biggish data

Thanks for your reply, Anh map. That is good to know that the tax thing could be clarified that rapidly as that was a whole issue I had been completely blindsided by and I don't actually know the way forward with that one. I think I might make my husband research the whole tax thing as it seems like a minefield to me.

LauraDP

Female

United Kingdom

2012-07-30 14:22:00

Thanks, everyone. You are all being incredibly helpful and generous with your knowledge. I feel like I have gained more insight from being on here than I have from wading through various official websites.

I think the process I would be going through is the CR-1 rather than K3 as it seems like there are fewer hurdles with the former and the smoother the process the better. My Consulate (Edinburgh, Scotland) does not do the DCF thing (indeed they don't deal with immigration at all) so I would have to go through the Embassy in London. That should not be logistically problematic. I need, however, to get to grips with this thing about evidencing intent to re-establish domicile - but that is for another thread.

The taxation thing is intriguing. I had not countenanced that being an issue at all. Chris pays tax in the UK as this is where his employment and residency is. Do I understand that he will still have to file with the US tax service or would they accept evidence of his being taxed here in the UK? It seems unfair that we have been paying taxation in one country just for another country to ask us to do likewise.

I believe that while I file the CR-1 for myself (is that correct?) Chris has to file the application (is it the I-130) for each of our four sons. Would all five of us be able to use the same co-sponsor? Chris does still have family in the US as his Aunt, Uncle and cousins and their families all live in California. We would be intending to settle in either Virginia or Maryland but I assume our sponsor being in a different state would not pose an issue. Does the co-sponsor have to provide evidence of their ability to support us to the sum quoted above?

I think perhaps this thread is becoming a bit too specific for an introduction so I shall go ahead and repost a couple of these queries in separate threads.

Thank you again for your responses.

Cheers

Laura

LauraDP

Female

United Kingdom

2012-07-30 13:56:00

Thank you for the warm welcomes.

Nick1980 - We are at the very beginnings of this process and actually have a one to two year plan to emigrate to the US as there are a lot of factors we need to weigh up to decide if it is even a good idea for our family. I need, however, to investigate the whole legal issue of immigration for myself and our four children as part of that decision-making process.

Anh map - To answer your question, my husband does not file US tax returns as he is permanently domiciled in the UK and has been for his entire professional working life. He has been living back in the UK since 1992 so it has been a long time since he resided in the US. He does not, therefore, have a US address or a US bank account. These are all "issues" that I was hoping to gain some clarity on through some research and, I hope, being part of this forum.

So would Chris (husband) have to move to the US first and establish a domicile, have employment etc before the children and I can begin to immigration process? If that is the case then the idea of emigration becomes pretty much impossible as we could not afford to run two residencies let alone the logistics of splitting the family up.

The intention would be for us all to move at least roughly at the same time, though there may be some scope for Chris to relocate first but only for a short period before we joined him. Do you think that would be impossible?

Thanks again for the warm greetings.

Laura

LauraDP

Female

United Kingdom

2012-07-30 10:17:00

I have just registered with the site so thought it only polite to introduce myself and outline my situation before ploughing into the more specific discussions.

As my username indicates, my name is Laura. I am a UK citizen. My husband (to whom I have been married for 16 years)is a dual national UK / US citizen. He was born in the UK but has an American mother. As a dual national, he has not been able to pass his citizenship on to our four sons and so they too, like me, are UK nationals. My husband wishes to return to living in the US - where he grew up - and we are now seriously considering making the international move. I, therefore, need to get to grips with the process that the children and I will have to go through in order to be permitted to reside in the US and - in my case - work there.

If anyone else is in a similar situation and at a similar (ie very early) stage of the process then I would love to hear from you.

Best wishes

Laura

LauraDP

Female

United Kingdom

2012-07-30 09:54:00

Evidence of Intent to Re-establish Domicile

We have briefly looked into DCF and established we could not do it at our Consulate in Edinburgh but can do it in London at the Embassy. What I cannot seem to ascertain is to what extent the DCF process would speed up the process, what the difference in timeline would be. I will certainly check out the DCF forum when I get time later today - my kids are at me to watch a movie with them right now.

Thanks again for all the advice.

Laura

LauraDP

Female

United Kingdom

2012-07-31 08:34:00

Evidence of Intent to Re-establish Domicile

Thanks for your responses and the link to the other thread.

We would be hard pressed to sign up to a rental agreement prior to selling our house here which we would not be able to do until Chris has secured a job in the US which he cannot do unless we are some way into the timeline for myself and the kids emigrating. Logistically and financially we could not make it work with him moving out more than a few months ahead of us.

If Chris was to have some sort of evidence that he has been networking as a means of then applying for jobs would that be enough or does he actually have to have accepted a position? I ask because he may well apply through a Federal Jobs clearing house and he has already got evidence that he is establishing the parity of his UK professional qualifications with those in the US.

Chris has family in the US but they are in California and our plan would be to settle in either Maryland or Virginia (as Chris' plan is to work for Federal Government as that is akin to the job he does in the UK). Would the family in CA still be able to provide some sort of evidence? Alternatively, we have a good friend in the US who Chris could stay with when he goes out in advance of the rest of us. He rents, however, so would a letter from him stating that he is allowing Chris to live with him as a guest be enough? It would be once Chris moves over that we would sell our own house and Chris would look for somewhere permanent for us to live.

We have a loose plan to visit the US next year on vacation so I assume it would be possible for Chris to open a bank account in the US since he is a citizen and has a SSN. How much would we have to deposit, however, for the bank account to be evidence of intent? We would not be able to shift a vast sum from our UK account since we need that money to a) live off in the interim and b) fund our immigration both in terms of paperwork and shipping.

I don't mind telling you that I am feeling a bit despondent about this whole process and we are still at the very early stages. I don't know how we can ever make this work logistically, practically and financially since it seems we have to commit everything we have to an insecure plan since we cannot be certain of Chris getting a job that pays enough or of the kids and I being granted immigration status on the right timeline if at all. Did all of you feel like this at first? I am so overwhelmed by the dense beaurocracy of it all. I get that no country wants to let people in willy nilly but the information is so hard to process and grasp.

Thanks again for being so kind as to answer my queries.

LauraDP

Female

United Kingdom

2012-07-31 04:15:00

Evidence of Intent to Re-establish Domicile

My husband is a US citizen but has been resident in the UK since 1991. My four children and I are UK citizens.

It seems that one of the things my husband will have to do is provide evidence of an intention to re-establish domicile in the US. Logistically and financially it would be almost impossible for him to move back to the US first of all and then have us join him, making him accepting a job prior to the completion or near completion of the immigration process for myself and our children problematic. Is it possible to demonstrate intent in some other way than having employment in the US? It may sound lame (I am sure it does) but would some sort of statement or declaration of intent be enough? We would not want to commit, for instance, to a rental agreement without my husband having gained employment in the US and we could not enrol our sons in school in the US until we knew where it was we were going to be resident (ie county or school district). However, nor can my husband accept a job in the US without knowing that the children and I would be accompanying him or, at the very least, following behind a short while later yet, if I am understanding it correctly, the immigration process would have to have begun a good while earlier.

This feels a bit like being stuck between a rock and a hard place.

I would love to learn a bit more about the evidencing of an intent to return to the US from those of you who have been through this part of the process already.

Thanks in advance for any replies. I assure you they will be most appreciated.

Laura

LauraDP

Female

United Kingdom

2012-07-30 14:29:00

Visas for Spouse AND NonUSC children

Is that really the case that the kids would become dual nationals? Even though my husband is himself a dual national? From my reading it seemed to suggest that naturalisation in the US required the kids to revoke their UK citizenship. I shall need to investigate that further, though it seems like it might actually be a more complex route than even the I-130 anyway.

Thanks for your response

Laura

LauraDP

Female

United Kingdom

2012-07-31 08:37:00

Visas for Spouse AND NonUSC children

I apologise for not making our context clear in each post. I appreciate that not everyone is, of course, going to read everything I write so I should have explained the status of my children in this post.

Our children are not entitled to USC status as my husband, a dual national, is not able to pass his citizenship on to them as he was not resident in the US for long enough - annoyingly he just missed it by a couple of months. We have the option to naturalise them as USC but would have to do that once in the US - it can be started at the Embassy but not completed - and so I think the I-130 process might actually be easier. There is also the risk that they give up their UK status and I do not get immigrant status or we otherwise find we cannot go to live in the US and things would then be very problematic for our kids living here in the UK as foreign nationals.

It is, therefore, the case that my husband has to file the I-130 for both myself and the four kids. (I misread something earlier on that led me to think I had to file my own documents but, of course, Chris is the petitioner)

As I now understand it, from a bit more research on the interwebs last night, all applications from the same location and on the same date get bundled together so that means the kids and I should all get processed at the same time. That certainly alleviates some of my worries.

I think the first stumbling block we need to get to grips with is the evidence of the intent to domicile. We are not in a position where we can risk placing all of our eggs in one basket only to fall flat on our faces because something in the system glitches. We, therefore, cannot have Chris accept a job until closer to the kids and I being granted status - the maximum we could fund living apart would probably be three months - and, for that reason, we could not sign a rental lease agreement. Chris' family are in CA and we plan to settle in VA or MD so I don't know if they would be able to act as any sort of support. We have a friend in MD with whom Chris would initially be staying in the months before the kids and I emigrate but he would be there as a guest and not as a paying tenant since the friend is renting himself and obviously cannot then sublet - though I wonder if he could be placed on the tenancy agreement as a room mate - but I don't know if that would be enough. Can friends even count for this purpose? We have a loose plan to visit the US on vacation next year so Chris could probably open a US bank account.

I am in awe of you who are much further into this process than I am as, despite having two university degrees, my brain power is struggling with all of this. Thank you so very much for loaning me some of your knowledge!

LauraDP

Female

United Kingdom

2012-07-31 04:27:00

Visas for Spouse AND NonUSC children

I am a UK citizen, my husband (of 16 years) is a dual US/UK citizen and our four sons (all under 18) are UK citizens.

I am trying to get to grips with what order things need to be done in and also what the timescales involved are so please forgive me if my questions right now are quite basic.

I intend to file a CR-1 application for my own immigration and my husband will apply for I-130 immigration for our four sons. Will the USCIS cluster these applications together and process them simultaneously or will they be regarded them as individual applications? My concern with the latter is that the timescales will differ to the extent that the children are granted immigration status at a different time from me and create all sorts of complications for us as a family.

Does anyone have experience of applying for a spouse and children at the same time?

Thanks in advance for any responses.

Laura

LauraDP

Female

United Kingdom

2012-07-30 14:20:00

I-864 Form When Living Aborad

Thanks for the reassurance about the tax returns. He earns less than $90K and he is a qualified Chartered Accountant - hoping to be employed as an Auditor in the US - so I am going to make Chris do all of the investigation into the tax thing. It makes my brain hurt. I am not in paid employment at the moment, have not been for 9 years since our oldest child was born, so would it be beneficial for us to file as a couple or just him as an individual? That is something we will need to figure out. Thanks, by the way, for providing the links to the relevant IRS pages. That was a useful shortcut and I have bookmarked both for my husband to look at.

So as I understand it he can use his salary and tax records from the UK to fill out the US tax returns? Are you filing for three years or just for this past year?

Your list of domicile evidence is interesting and useful as it helps me begin to fathom things out. A friend has said we can use his address and even bunk with him short-term if required so hopefully that would be enough before Chris obtains a job and can, therefore, secure a rental for us (we intend to buy once we are all over there). My husband is a registered voter in the US for Maryland though he is obviously registered as a postal voter. Is it your postal vote registration that you are using as evidence? We may not have a contract with a shipping company by the time we submit paperwork, depending on the timescales, but we are already obtaining quotes. It would be tricky for us to enrol the boys in school(s) before we know what job Chris has obtained as that would determine what area we will be looking to live. Again, depending on the timescales (which is what I am struggling to fathom) we may not have listed our house here for sale or it may be listed and not sold. My husband left the US before qualifying to drive so he has no US driver's license. We will have to sort that out at some stage.

Does anyone know if you can sit the DMV test to get a license without being resident in the US? It seems logical to me that you would not be permitted to do so but if you don't ask silly questions ...

Thanks again for sharing your experience with me. Since we are approaching this from similar situations, your experience is very useful.

Best wishes

Laura

LauraDP

Female

United Kingdom

2012-07-31 10:37:00

I-864 Form When Living Aborad

We are in a similar situation and will be taking a similar route but are very early on in the process as we are only now looking at filing the petition and are trying to get timescales sorted out in our heads before we begin any of the processes.

My husband is the USC. We have been married for 16 years and have four children so we are assuming that the kids and I should be approved without very much hassle in terms of our relationship. He cannot confer USC status on our children as he was just shy of the requirements for period of residency in the US (why did my in-laws have to move so much!?) so he will be having to file I-130s for all five of us.

As he has only ever been in employment in the UK and has been resident here since 1992, he has never filed a US tax return. It never crossed our minds to do so. I have to admit that we are fearful of being walloped with an extortionate tax bill or some sort of fine for not filing. Does anyone know if this is likely to be the case? Would it be a case that he could submit his UK tax returns to the IRS? The whole tax minefield makes me judder.

Chris has relatives in CA who I am sure would file I-864s for us but the problem is that we would be looking to settle in VA or MD so I don't know that they could really vouch for us and certainly I cannot imagine that they would work as an address for "intent to domicile". We have a friend who may be willing to do it but he would only ever be able to offer a guest spot for Chris in his home if and when Chris has to move in advance of us. Like you, we have a young family, with four boys ranging in age from 4-9. It is really neither feasible or desirable for Chris to move out the US more than a few months in advance of us as we could not financially support two households. I would have to sell the house here and effectively become homeless for a period while waiting on immigration approval for the kids and I. Even the fact I would be having to sell the house, all our other property, arrange shipping of our possessions, close banks accounts etc all on my own while single parenting four young children makes it a really horrible proposition.

Anyway, I have no advice to offer since you are further ahead in this process than I am but I wanted to respond after reading to let you know that I understand your predicament because it seems the system is not really geared up for the moving of families which makes it even more complicated - so I empathise with your confusion and frustration.

Laura

LauraDP

Female

United Kingdom

2012-07-31 05:33:00

date of issuance and expiration

I have been told that the visas are valid for 6 months after the medical because the x-rays and perhaps some other information expires. Technically the visa itself is valid for 6 months and I believe you can even request an extension in extenuating circumstances but the medical means realistically it is 6 months unless you want to go through all that hassle and expense again. I understand where you are coming from because my husband will be petitioning for not just me but also our four sons so it is a real hassle trying to get the timescales to work out for all of us.

LauraDP

Female

United Kingdom

2012-09-12 08:11:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

We Got Approved :) November Filer

What wonderful news!! Congratulations to you both!!

We finally got a "touch" on Friday - after weeks of waiting, so we're praying it's the Approval letter and NOT an RFE ....

mrs_sdp

Female

Scotland

2009-03-01 07:10:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Touched, case not updated, approved!

QUOTE (DavChels @ Feb 27 2009, 07:22 PM) <{POST_SNAPBACK}>

I got touched last Feb 19th, then again on the 20th, but online status still says "Case received and pending." Today I opened the mailbox and there is our NOA2 paper copy! Approval date - February 19, 2009. Still no change in online status, never got an email. Called NVC and has already been forwarded to Guatemala City on the 25th. Don't trust the online status! Now I've got to get focused on the next steps!!!!!

Congratulations to you both!!

We had our first "touch" yesterday (with status still at received and pending). I have my fingers crossed that it's the NOA2 and NOT another RFE lol ....

Ohhh, I must make sure Steve is checking his mailbox every day

Good luck to everyone ....

Moira

Edited by mrs_sdp, 28 February 2009 - 06:26 AM.

mrs_sdp

Female

Scotland

2009-02-28 06:25:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

People with recent NOA2 from CSC

QUOTE (krystiandjon @ Mar 17 2009, 04:19 PM) <{POST_SNAPBACK}>

QUOTE (laura819 @ Mar 17 2009, 12:49 PM) <{POST_SNAPBACK}>

Can anyone who's gotten their NOA2s in this last week possibly share where the USC is from?? I am still hoping for mine this week, since a few January approvals have happened, but I live in Indiana so I am trying to figure out if its still a possibility mine is coming....Thanks

Ignoring all of the buzz kill responses you've gotten, our hardcopy NOA2 took a full week from approval to my mailbox and I'm in the middle of nowhere Iowa.

And just a reminder (you've gotten plenty of them, I know), getting your hopes up leaves you open to great disappointment. Good luck!

Yep .. Our NOA2 took a week to arrive as well. My fiance is near Iowa City and oh my ... isn't the weather warming up there??

mrs_sdp

Female

Scotland

2009-03-17 18:59:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

November '08 K-1 Filers

QUOTE (together-forever @ Nov 27 2008, 04:36 AM) <{POST_SNAPBACK}>

Welcome here on board....

HAPPY THANKSGIVING to all of you!!!!

Thank you so much!! You have no idea how happy we are to finally get here!!

mrs_sdp

Female

Scotland

2008-11-27 04:39:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

November '08 K-1 Filers

Hi All ...

Hope you can all make room for another November filer?

We filed 14th November, then got the whole package returned to us on the 21st because I had included my children who were over 21 and married. Steve sent off the new I-129F on 24th. I've just checked on the USPS website and it says the package was delivered and signed for on the 26th ..

Yaaay!!!! After two and a half years, we're finally on our way ....

Happy Thanksgiving everyone!!

Moira

mrs_sdp

Female

Scotland

2008-11-27 04:23:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

K-1 Fiance(e) Visa Case Filing and Progress Reports

Hi All

Steve told me tonight that we received our NOA2 in the mail today ....

Funnily enough, I had just checked the USCIS website before getting online to talk to him - and it said that our case status was still "received and pending" ... sheesh ... and I thought the site information was reliable ...

Another step closer ....

Have a great weekend everyone!!

Moira

mrs_sdp

Female

Scotland

2009-03-05 21:44:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

OMG ... after weeks of sitting looking at the date on our status .... frantically willing it to change ....

IT DID!! It now says 02/27 .... rather than 12/03 ....

The status page still says "Case received and pending" ... but at least I know our file hasn't dropped down the back of a shelving unit somewhere ...

WOOOOOO HOOOOOOO!!!!

Have a great weekend everyone!!

Moira

mrs_sdp

Female

Scotland

2009-02-27 20:15:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Hello there ....

Thought I'd just say Hi ...

We sent everything off to CA on 26th November and received our NOA1 on 3rd December (after a silly RFE - my fault entirely!)

I checked Igor's list this morning and so many people that filed round about the same time are getting NOA2s already!!!! Congrats to all ....

I will sit here ... and wait patiently ... for my turn ....

I just hate waiting ...

Fingers crossed ... good luck everyone!

Moira x

mrs_sdp

Female

Scotland

2009-02-27 07:49:00

K-1 Fiance(e) Visa Case Filing and Progress Reports

Hi All

Another pair of November filers here!! We sent off our I-129F package on the 14th of November, only to have it returned a week later with an RFE! They had tidied all our papers and documents into a binder, so I'm assuming that everything else in the package was just perfect ...

We sent off the revised application on the 24th of this month and it was received at the CSC on the 26th. I guess it will be a while before we get our NOA1, what with the holidays and everything.

Steve and I are just so happy, that after two and a half years of waiting, we are finally on the final stage of our journey - we're praying that we'll be together in a few months ...

Take care everyone - have a great weekend!!

Moira

mrs_sdp

Female

Scotland

2008-11-28 16:06:00

K1 SURVIVAL GUIDE

It definitely gets easier as time goes on. In between NOA2 and packet 3, and it feels like it is finally all happening. my man is getting more frustrated as time goes on weirdly enough...

Skype, facebook, phone calls and all that stuff

and my main one...not only get in as many trips as possible, but take lots of pictures and video on the trips to see each other. On our first trip we didn't take many and I always regretted it.

On a practical note... Even if you are nowhere near NOA2... GET YOUR POLICE CHECK EARLY!

I agree with previous god sentiments. Stuff keeps magically happening for us on our journey! It is all part of a bigger plan!

micmac

Female

Scotland

2011-08-02 20:22:00

I stuck my neck out and sent the I-407 with the I-130. We got our receipt via e-mail from the embassy today! Therefore, in case anyone is in a similar situation it appears that this is the way to go.

Edited by vamos, 16 August 2011 - 02:56 PM.

vamos

Male

Scotland

2011-08-16 14:55:00

Thanks for the advice everyone. I'm in Edinburgh right now to get the photos to send with the I-130. We're not soley motivated by finance so we haven't considered moving to a third country where the economic climate might be better.

I'm now wondering if I should send the I-407 (abandonment of permanent resident status) and my current green card with my application or if I should hang on to it until the interview. Any ideas?

vamos

Male

Scotland

2011-08-10 07:59:00

I'd hate to be wrong twice in one day but I dont think USCIS allows DCF anymore. Check with the embassy there to confirm.

http://london.usemba...i130filing.html

Oh dear, mate. I have an awful habit of posting questions when deep down I already know the answer, it looks like you may have the opposite

vamos

Male

Scotland

2011-08-07 15:55:00

Ning, I'm aware of the requirements and I agree with you, it could cause a costly denial; both financially and time wise. I've just had a look at the London Embassy website and it looks like DCF might be an option since my wife has Entry Clearance and has been here for over 6 months. We tried it back in the day before we went down the K3 route but at the time we were denied due to my wife only having "Limited Leave to Remain" looks like since they changed the visa system over here they've changed the requirements for DCF. Can anyone confirm this?

Edited by vamos, 07 August 2011 - 12:29 PM.

vamos

Male

Scotland

2011-08-07 12:28:00

There is no returning resident visa. The USC will have to petition for a C R 1 for you because you gave up your green card. The process will not change. It will probably take about 10 to 12 months to get the visa. The USC will need to provide the support docs therefore need U S job & or a co sponsor in the USA. That wont be required for about 6 months or more.

Thanks Ning, do you mean there's no chance of getting a Returning Resident Visa (SB-1) in this case or that the visa itself does not exit? My wife's sister will be our co-sponsor should we need one.

Edited by vamos, 07 August 2011 - 11:13 AM.

vamos

Male

Scotland

2011-08-07 11:12:00

My wife, our daughter and I have been living back in Scotland for a little over a year now. However, we've realised we've made a mistake and want to move back to Texas. (This story may be familiar to some as I posted it under a new ID a little while ago but didn't get much response)

We're trying to work out whether we should try for a returning resident visa or start again from scratch. I'm hoping that someone who has been in a similar situation might have some advice.

At the time, we made a decision based on emotion to come back here since I wanted our daughter to meet my grandparents and had recently found out my grandfather was dying of cancer. Unfortunately, my grandfather passed away a month before we got back and my grandmother had a severe stroke that same week. With this happening I've come to realise that we came back for the wrong reasons and it's been really difficult financially compared with how we were getting on in Texas. I don't think there's much of a case for a returning resident visa but we've kept our U.S bank account open and filed our 2010 taxes. However, there is evidence that we left with the intention to live in Scotland permanently as my wife obtained a marriage visa for the U.K.

If we do start from scratch and get a CR-1 visa how long is the process taking for U.K residents at the moment? Also, are the steps exactly the same as if I had never had a green card or are there parts of it that we can bypass?

If anyone can offer some advice on this I'd be really grateful.

vamos

Male

Scotland

2011-08-07 10:26:00

CSC - NOA2 to NVC Delay

Does the date have to be their 16th birthday? I'm guessing you can put the date they moved in? I think my husband put 01/1991 - 01/2010 and then 01/2010 to present.

That's how we did it as well. Should be right!

HighlandScott

Male

Scotland

2011-08-16 06:13:00