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dreid71

URGENT HELP PLEASE?!! US citizen residing in the uk petition for spouse at London office.. any advice regarding I-864?

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Hi

I presently reside in the UK with my wife and 2 kids, age 11 my stepson and age 7 my daughter who's a dual citizen UK/US passports. I recently about a couple of days ago submitted the spouse petition I-130 at the London office. my questions are, once the application is approved. option 1, should I submit as a sponsor  I-864 with my P45/P60 as tax returns along with proof showing domicile in US by having a valid NY state drivers license, health insurance benefit card and documents, utility bills in my name at my mom's address we'll be staying until we are achieve employment and lease a place of our own, voter's registration in NY, plus letters from my mother and the property lease holder my brother showing willingness to provide room and board for us? or option 2, file my tax returns in US for the years I've been overseas and use proof to sponsor my wife and my stepson? or option 3, use a joint sponsor (a family member or friend) along with either option 1 or 2? 😀😀

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There's 2 issues:

  1. You must show US domicile for an I-864. Several items you noted help show intent to establish domicile. I'm, not too familiar with how London views domicile, but I'm not particular concerned...it's likely sufficient IMO.
  2. A suitable I-864 from the petitioner is required, OR an I-864 from the petitioner + a suitable I-864 from a joint sponsor.
    1. Your income abroad won't qualify unless it will continue from the same source upon return to the US. UK tax returns would do nothing here.
    2. As a USC, you must file US federal tax returns based on worldwide income.
      1. If you earned above the minimum threshold of total income to be required to file (even if the taxable income is $0) - which is the same both in the US or abroad - then you must have filed those returns for at least the past 3 years + provide a copy of at least the most recent year's tax return. If you haven't been filing US taxes and were required to file, then you must resolve that first before you qualify to submit an I-864. As the petitioner, you must submit an I-864 even if your eligible income is insufficient to sponsor somebody.
      2. If you didn't earn enough income to be required to file, then you must provide an explanation (i.e. if one had no income at all, they can just state this on the I-864).
    3. If your eligible income is insufficient to be a sponsor, then you must either use suitable assets or find a joint sponsor, or return to the US beforehand and earn sufficient income to become a sponsor.
    4. Either way, your US taxes must filed if you earned above the bare minimum income level to file. Most to all foreign income can usually be excluded from actual taxation, though.

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Great Geowrian! thanks for your help. I will get on that straight away, file my tax returns for the past 3 years. my  annual salary in the UK is $49000 before taxes would that be suffice?

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14 minutes ago, dreid71 said:

Great Geowrian! thanks for your help. I will get on that straight away, file my tax returns for the past 3 years. my  annual salary in the UK is $49000 before taxes would that be suffice?

Certainly enough, you need to submit evidence it will be continuing once you move.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hi Boiler, thanks for response.

what evidence I'll need to submit as well for proof of this? that I'm actively seeking a job or job offers? because my present employers I won't be working for them once I move back o the states 

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The actively seeking work thingy is part of showing US Domicile, nothing to do with the I 864 which is financial.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes

 

Unless you can show sufficient assets.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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18 hours ago, dreid71 said:

Hi Boiler, thanks for response.

what evidence I'll need to submit as well for proof of this? that I'm actively seeking a job or job offers? because my present employers I won't be working for them once I move back o the states 

If you won't be working for your same employers then your income won't be continuing from the same source. Sounds like you'll need a cosponsor.


DCF Mexico

06/04/2017: Married

06/24/2017: Mailed I-130

06/27/2017: NOA1 (technically a RFE as we were missing beneficiary ID)

07/06/2017: NOA2

07/12/2017: Case assigned by Juarez embassy

07/17/2017: Packet 3 received

08/15/2017: Interview/Approval!

08/22/2017: Visa received via DHL

09/03/2017: POE

09/16/2017: Permanent Resident Card received

 

Total days from NOA1 to approval: 49

 

I wrote a DCF Mexico guide! http://www.visajourney.com/wiki/index.php?title=DCF_Mexico

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**Moved from Bringing Family Members of US Citizens to America to DCF subform; OP filed DCF in London**


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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1 hour ago, Jorgedig said:

I believe spousal petitions are currently taking about one year.

It seems the OP filed DCF in London, so the petition will probably go a bit faster than a year. Current official estimate is around 2.4 months.

 

https://egov.uscis.gov/processing-times/international-operations-office

 

But yes, technically moving back and finding a job is an option. So is using a joint sponsor.

 


03639.png                  

 🇷🇺  ♥  CR-1 via DCF in Moscow (2016-2017) 🇺🇸  Read about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Embassy
29-Dec-2016: I-130 approved! Yay! 🎊

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – middle name is cut off 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sept-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions (2019-???) 📝

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

??-???-2019: TBA...

 

 

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Hi again all!

I've filed my  past 3 years tax returns to qualify for submitting the I-864 as the petitioner and also I will be using a co-sponsor in the US. my question is, for my co-sponsor is it suffice to submit only their last tax return filed or the past 3 years?

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3 hours ago, dreid71 said:

co-sponsor is it suffice to submit only their last tax return filed or the past 3 years?

3 years of tax transcripts is the way to go or last years tax return in 2018 and 2 years of transcripts.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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