GrahamDuthie

Hello, my wife entered the UK as my spouse with a settlement visa. She has been living and working in the UK since 7/10/2010, meaning she's been here for over 8 months now.

Her visa is valid for two years, after which I believe she could apply for an extension and ultimately gain the status of indefinite leave to remain.

My query is if the fact she currently resides, and has done so for over 6 months, allows her to submit a I-130 for my CR1 visa from the UK. Or, if she must have ILR to be considered settled, and therefore need to post it to the US.

Thanks for your help.

blackg

She will have to apply for ILR through the UKBA here in the UK. The decision will be made here in the UK. All UK immigration matters are handled by UKBA, your wife is now in the UK and a UK permanent resident and not a US resident.

GrahamDuthie

Sorry, I left out a crucial part of my post, leading you to misunderstand. I've rectified it now. My question is regarding the application of an I-130 towards a CR1 visa.

blackg

Are you saying your wife have decided she did not want to live in the UK and as a result you and your wife will be moving to the USA?. If that is correct your wife can file the I-130 in London DCF.

md95065

Yes, the fact that she resides in the UK and has done so for over 6 months means that she can file the I-130 in London.

Noorah101

Hi Graham, welcome to BE.

Yes, your wife can file an I-130 to London, and do the DCF route.

Your wife does not have to move ahead of you to the USA in order to sponsor you. There are two things involved in sponsorship. 1) the USC must fill out an I-864 and meet some financial requirements. If they do not, there are some ways around it (such as using a joint sponsor, using assets, or indeed moving ahead of the UKC). And 2) The USC spouse can prove "intent to domicile" in the USA. She does not have to physically be in the USA...London allows her to show intent to domicile in the USA.

There is a good Wiki on the DCF (Direct Consular Filing) process, you should read that and come back with any questions.

Also, please either write your dates in the USA format (mm/dd/yy) or spell it out as October 7, 2010. At first glance, I read the date as July 10, 2010.

Rene

ian-mstm

Correct.


Not correct. There is no such need or requirement.

Ian

meauxna

Have a read here and see what makes sense.
http://britishexpats.com/wiki/DCF_I-...led_In_London_

GrahamDuthie

I've read this before, which is why I posted here in the hope for clarification.

"The DHS office on London has set the requirement at six months minimum residence in the UK -- both legal leave to remain permanently and actual residence."

My wife has a visa much like the USA's CR1, only valid for two years under the condition of sustained marriage, after which she will have the opportunity to apply for ILR. So at this moment she does not have ILR, which is said to be a requirement in the wiki. She is entitled to live and work here, but she isn't considered a permanent resident until granted ILR. Hence my confusion.

Noorah101

In my opinion, she should be OK to file DCF at this point.

Rene

meauxna

No, actually it doesn't say that.
She should be fine sending her I-130 to the London USCIS office. Note that their estimate is now 10 months for an immigrant visa petition + application.

Include proof of how long she has been genuinely resident (solid evidence). If London does not accept her petition for processing, no fee is charged and she'll be instructed to send it to the US. Same-same really.