Lawyers advice on DCF filing

Here's the information we got from our lawyer today that might apply to other people:

1. As of April 2004, your British partner no longer gets their visa the same day. Instead you hire the Visa Delivery Service (they are set up in the Embassy's lobby) for a £10 fee, and they deliver your visa to you within 24 hours. This is a brand new regulation, and I'm not sure why they changed it.

2. Job offers from the US don't count towards the income requirements asked in the DCF process. We've got a job offer, but he said that we'd still have to get a joint sponsor since I don't make enough to support him in the US. We were hioping that with proof of the income he'd be making Stateside, the US would be confident that he wouldn't become a public charge. But, like the lawyer said, what if David gets laid off? So - joint sponsor it is.

3. The I-864 form that I fill out has to be taken to the embassy *before* our final interview, so that I can sign it in front of someone official. So we're making a trip next week to do that. He suggested not waiting until the day of the interview to do this, but that if we forget it shouldn't be the end of the world.

4. The fee for filing the I-130 is now $185.

5.  Since he & I are moving together (and I'm not going out beforehand to set up domicile), having things on hand like shipping quotes might be helpful. They aren't required, but sometimes officials like to know that we've made official steps to move - it makes them feel better that we'll move within the 6 month limit and they aren't wasting their time by giving us the visa.

6. I don't have to contact the IRS in the US for my last 3 years tax information, I can go directly to the embassy and request copies, perhaps even get them the same day. You can go Mondays, Thursdays, and Fridays from 10-2, or Wednesdays 2-4. We'll go do that, and have the I-864 signed in front of a notary at the same time. I didn't file for the year 2003 (I had no US income and my UK income was teeny) - so I have to submit the years I do have (2001, 2002) and also a detailed letter explaining why 2003 is missing.

7. Before the DS-2001 checklist came along, the form was the OF-169. (OF stands for Optional Form). It's the same checklist, but way more detailed. I actually found this form much more useful, since it gives me the extra reassurance that I'm including everything needed. So using the OF-169 is another option to double check you're doing things correctly.

Hiya!!

Just thought Id comment on some of the info your lawyer gave you. Im in no way saying the lawyer doesnt know what theyre talking about but they may be giving you impressions that are a little off. Hope the following helps and if anyone disagrees with my assessment, by all means let me know!! The rules change every day And I admit, Im not infallible (although Id like to be!)

3. The I-864 form that I fill out has to be taken to the embassy *before* our final interview, so that I can sign it in front of someone official.

I believe, your lawyer was misinformed. (The following was true at least when I was preparing for my husband's interview in Oct 2003) You CAN take the I-864 with you on the day of the interview UNSIGNED. Mention to the immigration officer that is doing the interview that your I-864 is unsigned and they will ask you to show it, sign it in their presence, and then they will sign the in the witness box.

This is perfectly acceptable and is common practice. If the American spouse does not intend to be present at the interview, the affidavit must be signed before the interview. However in cases like mine, I went to the interview with Martin and had the interviewing officer witness my affidavit. Of course things do change (like getting your visa by delivery now!) so of course you should always keep up to date by checking with the Embassy via email to make sure this is still acceptable. ONLY the Embassy can confirm what is currently acceptable. Not me, not a lawyer.

5.  Since he & I are moving together (and I'm not going out beforehand to set up domicile), having things on hand like shipping quotes might be helpful. They aren't required, but sometimes officials like to know that we've made official steps to move - it makes them feel better that we'll move within the 6 month limit and they aren't wasting their time by giving us the visa.

The American Embassy are perfectly aware that in any DCF case that comes before them, the American spouse is resident in the UK and therefore cannot show they have a domicile in the USA. The only entrance prerequisite for the visa holder is that the American must have either entered the US before the visa holder or be admitted at the same time. Domicile is not an issue with cases being processed through DCF therefore it is not necessary to present evidence that you are taking steps to make your move.

Having said that, if you want to take such details, by all means do. Anything to make you feel more comfortable on the day is a good thing. Just keep in mind though that you dont NEED to make these steps (like getting quotes, selling your house beforehand etc). In most cases they only wish to see the information that is specifically asked for on the instructions and forms. Anything more than that will be handed back to you when your documents are checked before the interview. Simply filing your application is a sign that you intend to move.

Also, the visa does expire within 6 months of the issue date, and within that 6 months the visa holder must ENTER the united states and obtain their green card. It does NOT mean that you must move out of the UK completely within those 6 months.

In many cases, unless you were hasty in assuming you would get your visa and sold all of your assets before the interview, you will likely have things like houses and furniture to sell. That can take time - sometimes well more than 6 months. It is recommended by the Embassy that you do not liquidate your UK assets until you have been granted the visa. After that point the visa holder should only feel it necessary to enter the US to obtain the green card, not feel rushed to liquidate their entire estate in the UK and break business ties within the 6 months. Green card holders can return to the UK for up to one year at a time. One should only be worried if they expect to be out of the US for more than one year at a time as that will cause the green card to be lost. One should also endeavor to finalize their estate / business within 6 months of returning to the UK to ensure as little hassle as possible when returning to the US. Does all that make sense?

Example: Martin was granted Visa in Oct 2003. We began preparations for moving. We knew we would not be able to move out of the UK completely by April 04 (the month his visa was due to expire) so we made a trip to the US to get his green card in February 2004. We returned at the end of February after a two week visit to the states, green card in hand (and passport) and we have been in the UK since. We expect not to be moving out of the UK before September / October 2004 (we're selling house). Our 6th month out of the US will be in August so we expect questioning from the US immigration upon our return as to why we were out of the country for so long. Liquidating ones assets abroad is an acceptable reason. If we havent moved by January 2005 and havent returned to the US for a significant period before then, we'll be putting Martin's green card at risk. Make sense?

Remember, although they have the power to grant or deny your request for a visa, you are paying them to process the application at your request and that is a service. If you submit the application and pay the fee, they MUST proceed with the processing.

Weather you have the intention of moving within 6 months or 8 months is neither here nor there as long as you meet the requirement of entering the US within the validity of your visa. They will not deny you a visa based on weather they think its a "waste of their time" or not. Their job is to decide if the immigrant's case is genuine and if they are likely to become a public charge once in the united states. Thats all. If you dont enter the US during the validity of your visa, or you loose your green card due to being out of the US for over one year, thats your problem. Not theirs.


Take care,
Sarah

PS: I should really learn how to condense my thoughts!

Sorry I wasn't clear in my first message, but yeah, he said what you are saying. I don't *have* to go to the embassy way in advance to sign the I-864, he just said that he suggests it to his clients (he is solely a US immigration lawyer) to save time, and it also takes out the what-if factor, if on the day I can't go with him or something. He said the I-864 has to be signed in the precense of an official before they can take action... he just suggests doing it before the day of the interview just to make sure it's done. Like he said, it's just his suggestion, not something you have to do - and I'll get it signed beforehand when we go to get my tax records. I feel more comfortable being able to strike one more thing off the to-do list.

Also - he didn't say we needed to get things like shipping quotes, only that sometimes they are helpful. He said to bring stuff like that along but they probably won't ask for it - but if for some reason they question your intentions you can just pull them out as further proof. Again, it was just soething he said he suggested to all of his clients as a sort of back-up, perhaps to ease minds more than anything. Better to be over-prepared than under-prepared...

True, its an HUGE security blanky when you have stuff to cover every worse case senario.  And if you CAN check that I-864 signing off your to do list before hand - why not! Just as long as you dont have to pay for the notary because its free if you do it on the day of the interview. I dont know if they charge for the notary on any other day. Lets us know. That would be some good info to add to the ever growing "HOW TO GO HOME" guide from UK Yankee

Glad your meet-up with your Lawyer was helpfull. Did he promise this time that he'd be able to force your application through quicker than you could on your own? Cos that still stinks of slime to me. Hope he clarified that issue.

Have you decided to use him for the whole process?

Cheers,
Sarah

PS: Could you do a guide on registering the birth of a dual national baby as youre going through it as we speak? I think it would be very helpfull.

Just as long as you dont have to pay for the notary because its free if you do it on the day of the interview.

Nope, it's free no matter when you do it, you just have to show up in those specific times I posted originally.

Did he promise this time that he'd be able to force your application through quicker than you could on your own?

This is where David misunderstood him the first time (which was 16 months ago mind you). The lawyer said that aside from any consultations we wanted, he'd be useless to help. He said he suggests people hire him to file on their behalf when there is something like a drug conviction, denail of entry, etc on their "record". But if it is a straight-forward case like ours, he said we'd be silly to hire him. The only way that happens is for people who literally have money coming out of their butts and just can't be bothered to do the paperwork.

He was really great, and I'm *so* glad we went to see him. I don't suggest everyone do it, but we had some specific issue with David's employer that wee needed to figure out, that we couldn't get answered on the embassy's website, namely about the differences between an L-1 transfer, and a spouse visa. But anyway, he was great. Really honest, and kept saying "If you were my daughter... " and offering advice that way. He also flattered me by remarking how organized I was, and asked what my degree was in! I laughed, as I'm a college drop out, from an English degree. He made a game out of it though and was actually quizzing me on things... "How long does David have to be resident in the US before he can apply for citizenship?" etc... but anyway, he was great. Really honest, really helpful, and for US, it was worth the money.

PS: Could you do a guide on registering the birth of a dual national baby as youre going through it as we speak? I think it would be very helpfull.

I've already done that, it is in the Parenting Board.

(Re: Notary Services) Nope, it's free no matter when you do it, you just have to show up in those specific times I posted originally.

Cool. Good news for those who need it

This is where David misunderstood him the first time (which was 16 months ago mind you). The lawyer said that aside from any consultations we wanted, he'd be useless to help. He said he suggests people hire him to file on their behalf when there is something like a drug conviction, denail of entry, etc on their "record". But if it is a straight-forward case like ours, he said we'd be silly to hire him. The only way that happens is for people who literally have money coming out of their butts and just can't be bothered to do the paperwork.

He was really great, and I'm *so* glad we went to see him. I don't suggest everyone do it, but we had some specific issue with David's employer that wee needed to figure out, that we couldn't get answered on the embassy's website, namely about the differences between an L-1 transfer, and a spouse visa. But anyway, he was great. Really honest, and kept saying "If you were my daughter... " and offering advice that way. He also flattered me by remarking how organized I was, and asked what my degree was in! I laughed, as I'm a college drop out, from an English degree. He made a game out of it though and was actually quizzing me on things... "How long does David have to be resident in the US before he can apply for citizenship?" etc... but anyway, he was great. Really honest, really helpful, and for US, it was worth the money.

Thats GREAT! Im so glad that it was all a total misunderstanding and that he turned out to be really honest with you. Have you mentioned his name?? (and contact info!! lol).

(Re: Baby Nationality stuff) I've already done that, it is in the Parenting Board.

Super! I'll find it and chuck a short post in one of these forums with the link.



So are have you decided about your holiday? Are you going alone or waiting to file after you both get back??

Sarah

Yep, Philip & I are flying alone to the US, leaving David behind. We'll shorten the holiday, but we're still going. We don't want to put off the process for another month, since as it is we're expecting our interview in September, and that's when they want him to start work. 

Thats a good idea. Im sorry you'll have to go without him - travelling without your spouse sucks big time. I just did it a few weeks ago. Hope you and the babe have a good holiday.