DianaJean

Ok, thank you so much for the guidance. I will do the consulate route.

Thank you so much for all of your helpful advice! I will definitely go the consulate route then and seek clarification on what documents would assist me in proving intent to return. I have been in contact with my old University (via email and in person) to look into PhD programs, actually, and could obtain a letter from them stating I have expressed my intentions in this manner? I also travel back 5-6 times each year (every school holiday, being a teacher) and can provide evidence of these trips, voted in the last election (not that it did any good) and have a NY drivers' license which I renewed in 2014.

Perhaps this evidence will help?

Thank you,

Di

Thank you. If we were planning on staying with my parents, and not working right away, would a letter from them suffice? What about copies of letters of resignation to our current employers?

Also, would it be possible to switch status if we decided to do this during a visit to the states (we already have a visit planned this summer)?

Thank you very much.

Hi all,

I am considering submitting the I-130 but seeking clarification and reassurance on the following points:

1) we had an i-130 approved via the London Embassy in January 2014 but delayed submission of the DS-260 until October 2015, then cancelled it completely in November 2015 due to realising we couldn't just have a green card until we were ready to move. The timing is annoying as we weren't quite ready then to move (had just bought a house and have since done the work on it making it rentable). Will this prior cancellation prejudice a new application?

2) I am not domiciled and would have to prove intention to reestablish domicile in the US. How do I do this?

3) I would have to have my father as co-sponsor, as my earnings are in the UK. Would this prejudice my application?

I posted a separate thread in the 'AOS from Visitor' section, as this seemed like a safer option, but now realise there are tricky issues with preconceived intent :-(

Any advice is most appreciated.

Diana

I realise that intention is a gray area and I'm looking for clarification on the types of circumstances that can mitigate being viewed as having that intention. For instance, intention to eventually immigrate but not on this particular trip shouldn't count against a visitor, and it then should be ok if that visitor changes their mind on said trip. My question is how to prove this.

I'm worried about consular processing because it seems to me that it would be easier for them to deny a consular application-- can anyone reassure me as to the validity of our circumstances for consular filing? Is it an issue that we have to have a co-sponsor as well as prove intention to re-establish domicile?

Thank you.

Hi,

I'm new to this forum and am hoping someone can help.

I am a USC living in England with my British spouse (married 2008--I went through all of this once before but in the other direction!) We are planning a move to the states and will be quitting our jobs here at the end of the year (we are both teachers and cannot leave during the school year) in anticipation of this. We were going to spend this summer with my family in the states, after our jobs end, but have not planned on making this our final move, as we also have to arrange for our house here to be rented out.

I realise it is technically possible to adjust status from a VWP as someone's spouse, but would this be seen as having 'preconceived intent' (especially given we would have quit our jobs in England)? And if so, how would we prove that we didn't intend to stay but decided once we were there?

I understand consular processing is also an option, but I am worried about the fact that I am not domiciled in the US and would have to 1) use my father as a joint sponsor on the I-864 and 2) prove 'intent to reestablish domicile' in US, despite having no forthcoming lease agreement (would be staying with parents). Moreover, we had an application processing last year which we cancelled due to timing just after the DS-260 was submitted (we realised we wouldn't be ready to make the move in time after receipt of the green card), and I'm worried this will prejudice future consular applications.

My question is this: given our circumstances, which course of action would you advise?

Thank you in advance for all of your help!

Diana