I-130 questions (joint sponsor, domicile, etc.)

[Hot Ice Hilda 0]

Hi! I've been lurking on the forum for a few weeks now, and have read the I-130 guide, and feel, for the most part, well prepared. That said, I do still have some questions. We will not be able to apply for about a year, and I know there's a lot of stuff we won't be able to gather together until shortly before sending the packet, but I want to avoid leaving anything until the last minute. Also I'm not working at the moment and need to feel productive somehow!

A bit of background on our situation, as it relates to a few of my questions: I am the USC, my husband is a UKC, and we are currently living in the UK. I moved here in October on a fiancee visa which I applied for in July of last year, a week before a rule change regarding the sponsor's income. Because I applied before the rule change I am supposed to be grandfathered in under the old rules. We were married in February, and I applied for further leave to remain in March, before my visa's expiration. I was expecting it to take about six or seven months to be processed as I did not want to spend the extra money on priority service and knew there was quite a massive backlog at UKBA. Surprisingly they made a decision in about a month, refusing it as my husband is currently unemployed and doesn't meet the new income requirements, which don't apply in our case (my fiancee visa was cosponsored by his parents, which would not have been allowed under the new rules). We were allowed to appeal, but we have to wait about a year for the hearing. Neither of us will be surprised if it's unsuccessful, but we're glad that we have a year to spend together if I do have to leave, and that we have plenty of time to gather the necessary paperwork before I (possibly) go back. It's not a guarantee at this point that we will be moving to the States, but with how the application went we won't be terribly surprised if it doesn't go in our favor. Which leads me to my questions...

1) By the time a decision is made I will have been unemployed for two years. I was let go after the company I worked for was bought out. I started working there in Janary 2008 and left April of last year, and filed taxes for every year I worked (including the four months last year). Unfortunately though, as I entered the UK on a fiancee visa and have not been granted leave to remain, I'm not legally allowed to work. The job market in my US city is actually really good, especially in the industry I've been working in, and I should find work fairly quickly, and will definately make more than the minimum (depending on exactly which position I would be hired for) I would be making $30,000-40,000. I have noticed a few other threads where it was mentioned that people who don't have the required three years tax records but make about $60,000-70,000 don't necessarily need a joint sponsor. Will I likely need a joint-sponsor at that salary level to make up for not filing taxes for this year (having typed all this out it seems like a dumb question)?

2) If we do need a joint sponsor, one of my parents would be able to do it. However, my sister lives with and is depentdent on them. If one of my parents does help out, would they need to make the minimum amount for 2 or 3 people?

3) I will be living with my parents when I first move back. My original plan was to save up for a few months (moving abroad, getting married and not working for a couple of year is a great way to deplete your savings!) before getting a place for us to live. Would it cause any problems if I move midway? Who would I need to inform?

4) I know I will need to write a letter for the I-130 packet, and he will need to write one to go with his pre-interview packet. Will he need to write one to include with the petition? Do I need to write one to go with the packet he sends to the consulate?

5) I read on the guides that he needs to include a copy of his passport's biometric page in the pre-interview packet, and bring his passport to the interview with him. Is this correct? He doesn't need to send his passport?

6) I'm a bit confused on who sends the pre-interview packet. Unless I'm misreading the guide, he will receive a packet with the forms that will need to be filled out, including the I-864 which I will need to fill out. How does all of this work? Does he mail it to me and then I mail it back to him so he can send it? Does he mail it to me with his documents and then I mail everything? Do we each just mail our respective documents seperately?

7) What size passport photos will be needed to include with the G325A? Do they have to be the same size, or just in our respective countries' sizes? If the same size which one - US or UK?

8) Will we need to include the FLR(M) refusal and appeal documents? And if so, which packet should they be included in? I would think it's pretty strong proof of relationship, but would also explain the bulk of my employment gap.

Phew, I think that's it. At least for now, I'm sure when it actually comes time to send it in my head will be swimming. Thank you all so much for any help with these questions, and all of the help you've unknowningly already given us! And my sincere apologies for the word salad above.

[lost_at_sea 995]

1. Unless you have lots of savings, without a US job and income you will need a joint sponsor. If it looks like you'll be moving back before your husband, and you find yourself with a suitably paying job then you can sponsor on your own.

2. Your parents can sponsor. Not sure about the effect of your sister (is she a minor?), but all the info about support can be found here http://travel.state.gov/visa/immigrants/info/info_3183.html

3. Moving is fine. You'll just have to notify them of your address change.

4. Don't know what letter you are referring to.

5. Yep. Normally, passport goes with to the interview and he leaves it with them to have the visa put in, they send it back a few days later.

6. You do. The i130 is a petition. You're the petitioner. It's asking to allow him to apply for a visa. You complete all the forms for the i130 package, except the alien information form for him that he signs (g325a). After approval, he gets more forms to fill in. . You need to think of it as a two step process. 1. You petition for opportunity to get visa (130) 2. He applies for visa (cr-1).

7. US. All the same size. (2"x2")

8. I don't know. I think not as they relate to UK immigration, not US.

I wonder - I don't know your current legal status in the UK but are you considered resident? DCF may be available.

Edited June 5, 2013 by lost_at_sea

[Hot Ice Hilda 0]

1) I'm not terribly worried about not being paid enough. *knocks wood* It's just not having any sort of tax records due to being out of workfor all of 2013.

2) My sister is 24. She's autistic, high functioning, but not really able to live alone. I know I don't necessarily need both parents to co-sponsor, just not sure if she would have to be counted if only one parent cosponsors.

4) Sorry, I wasn't clear. I know I'll need to include a cover letter (and assume he will need one for the CR-1 packet). I know the US immigration process is very different, but for my visa applications we both had to include letters, so I wanted to just see if it was recommended for the CR-1.

6) Sorry again. My question was about the second, CR-1 packet. I already knew I need to send in the first, I-130 packet.

Thanks a lot! That already cleared up a lot!

ETA: I did look into DCF, and I can't remember the exact rules for it, but I do know I wasn't eligible. I'm a resident, but I would need either Further or Indefinate Leave to Remain and I think I would have to live here for a couple of years.

Edited June 5, 2013 by Hot Ice Hilda

[lost_at_sea 995]

1) I'm not terribly worried about not being paid enough. *knocks wood* It's just not having any sort of tax records due to being out of workfor all of 2013.

2) My sister is 24. She's autistic, high functioning, but not really able to live alone. I know I don't necessarily need both parents to co-sponsor, just not sure if she would have to be counted if only one parent cosponsors.

4) Sorry, I wasn't clear. I know I'll need to include a cover letter (and assume he will need one for the CR-1 packet). I know the US immigration process is very different, but for my visa applications we both had to include letters, so I wanted to just see if it was recommended for the CR-1.

6) Sorry again. My question was about the second, CR-1 packet. I already knew I need to send in the first, I-130 packet.

Thanks a lot! That already cleared up a lot!

ETA: I did look into DCF, and I can't remember the exact rules for it, but I do know I wasn't eligible. I'm a resident, but I would need either Further or Indefinate Leave to Remain and I think I would have to live here for a couple of years.

1. Ah, yeah. They do like tax records. But I think there are ways around not having tax records (like letters from employer, pay stubs etc.). I expect someone with better experience of this will chime in, but that URL I already included above should help some.

2. Hmm.. yes. Then likely she's counted as a member of the household so yeah, your parents need to have the appropriate amount to cover all of you.

4. Ah, I see. I'm doing DCF and it didn't require a cover letter for the I-130, but I will need one for the actual visa application to London, so there your husband will definitely need to do one. It'll just say some basic stuff like when his medical is booked for and any other pertinent information (like travel plans). It goes with the DS-2001 form he'll return to say he's ready for interview and has all the required documentation. This is the info for his stage: http://london.usembassy.gov/ds2001.html

6. Ah! Yeah. Then yes... at CR-1 stage he gets to send off all the forms. For London, you only send forms - all the evidence (like the affadavit of support and certificates and what-not) go in person to the interview with him.

re: DCF Indefinite/Further Leave to remain isn't required. You just have to have been resident for 6 months prior to filing (my husband is here on a work visa which expires soon, so he has neither ILR or an extension). That's why I asked. This is the info on that: http://london.usembassy.gov/dhs/uscis/i130filing.html

Edited June 5, 2013 by lost_at_sea

[Hot Ice Hilda 0]

1. Ah, yeah. They do like tax records. But I think there are ways around not having tax records (like letters from employer, pay stubs etc.).

2. Hmm.. yes. Then likely she's counted as a member of the household so yeah, your parents need to have the appropriate amount to cover all of you.

4. Ah, I see. I'm doing DCF and it didn't require a cover letter for the I-130, but I will need one for the actual visa application to London, so there your husband will definitely need to do one. It'll just say some basic stuff like when his medical is booked for and any other pertinent information (like travel plans). It goes with the DS-2001 form he'll return to say he's ready for interview and has all the required documentation. This is the info for his stage: http://london.usembassy.gov/ds2001.html

6. Ah! Yeah. Then yes... at CR-1 stage he gets to send off all the forms. For London, you only send forms - all the evidence (like the affadavit of support and certificates and what-not) go in person to the interview with him.

re: DCF Indefinite/Further Leave to remain isn't required. You just have to have been resident for 6 months prior to filing (my husband is here on a work visa which expires soon, so he has neither ILR or an extension). That's why I asked. This is the info on that: http://london.usembassy.gov/dhs/uscis/i130filing.html

Thanks so much for all of this, it's really cleared some things up!

Just double checked the forum where I read about DCF. There was an ILR requirement a few years ago, but you are correct, it's now only 6 months. I don't think we'd be able to go that route, UKBA still has my passport (which has the proof of my legal residence).

[lost_at_sea 995]

UKBA still has my passport (which has the proof of my legal residence).

Oh. What a pain that must be.

[Nich-Nick 3,354]

Thanks so much for all of this, it's really cleared some things up!

Just double checked the forum where I read about DCF. There was an ILR requirement a few years ago, but you are correct, it's now only 6 months. I don't think we'd be able to go that route, UKBA still has my passport (which has the proof of my legal residence).

A few comments--

Your I-864 Affidavit of Support must include your latest US tax return or a statement why you didn't file. "I was unemployed in 2012 and earned $0 income, so was not required by the IRS to file a return." So if you do have a $30k job, then you prove your current income with a letter from your employer and pay stubs. The requirement is prove your current income is sufficient. It does not say your tax return has to show sufficient.

If you get a joint sponsor, then Dad will need to meet the income for a household of four:

Dad, Mom, Sister, Immigrant. You are not counted, even if you live with them.

Cover letters are optional to provide a list of forms or documents submitted. For a US fiancé visa, there is a letter of intent from each saying they are free to marry and intend to marry withing 90 days of US entry. There is no such letter in the spouse visa.