DCF for non-domiciled UCS/UK spouse?

[DianaJean 0]

Hi all,

I am considering submitting the I-130 but seeking clarification and reassurance on the following points:

1) we had an i-130 approved via the London Embassy in January 2014 but delayed submission of the DS-260 until October 2015, then cancelled it completely in November 2015 due to realising we couldn't just have a green card until we were ready to move. The timing is annoying as we weren't quite ready then to move (had just bought a house and have since done the work on it making it rentable). Will this prior cancellation prejudice a new application?

2) I am not domiciled and would have to prove intention to reestablish domicile in the US. How do I do this?

3) I would have to have my father as co-sponsor, as my earnings are in the UK. Would this prejudice my application?

I posted a separate thread in the 'AOS from Visitor' section, as this seemed like a safer option, but now realise there are tricky issues with preconceived intent :-(

Any advice is most appreciated.

Diana

[A'n'L 735]

1) No

2) Proof of employment/job offer or enrollment in school. Lease agreement. Bank accounts, driver's license etc.

3) No

As long as the immigrant is not yet in the US, obtaining an immigrant visa is the inly legal path. Adjustment of status is only viable for persons already present in the US.

[DianaJean 0]

Thank you. If we were planning on staying with my parents, and not working right away, would a letter from them suffice? What about copies of letters of resignation to our current employers?

Also, would it be possible to switch status if we decided to do this during a visit to the states (we already have a visit planned this summer)?

Thank you very much.

[A'n'L 735]

Thank you. If we were planning on staying with my parents, and not working right away, would a letter from them suffice? What about copies of letters of resignation to our current employers?

Also, would it be possible to switch status if we decided to do this during a visit to the states (we already have a visit planned this summer)?

Thank you very much.

A letter from your parents will help somewhat. A letter of resignation indicates that you might plan to leave the UK, but not that you plan to relocate to the US. I'm not an expert on what the London embassy requires in terms of showing intent to re-establish domicile - but I would try to provide something more. Do you still have bank accounts and a valid US license for instance?

The latter approach you are suggesting would involve lying to a CBP officer (entering on a tourist visa/VWP with intent to immigrate), and that is fraud. Do NOT do that. With DCF-filing you will most likely have a visa by this summer anyway.

Edited December 7, 2016 by A'n'L

[DianaJean 0]

Thank you so much for all of your helpful advice! I will definitely go the consulate route then and seek clarification on what documents would assist me in proving intent to return. I have been in contact with my old University (via email and in person) to look into PhD programs, actually, and could obtain a letter from them stating I have expressed my intentions in this manner? I also travel back 5-6 times each year (every school holiday, being a teacher) and can provide evidence of these trips, voted in the last election (not that it did any good) and have a NY drivers' license which I renewed in 2014.

Perhaps this evidence will help?

Thank you,

Di

[A'n'L 735]

Thank you so much for all of your helpful advice! I will definitely go the consulate route then and seek clarification on what documents would assist me in proving intent to return. I have been in contact with my old University (via email and in person) to look into PhD programs, actually, and could obtain a letter from them stating I have expressed my intentions in this manner? I also travel back 5-6 times each year (every school holiday, being a teacher) and can provide evidence of these trips, voted in the last election (not that it did any good) and have a NY drivers' license which I renewed in 2014.

Perhaps this evidence will help?

Thank you,

Di

Yes, all of the above-mentioned will definitely help! I'm sure you'll find other users on here that have experience in showing intent to re-establish domicile at the London embassy. Or the embassy might have a list of suggested documents they can send you.

Good luck!