Bomjeito

Hi, I am a USC and live in Scotland and have lived here with my UK husband since February 2009.

June 2009, I received my spouse visa for UK from the LA consulate.

I applied for the DCF to London and it popped back. (Edited to add, the address mistake is on the 325a, not on the I-130.)

I wrote my last US-address as my address "to present " (big mistake) instead of my UK address (as I did on the I-130) on the G-325 and London USCIS sent it back with a cover letter that says, "your G-325A) indicates that you have been living and are presently residing at xxx Nevada, US. Please change your address on your I-130 petition and send to the US-based service center for Nevada."

So they are taking the information from the G325a as gospel and ignoring the I-130... and sent it all back.

I live here in the UK and have all proofs to support principal residence here.

The London checklist is crazy-particular to NOT send ANYTHING other than what they ask.... which is to send NO proof of residency here, like bank statements, tax records, etc.

What do I send now?

Or re-send their covering letter, attach proof of my principal residency (everything is here, I honestly left my residency in the US in January 2009 to move here!), and the correct G325A?

Advice appreciated.

lansbury

Send a fresh I-130 application back to London with everything showing your London address. When we did mine I recall having to send a photocopy of the ILR stamp in the USC passport but send what they ask for for an I-130 application for a DCF in London.

Put a covering letter in explaining that the original application was returned for incorrect information on one of the forms, explain you live permanently in the UK and how long for.

Bomjeito

Thanks Lansbury, I'm really worried they'll think I'm lying!

My application did include my ILR stamps in my USC passport. Everything was correct except the G325A, and they popped it back to "change the I-130 for your US address and submit in the USA."

I've lived here since Feb 2009, and we don't live there, so I certainly don't want to move back to USA for this...and since we live and work here in UK, having my UK husband have to go there to process is really not possible.

I'm so worried they'll not re-accept it.

meauxna

They may yet argue with you, but I was going to suggest the same as lansbury. Prepare some answering evidence in case they request it, and expect that there might be a delay & some dickering. I think they get dozens of these cases from people trying it on, and they do do other things there, so just be patient and firm... don't panic! I'm not even sure what the last part of your last post means.. (you *can* do this by filing I-130 in the US but it's more cumbersome).

Just stick with it and make a fresh, correct submission. If you include a copy of your passport for your proof of US citizenship with I-130 it could accidentally show your ILR stamp.

lansbury

Was the rejection letter signed by Karen Fitzgerald, she was the head of the office which processed the I-130s when I still in the UK and I knew her very well. If she is still there she is very reasonable and if she sees a covering letter from you explaining what happened I would be very surprised if she didn't accept it.

avanutria

Out of curiosity - did they send the rejection to your Nevada address or to the UK?

jeffreyhy

Excellent question!

Regards, JEff

Bomjeito

London packets request a self-addressed envelope, so of course I put my UK address...so it came back to me.

The quandry is that the instructions for the I-130 ask for all sorts of things like council tax records, etc, but then for London, their checklist is so strict, ONLY send what they ask, etc. So the covering letter of their returning everything to me (they kept a copy of my checklist though) said I must prove that I have 'entry clearance or other right to live and work in UK AND can prove principal residence' but then says, ' send ONLY what checklist asks, and nothing else.' So its hard to decide what to do.

I mailed the I-130 packet again (per London checklist and correct 325a) and included a letter with 9 evidences of ongoing life here. I hope that works.

Thanks!

Bomjeito

So far no return of the second packet attempt.

I sent the correct packet, and a covering letter to attest my life here since Feb 2009, and said I have another packet available to their request with evidences of my living here since then.

No response. Last rejection to process DCF in London was within a few days. So keeping my fingers crossed.

Thanks all