# Petition questions for a US citizen currently living in the UK



## bone007_46 (Feb 5, 2017)

Hey guys! I(husband) currently live in the UK on a 3 year spouse residence permit/visa with my wife(uk citizen). We want to move back to America and plan on starting the petition either this month or next with hopes that when its all said and done, she will be living with me back home around January 2019. That being said I have a few questions that id to get some answers and feedback on. thanks in advance to the mods and other people on here that help as much as they can. I used expatforums when i immigrated to the uk and i hope i can get the same results this time around.

Petition: i have read that as i am living here in the UK , I can file the petition through the US embassy in London, called DCF. Is this method still available and if so, do we literally go to the embassy in London or is this done through their website or mail?

Timeline: i have also been on a bunch of the us websites that show a flow chart etc and please correct me if im wrong but does the petition take about 3 months from filing to approval? and how long does the second phase take once its approved?

Sponsor: I have no work lined up when i move back so my friend is the one who will sponsor me (proof is his bank account /savings account with 500k +). Any advice on what other documentation he'd have to provide besides his bank statements and tax returns for the last 3 years?

My tax returns: During the last 3 years prior to moving to the Uk , i worked part time jobs that were on the books, but with salary below the threshold to make filing mandatory for those years. Will this be a problem when they review this? Should i get my last 3 years of tax returns filed anyway when we start the petition? I think i read that you can excuse yourself from providing tax returns if making less than threshold
was your reason, as it is completely legal. Any advice on this ?

Domicile: I am a bit confused as to when /if i can move back home and set up domicile. Our plan is : petition, once approved , move back and set up address , bank account, look for work , reinstate drivers license etc, all while my wife takes care of the rest of the second phase. Is this correct or can i / should i move back when she receives her packet giving her 6 months to move?

Anything else i should be aware of or prepare for? We've done the us>uk immigration for myself and it was a major PITA, took over a year, and cost so much( we were unmarried ), but still made it! I am hoping that now we have been legally married for a year, the immigration back home will be a much smoother ride.

Cheers!


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## Crawford (Jan 23, 2011)

Petition : Yes, you can file via the London Embassy.
https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

Timeline: Filing DCF take about 4 to 6 months total if no issues.

Sponsor: Bank statements, tax returns, passport details etc

Tax returns: Yes, you need to update your tax returns. Don't know about not having to if you don't earn enough

Domicile: YOU can move whenever you like. Wife needs to be in UK for interview.

Note that if you don't like the US and wish to return to the UK AND you have been out of the UK for two years or more, then you would, in all probability, have to start the immigration process from scratch.


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## bone007_46 (Feb 5, 2017)

Thank you very much for the quick response! for the timeline you said filing DCF takes 4-6 months if no issues. just for clarification, did you mean 4-6 months just for the filing of the petition and getting approved, or from filing petition to my wife receiving her entry visa at the end? I want to keep my expectations realistic so if we file end of this month, when all is said and done, the probability of my wife joining me by january 2019 is high?

As far as having lived in the US all my life up until 1.5 years ago, i have read on official IRS website that you dont have to file a tax return with the IRS if your income is less than 12k . Id rather play it safe then and obtain tax returns and file them asap anyway just to have it regardless. 

And yes i am completely aware of that rule . Planning on never coming back lol.

Do you recommend a site that has a check list of things to have before i start the petition?


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## Crawford (Jan 23, 2011)

Filing DCF reduces the TOTAL processing time (ie. to getting the visa) to between 4 to 6 months (not guaranteed of course)

The website I linked gives you documentation required if you click on 'Alien Spouse'


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## bone007_46 (Feb 5, 2017)

thanks! I think i got everything i need to know for now. Going to hopefully start end of this month. Now i know who to go to if i need any more help. Much appreciated.


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## bone007_46 (Feb 5, 2017)

Crawford said:


> Petition : Yes, you can file via the London Embassy.
> https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/
> 
> Timeline: Filing DCF take about 4 to 6 months total if no issues.
> ...




Hey Crawford!

So we've begun getting our documents together and printing out the necessary forms to file the petition some time in march . theres just a couple of things you mentioned about the domicile part of this process i need a little clarification on. You said I can move back whenever i like during this process, BUT dont I need to prove domicile after the petition has been approved ( the part where the affidavit of support , medical and interviews comes along) ? Im originally planning on returning to NJ early August , and if we petition in march , and it all goes smoothly , the interview may be even before August! Or am I okay in staying till august if we file in march and get approved? I need a concrete answer for this please as we would have to time the petition perfectly if im going to be back in NJ by august. 


Lastly I did forget to mention my wife and I have been married for 14 months. Ive read somewhere that if we arent married for AT LEAST 2 years, then she would get a conditional green card/visa at first upon entering , then we have to file and pay for removal of those conditions. Is this correct? And can we do that as soon as she enters the US ?


Thanks


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## bone007_46 (Feb 5, 2017)

More thing , on visa journey.com dcf london wiki, it says "london does not accept joint financial sponsors" this is obviously incorrect information right?


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## twostep (Apr 3, 2008)

bone007_46 said:


> More thing , on visa journey.com dcf london wiki, it says "london does not accept joint financial sponsors" this is obviously incorrect information right?


London does not make national policy. Have you inquired with London via email?


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## Bevdeforges (Nov 16, 2007)

Just a note here, VisaJourney is a private forum on visas for the US. It is entirely possible that the information is wrong - or is misstated. As far as I know, there is no such thing for US immigration purposes as a "joint sponsor" - what you do have is a co-sponsor. Normally, one person MUST be the sponsor (say, the US national spouse if you're applying for a spouse visa) but if they can't meet the financial requirements, they may enlist a co-sponsor. 

It may just be a matter of terminology, but it's an important one.
Cheers,
Bev


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## Bone00746 (Sep 30, 2016)

twostep said:


> bone007_46 said:
> 
> 
> > More thing , on visa journey.com dcf london wiki, it says "london does not accept joint financial sponsors" this is obviously incorrect information right?
> ...



Thanks for the reply two-step . Yea it makes no sense whatsoever logically , and I will email London just to confirm , but I’m assuming there’s no way they wouldn’t accept having “joint financial sponsors” , as you stated that’s a US immigration policy to be able to have a joint sponsor . 

I had a message above directed at Crawford about clarifying the domicile situation based on what he said . Would you have any input on that at all? And the last part of that post? 

Cheers


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## Bone00746 (Sep 30, 2016)

Bevdeforges said:


> Just a note here, VisaJourney is a private forum on visas for the US. It is entirely possible that the information is wrong - or is misstated. As far as I know, there is no such thing for US immigration purposes as a "joint sponsor" - what you do have is a co-sponsor. Normally, one person MUST be the sponsor (say, the US national spouse if you're applying for a spouse visa) but if they can't meet the financial requirements, they may enlist a co-sponsor.
> 
> It may just be a matter of terminology, but it's an important one.
> Cheers,
> Bev



Thanks for that, Bev


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## Crawford (Jan 23, 2011)

bone007_46 said:


> Hey Crawford!
> 
> So we've begun getting our documents together and printing out the necessary forms to file the petition some time in march . theres just a couple of things you mentioned about the domicile part of this process i need a little clarification on. You said I can move back whenever i like during this process, BUT dont I need to prove domicile after the petition has been approved ( the part where the affidavit of support , medical and interviews comes along) ? Im originally planning on returning to NJ early August , and if we petition in march , and it all goes smoothly , the interview may be even before August! Or am I okay in staying till august if we file in march and get approved? I need a concrete answer for this please as we would have to time the petition perfectly if im going to be back in NJ by august.
> 
> ...


When you submit the application YOU the US citizen must show that you have the intention of living in the US with your spouse. How you do this is up to you (showing an intended address in the US, maybe even that you have looked for jobs already in the US). 
You can stay in the UK until such time as the visa is issued (many do) and then travel over together, or go to the US sometime during the visa process. 
YOU don't need to be in the UK for the medicals and your spouse's interview.

Yes, as you have not been married for 2 years, you receive a conditional spouse visa which is valid for 2 years and then you petition to remove the conditions near to the time that the visa expires. NOT when you enter the US.


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## Crawford (Jan 23, 2011)

It's a joint sponsor:

_If the individual who filed the visa petitioner or a substitute sponsor signs this form, but is unable to meet the financial requirements, another individual must also sign a separate form as a joint sponsor to meet the financial requirements._

https://www.uscis.gov/forms/tips-filing-form-i-864-affidavit-support-under-section-213a-ina


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## twostep (Apr 3, 2008)

No one can tell you how long it will take for your petition to be approved. The UK party has 180 days after medical to activate the Green Card.


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## ScottishKilter (Apr 19, 2017)

If I'm not too late, I have a few tidbits that may help.

I'm currently going through the CR1 process with the London Embassy. Husband is US citizen returning to states (PA) to take up a college job.

In my case my husband's petition took 3.5 weeks from posting to approval by USCIS. (Nov/Dec 2017)

12 weeks after the petition approval I had confirmation my case number was also issued by the Immigration Visa Unit on the same day as the petition approval. It went missing in the post! (I had to wait the standard 8 weeks before making contact with the embassy to find out where my case number was)
So far its been 15 weeks since we started the process. Could have been only 3.5 weeks to be at the same point. So this goes to show there can be no guarantees as to timescale. 

Looking ahead - medical appointment times and visa interviews are done on a first come first served basis. I don't know about the medical appointments but it's looking like the embassy dates are released on a 2 monthly basis - currently 23 available days out of the next 37 days. 

Your wife will need to take account that the date of the medical can be no more than 6 months before point of entry (as twostep pointed out) otherwise the visa is invalidated. 

Also, she will need 7 US approved passport photos by the end of the process. 1 for the petition, 4 for the medical and 2 for the interview. 
Make 2 copies of anything you are required to send with the petition. 1 copy for the petition plus the other copy (plus original) are required at interview.
There are various payment points along the way too: petition fee, police ACRO fee, medical fee, interview fee and final fee upon entry/or just prior to (I forget which) USA entry for your wife. Oh and another fee to remove the condition from the visa (apply during the 90 days before the 2 year anniversary as conditional resident)

We are currently doing this with no confirmed address in the US but have included with the petition his job offer and details of the college housing system and potential dates for allocation.

When filing from the UK, as far as I can tell, the I-864 Affidavit of Support plus evidence is submitted by your wife at the interview point. This is on the basis of you being in the UK and therefore available for further information or possible interview based on the affidavit, if needed? I could be wrong. Just something to consider/figure out if you're planning to move back before her interview?


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