Visa for US Citizen's wife in UK

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Old Jan 11th 2008, 2:58 pm
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by ian1976
UPDATE: My wife got her passport back yesterday with immigrant visa inside!

So just over 7 months in total. The domicile thing seems to be a non issue with the London embassy - they didn't query my domicile at all which I put down as USA even though I haven't lived there for over 25 years! Although my intention to establish domicile is obvious with going through this whole process!

Thanks to all who directly and indirectly gave us advice on this forum.
Congratulations!
Do you think you did anything that 'slowed' your case to just +7months, or did you respond in a timely fashion to all prompts from the Embassy?

For others coming along behind you, would be good to know if 4-6 months is no longer accurate.
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Old Jan 11th 2008, 3:14 pm
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by meauxna
Congratulations!
Do you think you did anything that 'slowed' your case to just +7months, or did you respond in a timely fashion to all prompts from the Embassy?

For others coming along behind you, would be good to know if 4-6 months is no longer accurate.
No, in fact I-130 and DS230-I were submitted in parallel and we took the first interview slot that was offered.

We did file the petition just before the price rise in July so that is the only thing I can think that may have slowed things down? That does make the whole thing closer to 6 months though.
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Old Jan 12th 2008, 3:56 am
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by ian1976
No, in fact I-130 and DS230-I were submitted in parallel and we took the first interview slot that was offered.

We did file the petition just before the price rise in July so that is the only thing I can think that may have slowed things down? That does make the whole thing closer to 6 months though.
Congratulations. Were you born in the U.S.? If so, and you're planning to have children in the U.S. you need to work out if your wife is also British "by descent".

How and when did she get her British citizenship?
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Old Jan 12th 2008, 7:08 am
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by JAJ
Congratulations. Were you born in the U.S.? If so, and you're planning to have children in the U.S. you need to work out if your wife is also British "by descent".

How and when did she get her British citizenship?
Yes I was born in the USA to a British father so I am a dual national. My wife naturalised as a British citizen a couple of years ago.
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Old Jan 12th 2008, 3:23 pm
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by ian1976
No, in fact I-130 and DS230-I were submitted in parallel and we took the first interview slot that was offered.

We did file the petition just before the price rise in July so that is the only thing I can think that may have slowed things down? That does make the whole thing closer to 6 months though.
Actually it looks like you were basically on schedule, factoring in summer holiday and August post switching.

Would you expand a little on your concurrent (in parallel) filing? I'd heard that this wasn't allowed anymore, but someone was just asking about it recently.. did you send the DS-230 with the I-130 to USCIS or did you send I-130 in per the website instructions and then send the DS-230 to the Consulate?
I'd appreciate anything you can add...
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Old Jan 12th 2008, 5:07 pm
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by meauxna
Actually it looks like you were basically on schedule, factoring in summer holiday and August post switching.

Would you expand a little on your concurrent (in parallel) filing? I'd heard that this wasn't allowed anymore, but someone was just asking about it recently.. did you send the DS-230 with the I-130 to USCIS or did you send I-130 in per the website instructions and then send the DS-230 to the Consulate?
I'd appreciate anything you can add...
We engaged a lawyer to do it all for us. We were told that the forms were submitted concurrently (of course I only have their word!). I have no futher details unfortunately.
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Old Jan 12th 2008, 8:44 pm
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by ian1976
Yes I was born in the USA to a British father so I am a dual national. My wife naturalised as a British citizen a couple of years ago.
If your wife is naturalised British (and by this I mean she has a certificate of naturalisation and not a certificate of registration) then she is British "otherwise than by descent."

Any children you have born in the U.S. will automatically be British by descent not because of you (because you are British by descent) but because of your wife. Don't be surprised if Embassy officials don't understand the situation with naturalised British citizens, however.

The way to prove the British citizenship of any U.S. born child you have will be to get a consular birth certificate and British passport, both from the embassy.

Presumably your wife became naturalised British after 4 April 2002, otherwise she lost her Australian citizenship at the time.
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Old Jan 13th 2008, 1:50 pm
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Default Re: Visa for US Citizen's wife in UK

Originally Posted by ian1976
Thanks again.

Looking at the definition of "Domicile" on the US DoS web site it would seem that with no job there and having never worked in the US as well as not living in there for over 25 years I would not qualify.

Would I be jumping the gun by filing a petition I-130 at this stage or do you think I should be exploring other options due to my obvious non US domicile status currently?
The embassy in London is pretty lax on domicile. I had lived in the UK for years prior to sponsoring my now-ex and we didn't have any trouble whatsoever. The visa was issued in late 2006, though it was never used.
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