wolfft

Hi,

We are trying to finalise the arrangements for a joint sponsor as I (the USC) currently reside in the UK, do not yet have a confirmed job in the US and all our savings our in the UK. As both myself and my son our USCs it's only my that needs to be sponsored.

There are a few potential joint sponsors we know in the US. One of whom is a close family friend who is prepared to be the joint sponsor. However he was in Grad School till 2013 and for the past 3 years his tax returns do not show an income greater than $19,662 (he lives on his own so the sponsor household size is 2). Since leaving Grad School in 2013 he has been in a job that pays way over the required amount and this will be shown when he completes his 2014 tax return. However our interview will be in late Feb/early March before he completes the 2104 tax return.

Even if he submits evidence of his current income (which is over the requirements) we do not think that will be sufficient as the tax returns for the past 3 years will show an income under the requirements. We therefore think that he can not be a joint sponsor Can someone please confirm if our thinking is correct?

Because I am not currently residing in the US we are using a family friend in the US to be the joint sponsor. They are a USC but their passport expired a few years ago.

Thanks so much. I thought the same but appreciate the reassurance.

I’m the USC (dual UK/US nationality lived in the UK most of my life) and my wife is a UK national. We have a 17 month old son who is now a USC.
We submitted our I-130 in October and received our Notification of Approval on 24th Nov. We are waiting for package 3 and preparing for the medical/ interview. My wife is getting her vaccinations up to date and has applied for her UK police certificate and will shortly be applying for her Dutch Police certificate (she lived in Amsterdam, for a few years). I’ve ordered my last 3 year tax transcripts from the IRS and the joint-sponsor is completing their I-864 and will send it to me shortly. I think I’ve got everything covered in regards to re-establishing domicile (evidence of ending the lease on our flat, shipping quotes, leaving my job here in the UK, applying for work in the US, opening a US bank account etc, voting record, place to live in the US etc..)

However we are both nervous about the interview as my wife lived in the US with her parents(UK nationals) when she was a teenager (she is now 42) from around 13 – 18 and again from 21 to 23. This was while her parents were applying for US residency for their family. But the family originally entered the US on tourist visas. Her mum, dad and sister all got their residency but because my wife returned to the UK to go to University she did not. Her mum, dad and sister have lived in the US as USCs for the past 15 years.

My wife also overstated on her visa waiver (by 3 months) in 2009. Due to this she applied for and was issued a B1 visa (allowing stays of 6 month) in 2011 and has been using that to travel to the US without any problems. She has not had a ban or any immigration proceedings.

Will the fact that she has been in the US previously for a number of years (which I guess would be sees as overstaying) cause us problems at the interview? Or will the fact that it occurred 20 years ago while she was still a minor and her parents were applying to become USCs mean that it will not be an issue?

I’m under the impression that the interview will be based on our situation now as opposed to all those years ago. I’m also hoping that the fact the she has a B1 visa and been to the US on that a number of times without any problems will also indicate that there should not be any issues at the interview?

I know it’s a bit complicated but any advice would be appreciated. We are all ready to move to the US so don’t want any nasty surprises at the interview stage! Should we seek advice from an immigration lawyer?

Thanks so much for the reply and letting me know how the medical went for you

Hi,

We (I am the USC sponsoring my wife) submitted our I-130 pack to the US Embassy in London which was confirmed as received by the embassy 6th Oct 2014. We are hoping to receive our NOA2 in the next few days (the US embassy website shows their processing petitions filed on October 01, 2014) so are preparing for the medical.

Can someone who has recently been to a medical in London please confirm the vaccinations required for my wife (she's 42)? From looking at http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/vaccine_chart.pdfI think she only needs confirmation that she has had 'Tdap' and 'MMR'. Is that correct?

The other confusion I have is the photos. On http://london.usembassy.gov/immigrant-visas/medical-examination.htmlit states 'FOUR (4) photographs which meet Department of State requirements' while page 1 of http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/iv018a_medical.pdfit says ' A photograph for each person attending the medical, including babies The specifications of the photograph are the same as those obtained for the visa'

So do we need 1 US passport photo or 4? There a bit pricey so we don't want to get more if we don't need to

Last question - On the Medical Questionnaire it asks for the 'Visa Appointment Date'. From what I understand the visa appointment can only be booked once the medical has taken place. In which case that question needs to be left blank on the form? is that correct?

Thanks in advance and sorry for the questions I just want to make sure this bit goes smoothly!

Thanks to all. It looks like the consensus is that the N600K is not relevant. So a simple NO is what I'll go for.

Hi,

I have one question about the I-130 form which I'm completing. Section D2 asks

"Have you ever before filed a petition for this or any other alien?".

Does this just relate to I-130 petitions? If so my answer would be NO

I submitted a N600K form for our son which was successful (he now has US citizenship and a US passport). Should I select YES in reply this question and provide details of the N600K application? Or is that not relevant?

Thanks for the help

Hello,

I filed the form N-600K for my son many months ago and yesterday we received a notice that in less than a week we will have to do the interview in Boston.

Does somebody have experience with the interviews done for N-600K? What happens during the interview?

Do we have to prepare ourselves?

We are kind of scared....

Hi. Sounds like the N600-K interview was along time ago but I'm hoping you can share any advice from the interview you attended. We've got a N600-K interview coming up in a few weeks and would appreciate any advice/tips etc..

Thanks!

Sorry,

I meant by 'AOS' Affidavit of Support. You mentioned you did not have an income, but do you have any family members or friends that will help and be a sponsor?

That's correct. Yes, as I will not have guaranteed employment in the US at the time of the application /interview we will be using a joint-sponsor. My wife's mum who lives in the US and is a USC. I have a question about that actually which I'm hoping someone can answer. My wife's mum lives on her own (her kids are all over 21 and she is divorced) Therefore when she completes the I-684 should she state a household size of two? I.e her self and the immigrant (my wife/her daughter). I'm assuming I won't need to be included in the household size as I am a USC and therefore will not need to be sponsored by her. I'm also assuming that for our son will be using an I-864W (as he is the son of a USC I've been told he doesn't need to be sponsored via a 'AOS' and thus a I-864w should be used. if that's correct then he won't need to be included in the household size?

Does this sound like a correct interpretation..? I'm hoping so..

I started from a similar situation to you, except already married but no kids. DCF via London is pretty straightforward and there is a ton of info here and on the Embassy website to guide you through,

I was in the same position in relation to taxes. After some research, and speaking to the IRS section in London, I followed this process: http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

It looks scary but it is fairly straightforward. The IRS phone line at the Embassy is useful, when they answer!

It's great to hear positive and encouraging advice. Thanks so much.

I've read somewhere else that you can file your tax reruns via the IRS in London and that if you include copies they'll return the copies to you stamped as received to be used as evidence of the filed returns when applying for the visa. I'm guessing that's no longer the case? If I follow http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers how quickly will I get evidence that my tax returns have been filed? Also do I really need to file FBARs for the past 6 years? I've tried phoning the IRS at the London Embassy to ask these questions but they're not answering!

Marry and file directly through the consulate. it is called "direct consular filing."

You will have to file your back taxes for any immigration path, so it's best to start on that asap.

You can establish intent to reestablish domicile, instead of current domicile. You can show that you have a job lined up, or got a lease for an apartment, or something to show that you have made solid plans to move to the US.

Thanks for the advice.I'm onto filing my back taxes. How many years do I need to go back? I've never filed any tax return with the IRS. I've been told 3 years is sufficent. Does that sound ok?

Thanks,

1. DCF There have been quite a few people from the UK doing this. So you can ask around and post question in the 'DCF Forum'

This is a good thread about how to re-establish domicile in the USA http://www.visajourney.com/forums/topic/445020-i-864-re-establishing-domicile/

Do you have anyone who will do AOS for you?

Thanks. I'm not 100% sure what you mean by "Do you have anyone who will do AOS for you?" What do you mean by AOS?

I’ve had a good look at this site and other web resources but have not found anything that really addresses our situation. Basically my girlfriend and I want to relocate from London to the US with our baby boy. Our plan is to do this in November when my current job comes to an end and I get a nice pay off lump sum payment. We are planning to move to the US (California) where I will look for a job in the same sector (Higher Education) as I’m in here in the UK. I most probably will not have a secured job by the time we plan to actually move ourselves and our belongings to the US

I’ll summarise our current statuses:

• I, am a dual UK/US citizen through have never lived in the US and have never paid US taxes. I have spent the majority of my life in the UK. I have voted in the US elections and do have a Social Security Number
• My girlfriend (aged over 21) is a British citizen. Her mother and sister live in the US as US citizens. Her father lives in the US on a Green Card. She has a currently has a B1/B2 visa and last used this visa in December 2013 when we visited her family for Christmas. She stayed in the US for 2 months. Part of the reason we won’t to move to the US is to be near her family who live there.
• Our 8 month old is a British citizen. We have submitted an application for his US citizenship via the N600K application route on the basis of his paternal Grandmother's (my mum's) US citizenship as she has lived in the US for more than required 5 years where I have not. The N600K application was accepted on 3rd December 2013 and we are now awaiting notification of an interview being scheduled and hope this to happen relatively soon. When it does we will go to the US for the interview and to hopeful get his US passport.

I’ve researched the following options and would really appreciate advice on the best option for us bearing in mind the above facts. These options are:

1. Marry in the UK very soon and submit an I-130 Petition filed in London via the US Consulate. The problem with this option is the Affidavit of Support (I-864) as I do not meet the requirement of being domiciled in the US, nor do I have any US income, tax receipts. I do not also have employment in the US and most probably won’t until we actually move there. Once I get my lump sum payment I could transfer this to a US bank account but that won’t be till November when we want to be move
2. Submit a K-1 fiancé(e) visa and use this to go to the US, marry and then submit the I-30. But again I believe I would need to provide an Affidavit of Support (I-864) so would face the same problems described above
3. My girlfriend could be sponsored by her family but as she is aged over 21 she would not be treated in the ”immediate family” category and thus there would be a lengthy wait
4. I relocate to the US on my own, get a job and re-establish my domicile in the US and then we apply using the K-1 fiancé(e) visa. This would mean being apart from my girlfriend and baby boy for some time which neither of us want
5. We all go to the US in November I, on my US passport, our baby on his US passport and my girlfriend on her 6 month B1/B2 visa. On arrival we state we are there visiting her family. After 3 months we get married and then submit an I-130. At that point I will be domiciled in the US will (hopefully!) have employment and all our savings will be deposited in a US bank account. Also her sister, dad and mum can all be co-sponsors This is the most attractive but obviously most risky route

So any thoughts. We obviously want to go for option 5 but I’m worried about the risk of “immigration fraud”..!

Cheers,

Tom