Unknown1983

Nothing I am saying is intent, I am just asking questions. There is no harm in asking questions. Plenty of people come to this country and get married, then file AOS..so I see no difference. The fact that my marriage has been in tact longer, and that we have lived in another country together, would show our marriage is true..and not a fake for green card purposes.

We have in no way decided where we want to live, obviously not as I hold I UK VISA. The only reason I am in the US is to have my son, because the hospitals near where I was in the UK are not satisfactory..and I didnt feel comfortable. My husband plans to come for the birth in Nov to visit. And thats all that will be said at the POE as its the honest truth. I dont know whether I will go back to the UK with him, or just stay and sort something else out. I dont see how an immigration officer would see fault in this, as I can show proof of a valid UK visa..this is actually my second UK VISA, as I was a fiance before.

I know AOS is tricky and you need proof, but other than the IO thinking we intended to immigrant..there is no reason for denial otherwise. I could possibly be eligible for DCF via London..but I am not sure as I am currently in the US and having a child here. I am researched that as well, but cant find any 100% answers..as there are some indescrepancies and holes in that process also. I will check out that thread you speak of...

I am the USC currently in the united states pregant and due to give birth in Nov. My husband is a UK citizen, and plans to attend the birth of our son in NOV via the VMP. I also currently hold a spouse visa for the UK, just to let everyone know. We have not really decided what we want to do, as far as to live in the UK or start the US process.

If he comes in NOV just for the birth as a visit, and at some point we decide to just stay here...can I file AOS for him? Will this not be allowed as we are already married prior to him entering the US? Of course he would have no intention to immigrate at the POE because its just to be here for the birth and we have no idea what we are wanting to do. Also we would make a decision before the 90 day expiry date.

How long does AOS take? Like I said these are just questions, as I read alot about AOS from people who married inside the US then just stayed. But I havent read much on cases where the people were already married. What is the denial rate? I have read things on bans if he were to get denied, but is this only after long term overstays? Or does that apply to short overstays..say about 2 months? Or would he never be considered an overstay as he applied for AOS prior to VMP expiring?

sorry for all the questions, we are just trying to figure out our options. I am aware of the CR-1 visa and what it entails...but we are trying to stay together..for our son. Thanks!

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Expedites are incredibly rare and reserved for life/death situations or imminent deployment to a combat zone

Do any of these apply to you?

No they do not..I was just curious. As I am currently pregnant and didnt know if that qualified, I figured it didnt..but thought I would ask.

I saw something on the USCIS about expedited service. Who can use this service? How fast does it speed up the process? Thanks!

I am a USC married to a UK Citizen. I have an opportunity to possibily bring my husband to the US through a work visa. Once he arrives via this visa, could he then adjust status to CR-1? Does he have to work for the employer for a specified amount of time? Will he be denied a work visa because of his marriage to me? I was looking online at the USCIS website but was confused as to how this works. Any help would be greatly appreciated. Thanks!

I have read the London Embassy's website, and I can prove the residency requirements. I was just curious if anyone in a similiar situation has tried this.

You can mail it to London as well. Then you just have to make sure your residency in the UK is proven well and you can prove your an USC. This can be done with the following

Proof of UK Residence: The U.S. petitioner must

provide evidence that he/she has permission to live

and work in the United Kingdom. Submit a copy of

one of the following:

Appropriate UK Entry Clearance Stamp(s); OR

If Dual National, EU Passport – photo page; OR

U.S. Military PCS orders assigning you to the UK.

Proof of US Citizenship: You must submit a

photocopy of one of the following:

Valid US Passport - biographic photo page ONLY;

OR

State-issued Birth Certificate; OR

Naturalization Certificate

http://photos.state.gov/libraries/164203/dhs/i130-checklist_for_spouse.pdf

Hope this helps

Yes, that is all what I read on the London embassy site. As I can prove residence in the UK, I can still file for DCF, even though im visiting the US. I hold a UK visa, which they show is substancial proof of residence, as well as NHS system letters going to my hubbys residence. And of course proving my US citizenship is easy to prove, through birth certificate/passport biometric page. So technically I qualify for DCF, as I have resided/still technically reside in the UK..and have been as such for over 6 months.

Yes, that is all what I read on the London embassy site. As I can prove residence in the UK, I can still file for DCF, even though im visiting the US. I hold a UK visa, which they show is substancial proof of residence, as well as NHS system letters going to my hubbys residence. And of course proving my US citizenship is easy to prove, through birth certificate/passport biometric page. So technically I qualify for DCF, as I have resided/still technically reside in the UK..and have been as such for over 6 months. And once they approve the petition my part is done as far as being obligated to stay in the UK anyway. So I can do all this without going back, which will save money, and I will get to have my baby in the states

After extensively reviewing the London Embassy website, it does not state that I will have to be at the embassy at any time. Even on the i-130 checklist they provide, it has a mailing address to where you are to send your petition. My proof of UK residency is simply my visa/entry clearance, and I only need to submit a photocopy for proof. Sounds like I may be able to file the petition by filing it out, sending my hubby the petition/documents, and having him put it through the royal mail service.

Here is a direct quote from the US embassy site in London:

"Please note: Petitions for Alien Relative (I-130) and Petitions for Amerasian, Widow(er), or Special Immigrant (I-360) must be filed by mail. These petitions cannot be filed in person. Read more about filing petitions.

Mailing Address - From the United States

USCIS Field Office - London

Unit 8400, Box 26

FPO AE 09498-0026

Mailing Address - From Outside the United States

USCIS Field Office

American Embassy (DHS/USCIS)

Post Office Box 2444

London W1A 5WT

Physical Address for Express Delivery

USCIS Field Office

24 Grosvenor Square

London W1A 1AE

Yet, I would still like to hear from an UK DCF filers, as to if they had to go to the embassy at all?

When I did DCF in Ireland, my USC husband didn't need to go to the embassy either, it was done via mail. I believe that this may have changed in most countries though, and the USC needs to go to the embassy in person to file the I-130 (to prove they are present in the country). You could ring the embassy and ask, or check with some recent UK DCF filers here on VJ. If you can do it by mail, then you MAY not need to go back, but if they check up (unlikely) and find that you are no longer in the country and do not intend to return until at least your child is born, if at all, that may get you in trouble. If I was you, and not too far into the pregnancy, I would return, just to be on the safe side. But I am not you

I havent read anything on the embassy website. I am just trying to figure out what to do. I really do not want to have my child in the UK, I have a better support system here..and its cheaper. Its cheaper for my husband to wait it out, and come after the process...versus spending money for 3 tickets..when it could just be one.

As the others have said, you need to be in the UK for the process, at least the beginning of it (= filing of I-130). But you can move to the USA as soon as that is done, you don;t even need to be officially resident abroad after the I-130 is filed. So if you feel up to it, you could arrange for the embassy appointment (check with other UK DCF filers for details of timelines and procedures, as every embassy is slightly different), fly back to the UK for a week or so to get your part of the visa process done, then fly back to the USA.

It does not say that I have to go to the embassy at any point during the entire process, so why would I need to go back to file an I-130. Couldnt I fill it out, and send it to him, to send to the embassy? Isnt it all done by mail? I know I do not have to go to the interview, so how would they know im not "residing" in the UK. I hold a visa, and still hold residence there. Currently I am just visiting the US as far as they know.

I am the USC, my husband is a UK citizen. We have been married since June 16th of this year, I have lived in the UK since January 1 of 2010. I previously held a UK fiance visa, and currently have a UK spouse visa. I am currently in the US visiting family. Can I file for DCF with the London embassy from within the US? I can show proof of UK residence, as per my passport visas/NHS letters/Housing. Would I have to attend any interviews, or just my husband? I am thinking about staying in the US to have my baby, and filing for my husbands DCF from over here if I can. I am eligible as I retained residence in the UK, over 6 months. But would me being in the US during the process effect anything?

"Of course there are some cases of people being refused entry but most people from the US don't have a problem using the VWP to visit at any stage of the immigration process."

Do you mean the UK, as my husband is a UK citizen and would be coming to visit me in the US?

Hello. I have been reading lots of information in the forum in regards to traveling to the US, while an I-130 is in process. Here is my scenario and my questions:

I am the USC, married to UK citizen. I hold a spouse visa for the UK, and I currently about 6 months pregnant. I am currently visiting family, alone in the US (texas), and debating whether to go back to the UK, or just stay and file for my husband here. I know of the quicker DCF process, however...I am very weary of having my child in the UK as my local hospital was not so great, I know we can live better financially here in the US, and we had originally planned to move back to the US at some point anyway. The more I think about it, having to do the Birth notification, getting a passport for the baby, flying with a baby...is all just nauseating to me. When I could stay here and get us set up, and wait out the CR-1 process.

My question is:

If I file the i-130 now, can my husband come to visit for the birth of our son through the VWP? I dont know how the IO's will take this at the POE. We have no intention of jumping immigration rules, as I want to follow the law..but want him to be able to see his child born. I just want him to come over to see the event, stay a bit, probably less than a month or two...then go back to the UK, to await interviews and such. I read you need proof of ties to his country. Would a checking statement, unpaid loan documentation, be sufficient? He could probably also get a work letter saying he is employed and due back. Or do we need something else, like a copy of the I-130 to show we are going about immigration the legal way?

I know the CR-1 process is maximum 9 months, and I dont want him to have to miss his sons birth. Does anyone have any experience in this?

yeah this is a better question. my address is currently the same as my fathers and we intend to live with him for a little when we arrive to the states.

sounds like we are both seeking the answer to the same question. Hopefully someone can help us I have recieved conflicting information, some people say us 864a if you are going to live with them, others say its 864 cause you arent living with them yet.

If your co-sponsor lives in the same household as you, they would file the I-864A. If living separately, both file the I-864

Would you file an I-864a if you were intending to move in with your cosponsor on arrival? Or would it still be 864, as you do not currently live with them?

I understand that it calcuates continueing income as well. My question is that her current incoming funds are from unemployment benefits, and will that be an issue? Last years income is well above the criteria, and even with the funds from unemployment--those alone are above the requirement. I am just not sure as to whether they will allow her to sponsor, as she is currently not "working".

With the document checklist for the form, it states all that is needed are tax returns & assets. However, if the tax returns show above the required amount, wouldnt that be all you need to submit? In addition, she rents her home..from my sister who owns it, and does not have any stocks/bonds/or assets..other than what is in her bank account. So would she need to submit bank statements as well?

LOL well like I said, I'm no expert. That's how it was explained to me. Initially when I began this process I was going to use an immigration lawyer to assist, because I was so overwhelmed. The info I wrote, came from him. He turned out to be too expensive (and as it appears to be...WRONG!) So I just did the forms myself instead. Sorry if I've made a mistake!

Its not your fault, thats what these forums are for! Its all very confusing, I wish the US process was as easy as the UK. But unfortunately its a bit more complicated. I have continued to research online, it will all come together in my brain at some point. Yet I am certain now after reading anyone can be a sponsor as long as they have the funds, you just have to figure out the appropriate funds. So if we are intending to move in with my mother, she lives alone. She would need the 1-864a instead? Even though I dont currently live with her? I guess that would make sense because we will be joining her...but we are not yet part of that household composition. When she fills out this form, how many people does she state? Myself, my husband, my son, & herself...or just herself & my husband? Ugh..I hate these things.

I know this sounds like a silly question, but I am just confused because the 1-864 guidelines base the ability to co-sponsor someone by past years income. I was going to get my mother to sponsor my husband, hubby and I both live in the UK, but I want to go back to the states. I am a US citizen. My mother shows on her past years income tax 2009, earning well above the necessary income level. However, her company went under and she is now on unemployment, and searching for another job.

My question is: does she still qualify to sponsor, simply based on last years tax? Will she have to provide current employment information, nothing except the tax returns, or tax returns and unemployment funds?

I also made above the income requirement, based on 2009 tax returns, but currently have no employment as I came to England on a visa that stipulated no work allowed.

Basically, I need to know whether I should even bother using my mother, or secure an alternate sponsor, like a sibling. Thanks

I have never read that about the co-sponsor having to live with you?? We do plan to move in with my mother when we first arrive back to the US, and she does still get my US mail at her address. I am not sure if that counts or not. I do have a sister who could co-sponsor possibly that lives at another address. I have done alot of reading on the US Embassy website, and I dont know how I misinterpreted the information about co-sponsors. I remember seeing something about a household sponsor, then another section in regards to other sponsors who dont live with you. But I assumed the household information would be regarding myself, my husband, and our son. Who told you that you could not use your father? Because it was my understanding in most instances people typically use some kind of family for co-sponsorship.

Thanks for the information, I will need to do additional research I guess.

I am a US Citizen, my husband is a British Citizen, and my son to be born in Nov will have dual citizenship. I am currently living in the UK under a fiance visa, that has now converted to spouse visa for the UK. I have been living in London under this visa with my husband since Jan 2010. I have been looking into the whole repatriation thing, coming back to the USA. I have mutiple questions on how to do DCF through London, and if that is even a possiblity for us. Was wondering if someone on here could answer a few things for me.

1. In regards to co-sponsor: I understand they need three years tax returns and to fill out the form. What else is needed as far as documentation for them? Would it just be based on last years tax income wages? Or do they calculate current income as well? Does this need to be notarized like the sponsors 1-864? Since I am in the US now, can I have her fill out this form, or does it need to be most current?

2. How long after the visa is approved and all appointments are done, do you have to enter the US? Is there a specfic time frame after everything is complete, that you need to enter the country or risk having to apply again?

3. I am aware the charges are broken down into increments per form, does anyone know the current total charges?

4. And last, I understand to file DCF you need to have been in the UK living for at least 6 months. I have been in the UK under a fiance visa for that time, longer now as I am morphing into the FLR(m). What documents could be proof of my residence? I do not have any UK bank accounts, a job yet, or any bills in my name. Would my entire passport copied, NHS letters, NHS card, suffice? If not, what do I need to start obtaining.

5. Also I read on the US immigration site that you need an I-129f also, in combination with the I-130?

I want to start this process soon, as I am having a child in November, and would like to be back in the States by this time next year at least. Thanks for the help!