nick 3,353]

One more thing my wife hasn't worked from January 2013. Looking at the guides, I'm seeing a requirement for my wife filing tax returns but at the same time I see that since she has had no income she doesn't need to file. Which is it?

If/When I get to the interview stage do I not need her tax returns??

When you interview, you will take an Affidavit of Support form I-864 filled out by your wife, even though she makes zero Income. It it required. If you read the instructions, there is a section on tax returns. It says if she was required to file a tax return, she must include the most recent or a signed statement why she was not required to file. Her statement will say-- I was not required to file a tax return in 2013 or 2014 because I was unemployed and my income was $0.00. She will place that behind the I-864 where a tax return would be placed if she had filed. So the factual answer to you question is found in the I-864 instructions.

The I-864 asks for her total Income off her three most recent tax returns. If she had income in 2012, she might need to file depending on how much she earned, married, single, etc. You will need a joint sponsor in the US who makes enough money to also fill out an I-864 on your behalf since you wife has no income.

Here's a London DCF guide that will help you with the process. http://www.visajourney.com/wiki/index.php/DCF_London

[kakkaroto 1]

Thanks.