Drew068

My wife is an American citizen and I'm British. We both live in the UK and have applied for an I 130 visa using an American Attorney. Where does the I-130 need to filed as the attorney has filed it in the states? We think he's messed up? Can anyone give us some info?

BritishGuy36

1) Unless your case is particularly complicated, you don't need an immigration lawyer. Is there anything complicating your case (like you have a criminal record, etc)?

2) Has the USC lived in the UK on an appropriate visa for 6 months or more? If so, then you should have filed directly in London as it's quicker as well as more convenient. If you tell us what your wife's status is in the UK (i.e. what's her visa status) then we may be able to give further info.

There's nothing wrong with filing in the US, but it takes longer (by quite a few months!) and dealing with NVC is a lot more of a headache than London, by all accounts.

californian

London is becoming increasingly anal about accepting I-130s from Americans living in Britain. There are no clear rules that state when an Embassy should accept a petition, only guidelines. Some sources say 6 months in a given country is the key. Others state that the country must be the petitioner's "principal residence". In my experience, London pretty much makes their own rules.

If your lawyer thought that your USC wife had not been in the UK long enough to justify London accepting her petition, this is probably the reason he filed in the US.

How long has your wife been in the UK?

Drew068

I've no criminal record and my wife has been here for 2 years, first on a work permit and now she has a 2 year UK visa.

californian

Hmm . . . as I say, there are no hard and fast rules about the acceptance of petitions but it sounds like your wife was on pretty solid ground. I don't know the details of your case and won't pretend to know more about it or the law than your Attorney but . . .

it does seem strange that your Attorney did not at least attempt to file the petition in London because as BritishGuy points out it is quicker and much more convenient to deal with London. If London had refused to accept the petition, they would have done so quickly and your Attorney could have filed in the States at that point.

ian-mstm

If your wife has ILR, the I-130 needs to be filed in London.


Your attorney is an idiot.

Ian

californian

His wife has a 2 year marriage visa and previously had a UK work permit. She does not have IDL (Indefinite Leave to Remain). However, it does seem b/c she has been in the UK for 2 years, Drew and his wife would have had a good chance of getting their I-130 accepted by London.

BritishGuy36

I was going to say moron, but idiot is good too.

Alix

It depends on what stage is your I-130 in the US? Is your Lawyer based in UK or US?
I would recommend that if your wife has ILR in UK then re-apply in London via the DCF. You will be sorted in 3 - 6 months compared to 12 - 18 months in US.

Good luck!

californian

To clarify, a USC wishing to live in the UK, would receive a 2 year marriage visa, after marrying a UKC. This is limited leave to remain, not ILR.

But, Alix makes a valid point . . . if London were to accept the petition your wife would have her Green Card much sooner.

All of this said, it is hard to know why your Attorney did what he did without knowing all your circumstances. If I were you I would ask the Attorney why he did not file your petition in London via DCF.