A few questions on DCF process

[geordieandatexan 0]

Hi all,

We have been lurking around a while now on VJ.com, and its come to that time when we need the Forum members help. Having tried a few visa/immigration lawyers we are getting very confused....

I'm a native UK guy, and my lovely wife to be is from Texas. She has been living here on a post study visa since May 2011, which runs out mid May this year. We have set a date, a venue and are in full swing to get married on March the 10th. Our intention is to file our DCF I-130 as soon as we are married, and begin the process from there. We have a couple of questions i'm hoping some of you good people could help us with:

Her Visa runs out in May, will this cause a problem with our application? We'll go on a mini holiday and return to give her another 3 months here if needed whilst we wait for my visa.

We plan to honeymoon in Hawaii, will we still be able to visit the US although i have a visa application pending?

We are still unsure of how long it will take from I-130 to approval to visa issue. Both of us have employment planned until end of May. There seem to be various opinions on the DCF process through London. What are peoples experiences, and do we really need a laywer?

And finally, for an affadavit of support from her, will a job offer from her fathers company and personal funds to support both of us be considered enough? at least until I am allowed work in the US.

Hopefully there are some like minded individuals who have been through, or are going through this right now too. Its a pretty crazy experience so far!!

Thanks for any help!

[GeorgiaPeach 2]

Will she have resided in the UK for at least 6 months before you apply in mid-March? This is a requirement of applying through DCF.

1. Her leaving in May shouldn't present a problem. Only that it may be a pain if you guys need to send things back & forth overseas. Be smart & research the whole process thoroughly & try to organize things before she leaves.

2. Visiting the US while your application is pending shouldn't be a problem. A wise idea might be to carry proof of the purchase of your return flight to the UK just to be safe! Even a letter from your employer stating they are expecting you back on a certain date. Can't hurt to carry these things!

3. Not sure about advice for a lawyer, but we're doing this on our own & I've read a lot on this forum of lawyers leading people astray. If your case is straightforward, it may not be worth getting a lawyer. There's a lot of info out there & help within this forum.

4. A job offer will not suffice. That can help her to prove domicile, but it will not satisfy the financial requirement. Not sure what personal funds you all have saved up, but there's a guide as to how much will suffice. This is all accessible online. Financially, you need to show that at the time of application, your fiance/wife CURRENTLY makes a certain amount & can provide evidence that it is consistent & will continue into the future. If you do not have enough savings, or if your soon to be wife doesn't earn enough at the time of application, you'll need a joint sponsor.

[geordieandatexan 0]

Hi,

Thanks for your reply GeorgiaPeach and Daniel99

She has been living at working int the UK for nearly 2 years now, so the 6 months requirement - that wouldnt be a problem. its just that her Post study work visa runs out in May. As the process will run over that time ( from I-130 applicatiuon in March) we are concerned we would not be able to go DCF.

Once her visa runs out in May, we will leave the UK on a short break, and both return. Me to continue working, whilst waiting for my visa, and her to hang out for 3 months as a visitor here to sort the house etc out. Neither of us plan on being apart, she will not work during these 3 months.

We are very lucky that she left the US to come here in 2010, after working for her father, and can return anytimne to continue that. As far as tax returns go, as she has been paying UK tax and living here, so tax returns are not something she has in the US from last year. Savings/investmenst etc that she has in the US would easily meet requirements if the poverty line is only $18,000ish?

Daniel99, im not sure why you say a job offer is dodgy? surely that is a good thing? Obviously this can be proved with company offer letters etc, and acceptance, or even signed employment contract.

Again thanks for all your help.

Will she have resided in the UK for at least 6 months before you apply in mid-March? This is a requirement of applying through DCF.

1. Her leaving in May shouldn't present a problem. Only that it may be a pain if you guys need to send things back & forth overseas. Be smart & research the whole process thoroughly & try to organize things before she leaves.

2. Visiting the US while your application is pending shouldn't be a problem. A wise idea might be to carry proof of the purchase of your return flight to the UK just to be safe! Even a letter from your employer stating they are expecting you back on a certain date. Can't hurt to carry these things!

3. Not sure about advice for a lawyer, but we're doing this on our own & I've read a lot on this forum of lawyers leading people astray. If your case is straightforward, it may not be worth getting a lawyer. There's a lot of info out there & help within this forum.

4. A job offer will not suffice. That can help her to prove domicile, but it will not satisfy the financial requirement. Not sure what personal funds you all have saved up, but there's a guide as to how much will suffice. This is all accessible online. Financially, you need to show that at the time of application, your fiance/wife CURRENTLY makes a certain amount & can provide evidence that it is consistent & will continue into the future. If you do not have enough savings, or if your soon to be wife doesn't earn enough at the time of application, you'll need a joint sponsor.

[Darnell 8,478]

file in march, her visa expires in may, right?

one thing to note - after the I-130 is approved, she can travel back to the USA with no loss of 'time in country'

and most likely, she'll need to travel back to the USA to get her USA domicile stuff squared away.

So, even if she MUST leave and YOU not have the visa yet, no sweat, as she's already hit the rule for 'time in country' .

Good Luck !

[Darnell 8,478]

ya, there's 2 paths to take, all leading to 'domicile evaluation' at interview day, taken straight from the I-864 instructions:

1. proof of re-establishing domicile in USA

2. proof of domicile in USA

These are different things, a pile of evidence on either is accepted on interview day, and evaluated.

My thing for going back after I-130 approval - is useful IF she's wanting to show proof of domicile when she doesn't have it- just in case she actually NEEDS to go back to get it done. Many folks choose the other path, instead, showing proof of re-establishing domicile - it's easier and many are able to prove this up with no need to travel into the USA prior to the interview.

There's a pinned topic in the Canada forum about this- as Canadien spouses (USCs) have this problem the most - they write about it the most - they have the largest number of reportable issues for domicile in the USA.