Beth and Iain

Hello all!! My name is Beth and I am a US national currently living in the UK (Scotland) with my husband (who is Scottish). I am in the country on a Further Leave to Remain Visa which we will be renewing in April. They only let you renew it 28 days before the visa expires. I am not worried about the Uk visa at all, my question and worry is with the US visa for my husband. We have the I-130 and everything about ready to go, but we have hit a snag. We do not know if we are eligible to file with the London Consulate or do we have to file with the USCIS office for my state. The reason this has come up is because I read a clause that London wont see you if you have visa with a time line on it. My husband does not want to file with the US because he claims it will be harder and that he will have to go for an interview there. I disagree. So could anybody help us!!!!!!!! We are desperate to move back to the US and are ready to get this process started.
Thanks,
Beth

ian-mstm

I believe if you have FLR, you can file in London. Your husband is right... it is harder, and it will take longer if you have to file in the US. However, you will have an interview regardless of where you file. Perhaps someone who has more knowledge of the FLR issues will chime in.

As an aside, I often wish my parents had spelled my name correctly!

Ian - also Scottish

Rete

To correct any misimpression to this reply, if you had to send the I-130 stateside your husband would still interview in London and not the US. After approval the I-130 will be sent to the US Consulate in London for the remainder of the processing for the IR Visa.

For what it is worth, why not just send it to the US Consulate and see if they accept it or not. If they don't, they will return it to you and/or send it on to the appropriate Service Center.

scrubbedexpat099

I believe you need ILR to DCF in UK.

Check the DCF board at www.visajourney.com and the US Embassy web site.

meauxna

How long has the USC been living in the UK, in total?

Your husband won't get a choice of where you file; if London does not accept your case, you must file it in the US Service Center that serves your domicile or last US address.