DCF In Uk

[Mark Hewitt 0]

Hi, Ive not been here in a while as i lost the addy (bad me)

I was filing for a K1 visa to move over to the USA but the situation changed and my finace (now wife) had to move over here to stay with me for a while. We now want to move back into the USA.

The only problems that i can see and need help with are:

1) Will the face that we filed for a K1 but stopped it cause problems?

2) Will my wife being on the further leave to remain visa cause a problem?

3) Can we still have a sponser as we will both be looking for a job when we return?

Thanks in advance

[YuAndDan 153]

1) NO as long as the K-1 was withdrawn or canceled.

2) DCF requres US Citizen to be considered a temp resident of UK, but also have maintained Domicile in the USA, and have been filing IRS returns.

3) Yes, Joint sponsor, this is the Usual case for DCF, the US Citizen spouse is still the primary sponsor because they filed the immigrant visa petition.

Two things that hang DCF filers are, Domicile issue, and IRS returns, both are required for the petitioner to file I-864, and the I-864 is required for the immigrant visa.

A good read about the I-864: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

http://london.usembassy.gov/cons_new/visa/iv/ivprocess.html

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

Edited July 26, 2007 by YuAndDan

[elmcitymaven 9,711]

A heads up on the domicile issue if you file through London: the Embassy makes it really, really easy to prove you have re-established domicile. I have yet to hear of anyone having an issue with this when filing through London. As long as you have some ties to the US -- like a bank account there, registered to vote there, get post still sent there -- and you are making steps to abandon your UK residency (get your house valued and put on the market is one way), the Embassy wil conclude that you are acting in good faith to return the US.

At our interview, I presented a letter explaining the steps I was taking to re-establish domicile and some documents which proved existing ties and efforts to leave the UK -- a letter addressed to me in the US from the Social Security Administration, a letter from my boss confirming I had resigned my job informally (contingent on whether the visa was granted), US bank account statements, and some emails proving an ongoing US jobsearch. I haven't lived in America since 1995, but this was enough.

Welcome to the wonderful world of DCF!

[MargotDarko 0]

Hi, Ive not been here in a while as i lost the addy (bad me)

I was filing for a K1 visa to move over to the USA but the situation changed and my finace (now wife) had to move over here to stay with me for a while. We now want to move back into the USA.

The only problems that i can see and need help with are:

1) Will the face that we filed for a K1 but stopped it cause problems?

2) Will my wife being on the further leave to remain visa cause a problem?

3) Can we still have a sponser as we will both be looking for a job when we return?

Thanks in advance

As yuanddan says, you need to have officially stopped/cancelled the I-129f petition for the K1 visa. If you have, and if you have a joint sponsor in the US who has enough income/assets, you should have no problems with DCF in London.

[Mark Hewitt 0]

You guys are great.

Thanks for everything.

How can i check to make sure the I-129f was stopped. I sent an e-mail as they requested and i really dont want this to mess up the process. As for ties there.. my wife still gets post and has one major tie there... her daughter that we were going to bring over.

She has not been filing tax returns as she has no income. Is this a problem?

One other ? as im here.. How can i change my Timeline and which is the correct one to use?

[MargotDarko 0]

You guys are great.

Thanks for everything.

How can i check to make sure the I-129f was stopped. I sent an e-mail as they requested and i really dont want this to mess up the process. As for ties there.. my wife still gets post and has one major tie there... her daughter that we were going to bring over.

She has not been filing tax returns as she has no income. Is this a problem?

One other ? as im here.. How can i change my Timeline and which is the correct one to use?

I'm sorry I can't answer about how to make sure the I-129f is cancelled.

As she's had no income, she wouldn't have to file, but there is this weird thing she has to get from the IRS. Here's a thread from another forum about it -

http://forum.diveintoamerica.com/showthread.php?t=3607