Simon412

20 minutes ago, os306 said:

I don’t think a professional firm/attorney/representative is going to be able to do much I’m afraid. 
 

 

This was my assumption too.

Quote

I wonder if your emails to the Immigrant Visa Unit have just been drowned out by others (e.g. DCF-filers) who have been emailing daily waiting for an LND number. At this point a daily email to them wouldn’t be unreasonable

I have again emailed the visaops.net address and will continue to email daily until we have a response. We have had an LND number for over 18 months, I have seen others receive an interview less than a month after receiving theres.

I think there is a technical error, with the status check service confirming ready to book interview but the interview page stating not ready.

If i hadnt shaved my head due to Covid-19 lock down, i would of been pulling my hair out a long time ago.

Thank you for taking the time to reply, we do appreciate it.

9 minutes ago, os306 said:

This is highly unusual and frustrating. Have you received any sort of automated reply from either of this email addresses? I would say your other option is to reach out on the Embassy’s twitter and Facebook pages, although the chances of receiving a reply there may also be slim. 

The last email we sent to weeac_contactus+gb+ivcasenumber+en@visaops.net  was in January, after no response we then emailed USCIS.london@uscis.dhs.gov 10 days later but nothing there either.

I have sent the same message several times, around a month apart to via the immigration enquiry form.

I work in IT and manage an email server, so very familiar with junk etc.

I have considered approaching a professional firm but assume there is nothing they can do about the issue.

5 minutes ago, os306 said:

I think somewhere along the line, some wires have been crossed and your application has been misplaced. A waiting time of >1.5 years doesn't seem normal.

 

Who exactly have you contacted so far? I presume you have tried contacting the Immigrant Visa Unit via the online contact form?  Have you also e-mailed weeac_contactus+gb+ivcasenumber+en@visaops.net ?

Hi os306,

We have sent emails to weeac_contactus+gb+ivcasenumber+en@visaops.net and the immigration contact form.

I spoke with Knightbridge Doctors today and they advised against booking the medical until the interview date is confirmed.

Really do not know where else to turn to now

HI,

Original thread here

We filed the 1-130 in October 2018, and recevied the Notice of Approval in February 2019.

We have completed the DS260.

The status of the application is

I have attempted to book the visa interview several times via https://ais.usvisa-info.com, but recieve the following message

Hi

We have not recieved a response from the embassy, its been 11 days (7 working days).

Should we schedule a medical exam or continue to wait for a letter inviting us to book the interview?

Please if anyone can help, we are getting pretty desperate now.

On 1/31/2020 at 6:20 PM, Wuozopo said:

@Simon412
 

I would still email the Immigrant  visa Unit and ask if your approved petition is still valid since you have been waiting to get a letter from them for a year. Provide the LND number for reference. Tell them you tried to book an interview and it says your number is invalid. They may need to unlock it for you  or since you waited so long they may have thrown the case out. 
 

DS-230 is an old form number. If you are reading the DCF topic pinned in this forum, it is 7 years old and pretty much invalid now.  DS-260 is correct.
 

Try checking your status here https://ceac.state.gov/CEACStatTracker/Status.aspx?

Thank you. 

Status check says still active 

"Your case is ready for your interview when scheduled at the U.S. Consular section. If you have already scheduled an appointment for an interview, please prepare your documents as directed in your appointment letter and appear at the consulate on the appointed date and time. Otherwise, please wait until you have been notified of your interview appointment. Additional information about how Immigrant Visa interview appointments are scheduled can be found at: http://nvc.state.gov/interview"

I've messaged the embassy again, fingers crossed we hear back soon. 

Just now, Wuozopo said:

Wow, that’s like a year ago. And you haven’t contacted anybody yet at all?

 

This is the embassy contact form. https://uk.usembassy.gov/iv-contact/
 

Provide both names with birthdates and any information you have on the petition approval by USCIS London...date, any details. Make sure they know it was London USCIS office. Ask if they can find your approved petition file, if it is still valid, and what you need to do to proceed since a year has passed. Ask if you have been assigned a LND case number and to tell you what it is (if you don’t have that)

Thank you

Yes we have an LND and have completed the DS260 (VJ guide says DS230 but can't find that anywhere).

We only realised we couldnt book the interview when we actually tried yesterday via https://ais.usvisa-info.com/en-gb/iv

We get the following message;

" The Immigrant Visa case number provided is not ready to schedule an appointment. If you have not received an appointment letter/email from the National Visa Center (NVC), you can check the status of your IV case at http://travel.state.gov/content/visas/english/immigrate/nvc.html. "

The hyperlink does not work, so no way of checking the case status.

Also not 100% sure where to find the DS260 number, is it in the format of xxxx-xxxx on the completed DS260 page?

17 minutes ago, missileman said:

An I-130 will not expire as long as the relationship exists.....

Thank you.

You wouldn't happen to know how we go about booking the interview? I have tried booking online but it says letter has yet to be issued.

We received i-130 approval in February 2019 but as of yet still havent received the letter inviting us to book the interview.

We have all documentation ready (well police certificate expired but not keen on spending another £50 until we know more).

I have not booked the medial yet because do not want to lose anymore money. Is there a way of finding out what has happened to our case?

Hi

We submitted the 1-130 to London in October 2018, the approval was issued in Febrauary 2019.

It is now almost a year and we still have not received the letter to book the interview, I have sent a message to the Embassy today but hoping someone here may suggest something.

How long will the 1-130 acceptance be valid for? We had thought 12 months, which is almost up.

2 hours ago, Wuozopo said:

I thought you were asking if your wife had $5000, would that be okay combined with your job.

 

Your joint sponsor appears to qualify, but the final decision lies with the officer who interviews you. Yes, her $5000 needs to be listed under assets and documented with a financial statement. I didn't see you mention you had proof of the joint sponsor's US citizenship. Consider getting tax transcripts for the joint sponsor instead of a photocopy of the tax return

 

Don't forget your wife must also provide an I-864 and the latest copy of her US tax return or a signed statement written by her why she was not required to file. (Because she was unemployed and earned $0 income).

We have completed the I864's, the spanner in the works came when joint sponsor informed of lower than anticipated income. Hence I started this post in an attempt to establish alternative options, and thought as my employment would continue when stateside.

I just need to review the sponsor's I864 and provide documentation to evidence assets to fill the $1,000 shortfall.

Thank you all 

7 minutes ago, Wuozopo said:

Aware of that. Assuming she is a USC. 

Yes both my wife and sponsor (wife's aunt), are USC

53 minutes ago, Wuozopo said:

 

Your joint sponsor does not have to cover anybody but his family and you. A single guy with no kids has to meet the guidelines for a "household size" of 2 (himself, immigrant). A single guy with two kids has to meet a household size of 4 (himself, his 2 kids, immigrant). The assets to cover a shortfall by someone other than your spouse is 5x[shortfall]. 

Our joint sponsors income is ~$1,000 short, i understood from an earlier reply that providing the sponsor has 5x the shortfall in assets that would be ok.

We intend to submit the IR1 with current sponsor, she has provided me with her last 3 years tax returns and a completed i864. She has assets greater than $5,000 so i assume this will be ok?

1 hour ago, Nitas_man said:

So we lived in KSA for 3 years and returned 2012, again for 4 years and returned 2018. 
Each time before we left we switched everything to a relative’s house.  Drivers license, bank account, credit cards, voter registration, vehicle registration and insurance, mobile phones, and investment accounts.  We kept all of that active for the 3/4 entire years.  We did not bank in KSA, we banked in the US.  
So when we returned 2012 I gathered all that, attached it to an I130 and DCF’d on that.  Domicile established, clear evidence that our 4-yr stay was temporary, all income and assets were in the US, and we intended to return from the beginning.  Same process, 2018, we gathered all that and established enough proof of intent to return that we were able to skip the I130 in favor of a returning resident visa.
 

We did not arrange a lease until after the visa was in the passport.  That part’s easy.

See what a “temporary” stay outside the US looks like on a paper trail?  Your wife needs some form of ties, usually financial and/or related to a place in a state that she can call her “domicile” to sponsor you, and if she did not maintain or does not establish something like that then there is no point in filing the I130 until she establishes one.

The I-130 was submitted in 2018 and approved earlier this year.

I now only need to apply for the IR1 as far as I am aware. We both have accounts in the US and family in Florida, California, Colarado and New York. Our intention and as is stated on the original DCF filing, is that we will reside at a member of our families home in Miami.

My wife has a medical licence in Califaornia which we have repeatedly renewed whilst she is in the UK, and she intends to transfer to Florida on our arrival. She also has a driving licence though this expired as of 2 years ago, we believed we could revalidate again on arrival.

I will happily fly out beforehand and secure a tenancy on a property if this would help the process but had no intention until my passport is stamped. Would this be acceptable evidence of our intent to domicile?

I was concerned about finding a co-sponsor, which we have now hopefully resolved with the addition of the original sponsors assets. You guys now have me worried that at interview, our intent (depsite spending £1,000's and lots of time and effort) will be disregarded and we will not be allowed to return because my (US born) wife has lived outside of the US for 5 years.

9 hours ago, Wuozopo said:

 

 

Let me try to offer some info from experience of others who have gone through London.

 

First off,  your spouse is required to be your primary sponsor even with no income. The law says sponsors must live in the US. So therein lies the Catch 22 domicile issue. The work around is showing intent to restablish domicile. People in London have done this (this is an assortment, not all useful to your situation) by---- showing their UK house is listed for sale, they have given notice at work, they have emails from apartment locators in the US looking for a place to live, same for realtors if looking to buy, emails corresponding with schools for the children, letters from relatives stating the family will be moving into their home.

 

Your joint sponsor, if single, has to meet $21,137 to sponsor you. He can add on his own assets to make up the shortfall. He has to fully qualify himself, not pool with you.  His shortfall is roughly $1000 so he needs 5x1000 ($5,000) in assets to reach the minimum to qualify.

If you have others who might sponsor but do not want to show you their financial business, they can mail it straight to the Immigrant Visa Unit at the embassy so you never view it. They would include proof that they are a US citizen, completed I-864, their latest tax transcript, and any other proof of income they want to add like employer letter or 6months of pay stubs.

 

I actually think the embassy in London would be favorable to your continuing income if you have solid documentation from the company stating your continuing job, the remote nature of your work for them, the salary in dollars, how it will be paid to you in the US, etc.

 

On that note, another thing to plan for with your employer is--- when you reside in the US, you pay US income tax and no UK tax, even if the employer is solely a UK company and even if you are paid in £££ to a UK bank account.  It's part of the US-UK tax treaty. Pay the place where you live. Your UK employer will have to get an EIN (Employer Identification Number) from the IRS. Yes that is allowed and easily done. There are two scenarios:

 

1) You are an employee. The company has to withhold US income tax, social security, and Medicare amounts from each paycheck and submit that money to the IRS each paycheck. They also pay out of their pocket have your Social Security. It can be done electronically or they can pay a company to submit for them. They must submit an IRS form W2 to the IRS and to you are the end of each tax year (Dec 31)

 

2) You are a contractor. The company withholds nothing. You are "self-employed" to the IRS.  You are responsible for submitting quarterly amounts to the IRS yourself to cover your tax, social security, and Medicare that would normally be held out of a paycheck by an employer. You pay your full social security amount and the UK company contributes nothing on your behalf.  They will submit an IRS form 1099-MISC (wage statement) to the IRS and to you at the end of the tax year. 

 

 

 

 

 

We do not have any assets in the UK, we rent as it was always intended we would settle in the US. Friends have recently returned on an almost identical basis but with more kids! It will not be hard to evidence our intentions as we have already been in contact with numerous schools, and sought out suitable property to rent.

Would $5,000 in a savings account suffice? She has a greater amount, which can be evidenced. Should this be added to the I864?

I am a significant shareholder in the company I am also employed by, as a financial advisor and company director. My clients are predominately London based and we have already sought out and obtained regulatory approval to continue with certain limitations. I intend to seek advise from a US based tax advisor, in order to make the most suitable arrangements.

Very grateful for your time and clear reply.

Our joint sponsor has an income of $20,125, I believe but do correct me if wrong that the minimum required income is $21,137 for a sponsor with 1 dependant?

If the above is correct, can I use assets to make up the difference?

7 minutes ago, Jorgedig said:

From USCIS.gov:  If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

 

This, and more info is located at:  

https://www.uscis.gov/greencard/green-card-processes-procedures  See 'Affidavit of Support.'

My wife has lived in the UK for 5 years (4 years at submission of the I-130), would living in the UK for 5 years be considered temporary?

We do not own any property in the UK and have limited ties, it would be difficult to evidence the UK as a permanent domicile.

We have no way of showing that she has domicile in the US until we actually move back.

So, are we flogging a dead horse even trying?

4 minutes ago, Jorgedig said:

Okay.  It is my understanding that there is still a requirement (post-petition phase) for her, as your petitioner, to show intent to domicile.  Examples of how to do this are available here on VJ.

Do you know where to look for the examples? I thought I had read every guide available.

We assumed that applying for a visa would be intent on its own, I guess I would be curious as to why anyone would subject themselves to such a process and cost if they then had no intention to actually reside in the country?

Just now, Jorgedig said:

Of course she can.  But if she is sponsoring an immigrants, there are requirements that she show intention to establish domicile.  Please read about this requirement.  I am not sure how strict it is for London, but for other embassies, (Montreal for example), it is quite strict.

We are a family unit and intended to move to the US as such, having 3 small children limits options in that respect. We were just going to rent a property close to family in south Florida, with the view to buy in 24-36 months.

The petition has been accepted, I have just held off completing the online submission and booking interview because our sponsors income is too low.

Very grateful for your fast responses and help, it is a trying time. My wife is absolutely sick of the UK and wants to be home, I on the other am quite happy in the UK but will do whatever will make her happy.

Just now, Jorgedig said:

So what is her plan for meeting the requirement to establish domicile?

Can my wife not just move back to her home country?

10 minutes ago, milimelo said:

What do you mean same employment? Only works if you’re continuing work for the same employer but in the US (if they have offices there). If not and you’ll be looking for a job, then no it wouldn’t qualify. 

 

What’s the USC petitioner doing? Moved ahead and found a job (or two)?

Yes the same employer, I work remotely. We do not have a registered office in the US though, would that be an issue?

My wife will not move back without me, we have three small children and she is currently a stay at home mum so it is just not viable to move separately.

The biggest issue we have had is explaining to family the sponsorship requirement, they have either had an issue with disclosing personal information (income) or the potential legal ramifications.

Although I earn a generous income and support my family, I can also understand someones hesitation to be a sponsor. Lots of scary claims of suing for support etc. 

11 minutes ago, USS_Voyager said:

You will be employed by the same company in your home country even after you reside in the US?

Yes same company, same role.

Our petition was approved in February but unfortunately the joint sponsors income is too low.

We are unable to find an alternative sponsor as other family members are not happy to share personal income details with us (understandable, i wouldnt be comfortable with others knowing my income).

It has always been intended that I would continue in the same employement once in the US, could my income (as the beneficiary) be factored into the equation?

We found the following on nolo.com

" Alternatively, a sponsor might be able to bring his or her income up to the required level—rather than rely on a joint sponsor—by adding the would-be immigrant’s income to his or her own. This is only possible, however, if the would-be immigrant’s income will continue from the same source after he or she gets the green card. "

6 minutes ago, Wuozopo said:

Your wife answers for herself. She is the primary sponsor. She makes no mention of aunt. In first section wife is 1a The petitioner.

 

The aunt answers for herself. She is the sponsor on her form. In the first section aunt is 1d. Only joint sponsor.

 

See a little edit I did in my first post about  aunt's household size.

Yes I see that. Aunts income is sufficient to cover her children and me based on 125% of the poverty line. 

Thank you for tour help, we do appreciate it. 

Thank you Wuozopo. 

Aunt is single. 

On the I864 it asks for sponsors name. When we complete my wife's do we enter her or her aunt as the sponsor? Think it is page 5 on the I-894