Loulou

Hi guys,

My husband and I finally decided to move to US next year. Could someone please tell me when I have to send my husband's birth certificate. He is the USC and on the Embassy's website it says either passport or birth certificate, but I am sure I have seen it somewhere that we need to send his birth certificate as well as mine (UK citzen) when we send the 1-30. Could you please clarify? Thanks

You do not need to file the returns before the I-130, but he should get started on them as soon as possible, especially as he has never filed before. He should file for the years 2005, 06 and 07. It is a fairly straightforward process. He will need IRS forms 1040 and 2555-EZ for each year. He will also need to know what he earned in each of those years -- remember that the US tax year runs January-December, not April-April like in the UK, so this might involve a little computation.

I assume you don't have a social security number -- make sure he has one, or knows what it is. You (as the UKC) will not need a social security number or tax id number to file taxes if he files married filing separately; put "NRA" for non-resident alien in the SSN box for you if you have neither of these. He can exclude his foreign earned income on the 2555-EZ up to $82,500 (I think it's that number -- you should double check) which means that unless he earned more than that in the UK each year he will have no tax liability, and hence no penalties will accrue if he files late.

It is not hard but it is a pain in the rear end nonetheless. If you need advice, call the London office of the IRS; as Poiteen and I can attest, they are great guys. Their number is 020 7894-0477; you can call Mon-Fri 9-12. Or your husband can see them without an appointment Tues-Thurs in London at the Embassy -- he'll need his passport. More details are available on the Embassy website: http://www.usembassy.org.uk/irs/index.htm.

Good luck!

Elmcitymaven, thanks so much, really appreciate the time you've taken to explain this to us. Thanks

Hi all,

I am about to send our application for DCF and want to check I've everything right. My husband is the USC, he's been here (UK) since he was 14 and has only been to the US for a visit and the longest time he's been there is about 2weeks, we will like to move to the US by the end of the year and have read on this forum that the USC must file his taxes...my husband has never done this could someone please tell us how we should go about this? Should we file the taxes before we send our I-130? Your advice will be really appreciated. Thanks

Just to add to MargotDarko's reply, I had a quick look at your profile. One of the problems you may encounter whichever route you go was your arrest years ago. I have a feeling that is also raising red flags in applications for visas.

I hold my hands up to not knowing the correct advice to give here. Over to other VJers who might have more knowledge in this situation.

Sorry, but Good Luck!

Are you unable to use the visa wavier programme? That allows up to 90 days in the US. You would bring proof of ties to the UK, and you shouldn't have trouble entering on the VWP unless you don't qualify for it. Here's info on it -

http://www.travel.state.gov/visa/temp/with...thout_1990.html

Generally, for most people, as long as you haven't overstayed VWP in the past and don't have convictions, you should be fine using it.

EDIT - Oh... wait... For some reason, I was thinking you were a British Citizen. That was a bad assumption on my part! Does the country of your citizenship participate in the visa wavier programme? If not, you kind of are out of luck.

No Margot my country of origin is not part of the visa waiver programme. They told me exactly what you said essjay "I intend to migrate to the US" I showed them a letter from my employer and also the fact that I have started a Masters programme but it didn't help, I showed the court records to them as the case against me was dismissed and it was clear they was a bit of misunderstanding with the arrest so that I believe is no longer an issue. When you say I am expected to move to the USA once the immigrant visa is granted does that mean I can't stay for about two months and come back to tie loose ends in the UK before moving there permanently 6 months after?

Yep, essjay is right that you could go back and tie up loose ends. The best thing would be to establish yourself in the US first - get your greencard in the mail, get your SSN, open a bank account, etc. Then return to the UK for a while. You can stay out of the US for up to a year without a re-entry permit, but it's up to the discretion of the officer at the border to determine whether or not you've abandoned your PR status in the US when you return from the UK, even if it's only been six months, so be careful. If you don't have any residence in the US or proof of establishing yourself in the US, any time more than just vacation out of the states is kind of risky until you've been able to naturalise.

Also, you may still have problems with your previous arrest. The best thing is to just start the DCF process.

Thanks everyone!

Just to add to MargotDarko's reply, I had a quick look at your profile. One of the problems you may encounter whichever route you go was your arrest years ago. I have a feeling that is also raising red flags in applications for visas.

I hold my hands up to not knowing the correct advice to give here. Over to other VJers who might have more knowledge in this situation.

Sorry, but Good Luck!

Are you unable to use the visa wavier programme? That allows up to 90 days in the US. You would bring proof of ties to the UK, and you shouldn't have trouble entering on the VWP unless you don't qualify for it. Here's info on it -

http://www.travel.state.gov/visa/temp/with...thout_1990.html

Generally, for most people, as long as you haven't overstayed VWP in the past and don't have convictions, you should be fine using it.

EDIT - Oh... wait... For some reason, I was thinking you were a British Citizen. That was a bad assumption on my part! Does the country of your citizenship participate in the visa wavier programme? If not, you kind of are out of luck.

No Margot my country of origin is not part of the visa waiver programme. They told me exactly what you said essjay "I intend to migrate to the US" I showed them a letter from my employer and also the fact that I have started a Masters programme but it didn't help, I showed the court records to them as the case against me was dismissed and it was clear they was a bit of misunderstanding with the arrest so that I believe is no longer an issue. When you say I am expected to move to the USA once the immigrant visa is granted does that mean I can't stay for about two months and come back to tie loose ends in the UK before moving there permanently 6 months after?

I recently went to the American Embassy for a visitor's visa and was told I didn't qualify since my husband is an American and can only visit the US on an immigrant visa. I currently have LLR in the UK (my husband has ILR) and will go for my ILR July next year. Moving to the US is not an immediate plan for us though we have discussed moving there permanently in about 2 years from now, what should we do in our situation? as we both want to visit the US and the fact that I have there twice doesn't count anymore (before I met my husband). Will going for an immigrant visa disqualify me from getting my ILR? Please help as I would like to visit my newborn nephew and cousin. I was told by the consular that getting an immigrant visa too was not going to be an easy process. What should I do now? I know we qualify for DCF except that I am worried they might refuse me in case they bring my non-immigrant refusals against me. Your advice will be greatly appreciated. Thanks

for citizenship and immigration: London.Uscis@dhs.gov

for visa information: LondonConsular@state.gov

Hi,

Does anyone know the email address of the London Embassy, as the operator was not helpful. Thanks

Thanks guys for your help

Hi,

Could someone please tell me the email address for the London Embassy as I need to contact them urgently and the operator wasn't helpful at all!!. Thanks

Hi,

Does anyone know the email address of the London Embassy, as the operator was not helpful. Thanks

Congratulations Jack & Tam!!!

As far as I know, DCF can take anywhere between 4-6 months. Don't know anything about the waiver. I would just file the DCF paperwork to start with. My husband was refused a non-immigrant visa back in March 2004 & it wasn't even brought up this time. I don't think they really care.

Once you get the Visa, you will need to file I-751 to "remove conditions" since you haven't been married for the 2-year requirement. That is what we will have to do since we've been married just over 1 year now.

That's about all I can help you with... Best of luck with everything!

Thanks very very much Jennifer B and meauxna. Appreciate your time and advise.

Hi All,

We really need your help as we are at loss as to where to start. I was refused a non immigrant visa due to a misunderstanding between the Consular and I last year at the American embassy. I was wrongly arrested in America in 2002 over shoplifting charges (petit larceny) but the case against me was dismissed in court. When I went for the interview I believe I was almost issued with the visa, but at the last finger printing the Consular told me there was a hit. She then asked me if I have ever had any immigration problems in the US and I responded no (In all honesty I knew I had never encountered any immigration problem) and thought since the case against me was dismissed I said no. I was given a letter to say the embassy would be carrying further investigations and they will contact me. I received a letter six weeks after which said I was ineligible for a non immigration because I was arrested.

To cut a long story short I will be marrying my American fiancee who has been living here in the UK for twelve years (he has indefinite leave to remain) and we would like to move to America in July. We would like to file for DCF (Direct Consular Filing). My questions are: do I file for a waiver before we send in my 1-130 or after the petition has been approved? and also how do I go about the waiver. Your comments and help would be very much appreciated since we don't know where to start. Also any views on how to go about our DCF will also be appreciated. How long does the whole DCF process take in London. Thanks

Hi All,

We really need your help as we are at loss as to where to start. I was refused a non immigrant visa due to a misunderstanding between the Consular and I last year at the American embassy. I was arrested in America in 2002 over shoplifting charges (petit larceny) but the case against me was dismissed in court. When I went for the interview I believe I was almost issued with the visa, but at the last finger printing the Consular told me there was a hit. She then asked me if I have ever had any immigration problems in the US and I responded no (In all honesty I knew I had never encountered any immigration problem) and thought since the case against me was dismissed I said no. I was given a letter to say the embassy would be carrying further investigations and they will contact me. I received a letter six weeks after which said I was ineligible for a non immigration because I was arrested.

To cut a long story short I will be marrying my American fiancee who has been living here in the UK for twelve years next month and we would like to move to America in July. We would like to file for DCF (Direct Consular Filing). My questions are: do I file for a waiver before we send in my 1-130 or after the petition has been approved? and also how do I go about the waiver. Your comments and help would be very much appreciated since we don't know where to start. Also any views on how to go about our DCF will also be appreciated. How long does the whole DCF process take in London. Thanks

That is correct they are saying I'll have to apply for a waiver as I am ineligible due to misrepresentation. I meant my fiancee and I will be marrying next month and he does have indefinite in the UK. Thanks

Hi All,

We really need your help as we are at loss as to where to start. I was refused a non immigrant visa due to a misunderstanding between the Consular and I last year at the American embassy. I was arrested in America in 2002 over shoplifting charges (petit larceny) but the case against me was dismissed in court. When I went for the interview I believe I was almost issued with the visa, but at the last finger printing the Consular told me there was a hit. She then asked me if I have ever had any immigration problems in the US and I responded no (In all honesty I knew I had never encountered any immigration problem) and thought since the case against me was dismissed I said no. I was given a letter to say the embassy would be carrying further investigations and they will contact me. I received a letter six weeks after which said I was ineligible for a non immigration because I was arrested.

To cut a long story short I will be marrying my American fiancee who has been living here in the UK for twelve years next month and we would like to move to America in July. We would like to file for DCF (Direct Consular Filing). My questions are: do I file for a waiver before we send in my 1-130 or after the petition has been approved? and also how do I go about the waiver. Your comments and help would be very much appreciated since we don't know where to start. Also any views on how to go about our DCF will also be appreciated. How long does the whole DCF process take in London. Thanks