jhphi

Congratulations, Matt_UK! Best of luck with collecting all the bits!

Hadn't posted in a while since I've been working horrifying hours, but an update on our progress: we have our interview date for May 6! I haven't seen my husband since January so I couldn't be happier - that's not too far away! Do you all recommend booking for 7+ business days from the interview or just waiting it out?

Best of luck at the interview, Reow!! I bet you're so excited. Just popping back in to let you know that we (like several recent "graduates") also received the passport back three business days after the interview-- got to us at noon today. Are you thinking you'd at least wait till getting the interview day approval to book, or are you thinking of being extra brave and booking pre-interview? The courier said we should expect the passport in 3 to 5 days, but they also made a point to say that it was not guaranteed. We booked our flights for Friday, so we're very glad it arrived today.

On another note, has anyone heard from Jamie and Tati (londonhornet)? I feel like a stalker, but am just hopeful that the interview went well for them.

I am a US Citizen and my husband a UK National. We filed the I-130 back in February and got the approval in late March but are not sure what to do next. Most everything we've read says that the embassy will send a packet of information on the next steps but we still have not received anything from them. Anyone know what comes next?

Hi dragonflysky,

Just to confirm: are you both living in England, and filing for the CR-1/IR-1 direct with the consulate (DCF)?

If so, have you received your "Packet 3" letter yet from the Immigrant Visa Branch, with your husband's case number at the bottom (will start with LND)? This letter is called "Packet 3" but you don't receive a big packet of forms-- it's simply a one-page letter that includes web links on where you can find the information and forms that you need. You need to fill out and return the DS-230 Part I. You'll also need to collect all the documents required on the DS-2001 checklist, and once you've collected them, mail back the DS-2001 checklist to alert them that you have the docs in your possession and are ready for the interview. They will then schedule your interview appointment and send you a letter (Packet 4) with the interview date. The "Packet 3" letter also has a link to instructions on how to book the medical exam.

Here are the links:

http://london.usembassy.gov/cons_new/visa/iv/ds2001.html

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

Or, have you only gotten the NOA2 approval letter, which says that your approved petition has been forwarded to the London consulate? If so, you may need to call/email the embassy to find out why the Packet 3 (with your husband's case number) hasn't been sent to you. Normally, the Packet 3 letter follows the NOA2 letter by about a week or two, so you should've received it by now. You'll need your case number to book the medical.

Hi Guys,

Congrats to everyone who is progressing. I have a quick question on the interview front. Do both of you have to be there? I thought it would just be me needed as my wife will be in the US already, but a previous poster has got me thinking do we both need to be there for her to talk about proving domicile, and ability to cover financially.

Also at what point can she head home, is it after the I-130 has been approved?

And finally, if we change address during the process is that going to complicate things? Our lease runs out in August, and so i was hoping to stay with friends in a different address but will this cause problems with correspondence from the embassy.

Many thanks

Simon

Hi Simon! No, you both don't have to be there-- no requirement for both of you to attend.

If your wife will already be in the US living at your interview time, that's a great way to show that she's re-established domicile. If you're worried about getting questions at the interview, you could bring documents such as a lease agreement where you wife will be living, scan of her valid US driver's license, print-out of a US bank statement, letter from her employer stating that she is in good standing). But the fact that she'd already be back permanently residing there would I assume make a bunch of additional domicile proof unnecessary.

For the financial support side of things, she will just need to provide you with all the necessary forms such as the I-864 and her tax information. Is she your only sponsor, or do you also have a joint sponsor? I am the only sponsor for my husband and here is what we provided at the interview: signed I-864 form, letter from my US employer confirming US employment and listing current US salary, 2008 IRS tax transcript and full packet of 2008 tax info, plus my "intent to re-establish domicile" packet. I also brought my 2006 and 2007 tax transcripts, but was not asked for these. If your wife will be using assets to prove ability to support, you will need to provide the evidence of these assets. If you are having joint sponsors, you will need to provide all necessary forms from them as well. I didn't get any "tough questions" at the interview, so I'm sure my husband could've handled it on his own, provided he had all the forms they asked for.

I've heard two things about when she can head home-- I'd first heard that she can head as soon as the I-130 has been filed, and I've more recently heard that she needs to wait until the I-130 is approved. So I don't have a "firm" answer for you, unfortunately, but hopefully one of the experts will come by and clarify that point for us.

For the changing address question, can I just ask what your general intended timeline is, for when you intend to file and when you would like to move? You will be able to notify them of your change of address, but it may not even be an issue if you're filing soon. You can put a different mailing address on the DS-230, and also on the sheet that asks where you would like your interview letter sent.

jhphi - How strange about the tax forms. I had three years of tax transcripts and this 2009's hand written one. I was expecting to have the interview before my taxes were due this year, so I only had print outs of the W2s (my dad had scanned and emailed them to me). They didn't have a problem with that. I did have zeroxes of my dad's returns, as we don't have employment lined up when we move. She looked through your packet of domicile? My guy only needed one thing, though I handed over two and my letter of intent. I had dozens of documents, but he didn't want to see them.

I'm glad your day was so quick.

It was strange! I'm still confused about the whole "so I guess I'll just need to add these numbers up" thing that she said about the tax transcript, as it has everything like the Adjusted Gross Income laid out clearly. I didn't press the issue with her when she said she needed to see the 1040, as I didn't want to ask too many questions and annoy her (haha), just simply brought out the huge pack and slipped it through the window, and that seemed to satisfy her as she moved on to other things. She did keep the full tax packet, though, as well as the transcript. Perhaps if I'd pressed the issue further, and not had the "backup," she would've ended up being fine with just the transcript.

The woman at the first window asked something like "what else have you brought for us" when we were going over the affidavit of support items, so I handed her the little domicile packet I'd made (cover sheet on top, stapled to supporting materials, less than 10 sheets in total), and said something about how I wasn't sure what exactly to bring, so I just brought a selection. She said something positive about how it looked like it would be what they needed. At the interview window, the woman gave it a look through, and asked me a couple of questions about the employment letter, but she didn't ask for anything else to prove domicile, other than what I'd provided, so I guess what I brought was fine. I didn't want to get flustered when being asked for domicile docs, so that's why I decided to just staple together a quick domicile pack.

...

My interview date is May 28th which is 5 weeks today so hopefully I will be there with hubby in 6 weeks

Stacey

Congratulations on getting the interview date letter! All the best wishes for a swift arrival of May 28th!

Hello all! Just wanted to update-- my husband had his interview today, and was approved-- very exciting! So now we just need to wait for the passport to be returned, which they said would take 3-5 days. We hope to fly next Friday, so we're crossing our fingers that it doesn't get held up!

Just a quick write-up of the day. Overall, it went very smoothly. We got there at about 8:15 (we were in the 9am appt block), and there was no queue for us (only for the student/camp groups). I was a dummy and forgot to leave my electronic car key fob at the hotel (oops!), so of course that was picked up when my bag went through the scanner (Doh!), so I quickly went and checked it in at the pharmacy down the street (kicking myself for forgetting, but there had to be one snafu I guess). We got into the embassy at 8:25, and we were 7th in line for the I-#s. We waited for about 45 minutes, then were called over to window 14, where we gave all the forms and answered a few quick questions, and then we were sent to #12 to pay the fee. We returned to #14, and she gave us the pink form to fill out for the courier, then sent us to sit back down and wait to be called for the interview. After about another 45 minutes or so, we were called to window 16 for the interview.

The interview went pretty smoothly-- the only little hiccup was that the woman didn't seem to like the IRS tax transcripts that I brought, so it was a good thing I'd also brought the full printed 70-page tax return. That was the only bit that surprised me, as I'd read that if you get the official tax transcripts sent from the IRS, you didn't need to bring your 1040 and W-2s. When we walked up for the interview, she said "everything looks in order, the only problem is that I don't have your tax information, your 1040 and W-2s." I explained that she had the official IRS transcript there with my documents, and she looked quite unsatisfied when she was flipping through it, and said something like "So I'm going to need to just add all these numbers up?" I then just brought out the whole huge tax return packet I'd brought just in case, and that seemed to make her a lot happier, as she didn't ask any more questions about it.

I'd written up a quick domicile letter (thanks elmcitymaven for the example!) and attached things like my US bank accounts, US drivers license, letter confirming US employment, email correspondence with realtor setting up meeting to look for houses. She looked over the packet and questioned the wording of my employment letter a bit, but no major questions. She then just asked what date we intended to fly, and we told her we'd be booking the flight as soon as the passport was returned, and that we hoped to fly by the end of the month. Then, she said "OK, I'm going to go ahead and approve your visa," and we went off to the courier desk to make the arrangements for the delivery.

We were out of the embassy by 10:30-- the day went quite a bit quicker than I was expecting! All in all, a successful day!

Thanks to everyone on VJ for all the help and support as we've been going through the process!

That's great news about the passports, Jenny! I hope ours get back as quickly as yours-- that means we could have them on Tuesday of next week! (Which is good, because we'd really really like to fly on Thursday or Friday.) Fingers crossed!

Hi englese! I'm not sure about that, but it might be worth having a browse through some of the recent UK DCF timelines, to see if there are any patterns (everyone receiving at end of month, etc.) It seems like in this thread, people's notifications and news have trickled in bit by bit throughout the month, but I haven't really taken specific notice of dates.

If it makes you feel any better, that bit you're in is the WORST waiting bit. It gets easier

Steve,

Is it possible for your wife to just accompany you on your POE into the US, in order to fulfill this requirement? I've read here on VJ that it is not required that she (or you) STAY in the US continuously immediately after your first entrance (although after this entrance, you WILL be considered a permanent resident). You could both fly over for your POE and have a summer holiday in June/July, and then return to the UK, where you can continue to work for a couple of months while arranging for your US interview dates. You can fly back to the US alone for your interviews, and then move the family over for good once you have secured employment in the US and finished up your work in the UK. As long as you make the final move in a reasonable time frame, I don't see why you would have a problem. How long are you anticipating the job search will take?

Obviously, you should not look on this as a long term arrangement, as you must make sure you maintain your residency status, but I'm certain I've read on VJ before where someone did this same thing ("activated" the visa with spouse at POE, but then returned to the UK for a short period of months to wrap things up before making the ultimate final move.)

HI there. In London, we only send the DS-230 Part I and the checklist, and save up all the other docs to show at the interview. But I'm sure someone filing at your consulate will come along and help you shortly, to confirm if this is the case for Montreal. Best of luck!

Thanks for coming to visit us, ohlpomr!

I think reading your posts has been very useful as your journey helps show those of us still in the process how to handle problems/stumbling blocks. For example, if you hadn't had success calling to get your interview date changed, Hokie97 may have never known that she could call and ask for an earlier interview date, and she would still be sitting around waiting, instead of getting approved on Friday. Plus, your experience at the interview is a really good reminder to all of us awaiting interview to make sure we prepare our proof of intent to reestablish domicile. Some people have said that London is being more strict on that issue recently. My husband definitely now knows what to anticipate being asked, and how he should answer.

Fingers crossed that they send over your approval soon, after they get all your domicile docs! Good luck!

Congratulations Hokie97! That's great news, I was thinking about you yesterday, and eagerly checked in this afternoon to see if there was any news from you or londonhornet. Thanks for the thorough review-- I'm happy that everything went smoothly. Will you please post it over in the UK DCF Thread, to help some of the other London DCFers? Also, would you mind updating your timeline again when you actually get the passports back in hand, as that's very helpful information for those of us who want to move ASAP after the interview.

Yay! Have a great weekend!!!

Actually jhphi it is an absolute requirement - it's that fine line between reestablishing domicile and being domiciled - you really are not domiciled unless you are physically there or your principal residence is there (think, have only been out of the U.S. for a few weeks, for instance)

. . .

Thanks trailmix for your helpful response-- I was hoping one of the experts would come weigh in for the OP! After I posted my first response, I got to thinking more about the whole domicile question, and I wasn't 100% certain if I had answered correctly, or if I had been too "strict." I was under the impression that you could be considered domiciled in the US without being physically present in the US (what I meant by saying it was not an "absolute requirement," which was a bad choice of words), but perhaps this is just for things like tax purposes, and not strong enough for immigration purposes? I read through lots of your threads (gosh, you all have it so tough in Canada with this domicile issue!), and domicile is such a tricky one-- thanks for sticking with all of us new VJ members and helping us learn about these issues!

Hopefully one of the experts will jump in with some advice. I am wondering... since being physically present in the US is not an absolute requirement of being domiciled in the US, is it actually necessary for the OP's wife Sonja to accompany him on the POE? If she has maintained domicile in the US continuously, or can prove that she has re-established domicile before his move, must she physically be with him on the first trip?

I've always read that the non-USC must enter the US at the same time or later than the USC spouse. My concern would be at the interview stage-- she must prove that she intends to reestablish domicile in the U.S. no later than the intending immigrant. If they're not convinced that she's preparing to return to the US, will they delay your visa and require that she first show she's taking steps to make the move?

You're not required to all move over for good immediately, but from many of the threads I've just read here, it seems that she must at least accompany you on your POE, if she doesn't arrive before. Since your interview is at the end of May, could you make your US family holiday your first trip over? Early summer holiday? It seems like that would solve the problem, as you could enter together, then have your family holiday, then you go on to your interviews, and they return to the UK. And then you could travel back and forth to the US, for any interviews, and make your permanent move once you've been offered a job. It's your intention to move as soon as you can find a position in the US and give proper notice, correct? There are rules to keeping the permanent resident card, and I think you maybe can't be out of the US for more than 6 months at a stretch. Do you anticipate that you'll be able to move back (permanently) to the US within 6 months of your first entry/exit?

There is some helpful info on the Proving Domicile threads started by Canada DCFers-- they have a much harder time with the domicile issue than those of us in the UK. Here's a c/p from one of Trailmix's posts:

"If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant’s admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the intending immigrant’s application for admission or adjustment of status must be denied, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal application for admission at a U.S. port of entry on an immigrant visa or adjustment of status.

In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant’s arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph."

Sending out good wishes to Hokie97 and londonhornet, who are interviewing tomorrow! Good luck, all!

Congrats, uk2usa2010!

Yaaay visa and MBE came this morning . I am really happy that this is over. It took 7 working days after the interview. Good luck guys and thanks once again.

That's great news, Taavy!!!!! Congratulations!!!!!!!!!!!!!!!!!

It does seem to be very dependant on how well the I-130 progresses. A RFE seems to take about a week minimum to gather all the information and seems to add about 3 weeks on average.

What helped us avoid delay was preparing affidavits in advance, in anticipation of getting a request for evidence (I expected one as we'd only been married for a month when I filed the I-130). It sounds like getting a RFE asking for 3 family/friends statements plus a "couple" statement is quite a popular request. I would definitely advise that any London DCFers get these prepared at the same time as filing the I-130, or shortly after, if you're in any sort of rush. All it takes is getting three family and friends to write a brief statement, and preparing one yourself. Then, if you get that particular RFE, you can turn it around quickly and get the requested statements back in the mail that same day.

Keep us updated, Matt_UK!

Hi Jamie!

They'll have the DS-230 at your interview, and I'm sure you can modify questions 10 and 11 then, to reflect the correct current address where your wife lives and you'll be living. They'll need the correct address in order to know where you want your green card sent. Does you wife have her current address listed on the I-864 that you'll be turning in? If she (or your other sponsor) moves again in the future they are supposed to file a change of address using form I-865 within 30 days of moving.

Our interview is scheduled for about five months and a week after we sent our I-130. We got held up for six weeks due to the RFE letter getting lost on the way to us, but you should check out the timelines of some of the other London DCFers listed in this thread.

Hey Jamie,

If you want to create some sort of formalized lease agreement, there is an example in this thread: http://www.visajourney.com/forums/topic/248869-lease-agreement/ I've read that a lot of people who will be living with siblings/parents still mock up a formal lease agreement, to have it look more official. Not saying this is necessary in your case, but maybe Tati and your brother could edit this with their details, sign and scan and email over to you so you can take with you to your interview?

It sounds like you're going to be perfectly fine for showing that she's reestablished domicile. She's physically present in the US, you have a letter from her employer that shows she's started a new job, she has found a place to live, and has started to reestablish a financial record in the US. Proving domicile when she's already physically living and working there should not be a problem. Good luck for Friday! Please come back and update us soon after your appt, as I am going to be thinking about you and wondering!

If you have a letter from her employers, stating that she is working for them at that location, I would think that would be perfect, excellent proof of her living in America. Is she living with a friend currently, or does she have any sort of tenancy agreement there that you could show? Or, evidence of looking for an apartment (printouts of internet listings, etc) to say that you are waiting to look together for suitable housing once you join her in the US? The officials understand that not everything is set in stone when you're filling out the forms months in advance, and that you cannot predict exactly where you will be living before making the move. Has she opened a bank account there yet that you could show?

Can anyone advise whether or not I have to take a form I-134 (completed or not) to the interview?

Hi! The form that's required for our situation is the I-864. The instructions for the I-134 say do not use form I-134 if the alien being sponsored requires form I-864.