Katyonice

Hello everyone and thanks in advance for any help you can provide.
I’m a US Citizen who moved to the UK last Jan on a fiancé visa and married a UK fellow in March 08 and got my LLR in April. He has just lost his job and we are now thinking about returning to the USA to live. My employment credentials are worth way more there than here in the UK and I still own a home there. I have yet to find a job in the UK. My problem is I have been getting such conflicting info on where we have to file. The US Embassy in London says I can’t file there but when I called the US Imm. they said I should file in London as I now living here and it was so much faster. Also is $6000 a lot for an Immigration lawyer and do we really need one or should we try on our own first. Does anyone have any lawyers that they could recommend? My home is in Florida and financially safe.
Thanks
Kate

Noorah101

"The US Embassy in London says I can't file there" - did you try filing and they refused it? In what manner did they notify you that you can't file there?

They CAN be quite picky about who they allow to file via DCF (Direct Consular Filing - filing the I-130 directly in London). Doesn't hurt to try anyway, if you haven't already, include plenty of proof that you live in the UK and have done so for 6+ months. Worse case scenario, it just takes a couple of weeks for them to review it and send it all back with a note to file in the USA. At least then you'll know for sure. That's assuming of course you haven't already done all this.

$6,000 sounds high to me, but I know UK lawyers are more expensive than US-based ones. See if you can find one in the USA, if you want one, here: www.ailalawyer.com.

Rene

Bluegrass Lass

Well, if London has told you that you cannot file there, you have absolutely no choice but to file the I-130 in the USA. You will need to send the petition to the USCIS Service Center for FL, and use a US address that you can have mail safely sent to, and have forwarded to you by friends or family.

It has come to light in the last several months that London will not let you file there until you have been living at a minimum of 6 months, and that's only if they have the perception that you are permanently living in the UK.

Personally, I would forgo using an attorney to file the paperwork if you have a straight-forward case (i.e. no criminal history or visa overstays). If you are comfy with filling out paperwork, gathering documents and following instructions, then I see no reason why you couldn't file it yourselves and save that lawyer fee for your relocation. You can ask plenty of questions on here about how to fill everything out.

Sorry to hear about your husband's redundancy. That royally sucks.

Katyonice

Thanks guys - that was fast!!
I got the info about not being able to file in London via the USE London phone support line. I haven't tried submitting any paperwork yet as I'm still pretty confused on WHAT paperwork we file. A K3, a visitors visa and change status once we get to the US or straight Immigration I 130. As I say, we are just starting this and do not want to be apart if possible but I may have a job offer in the states starting Jan 09 so figuring out the best way possible to be seperated the shortest time would really reduce my stress level. Plus we have to coordinate the shipping of the dog too!!!
Kate

ian-mstm

They are idiots... go ahead and file. The only thing you have to lose is a bit of time.


File form I-130 and whatever supporting documents it requires. Once approved and interviewed, your husband will enter the US as a permanent resident on day one with permission to live, work and travel. No more adjustment of status paperwork once you're in the US.


Complete waste of time in your situation.

Ian

Bluegrass Lass

That'll be quite bit easier than if you were going the other way. We're not as anal as the UK is when it comes to bringing in pets.

You have bascially 2 options:

1) File the I-130 in London anyway. The worst that happens is that you lose a few weeks if they decide to reject you. If they accept your application, expect it to take around 4-6 months. After you file it, and they accept it, you can then leave to take that job offer in the US.

2) File the I-130 right now with the Serv. Center for FL. The I-130 process is taking about 8-10 months from filing the I-130 to visa in hand. There is nothing stopping you from accepting and relocating back to the US for that job. In fact, this will help you.

As part of the I-130, you will need to fill out the I-864 Affidavit of Support. Your income needs to meet or exceed 125% of the poverty guidelines in order to sponsor your husband, and that income has to come from a US source. So assuming your income is in excess of ~$18k (for a household size of 2), then you will meet the sponsor requirements without the need for a co-sponsor.

You will find all the forms you need at www.uscis.gov For more info on filing the I-130 in London (also called Direct Consular Filing - DCF) look for posts by Meauxna. She has links in her signature that explain the DCF process.

Katyonice

If we file the I 130 and not the K3 will my husband be able to come back to the states with me in January or will I have to leave him behind if I get the job. And for how long? I hate that idea as we've only been married since March and I'm really pretty miserable when he and the dog aren't around

Noorah101

You cannot file for the K-3 in London. You can only file the I-130 towards an immigrant visa there in London. If approved, it takes about 4 - 6 months for him to get the Immigrant Visa, so no...he won't be coming back with you in January. But he won't be far behind you, he'll probably get his visa around May-ish (thinking 6 months because of the upcoming holidays causing slight delays).

The ONLY way to be together during this time is if you stay in the UK the whole time, or he makes a VWP to come see you in the USA during the wait.

Rene

Noorah101

To minimize time apart, how about if you file the I-130 to London now, and if it gets approved, then you stay in the UK until January....then you move back to the USA and he comes at the same time on the VWP for a 90-day visit....he returns in April in time to complete his visa application, get the police report and medical, attend the interview, and then comes to the USA permanently when he gets the visa in-hand (figure a couple of months after he gets back to the UK). That way you're only apart for a couple of months or so.

If he comes to visit on the VWP, just make sure he brings proof of his ties to the UK in case they ask at the POE. If he just shows up with his USC wife, they might think he intends to stay in the USA. It's up to him to prove he will not do that.

Rene

Katyonice

VWP? Is that a Visa Waiver? What's the "P"? Can he travel over on that? It's only good for 90 days but that would be OK. I assumed that Imm. would have his visa so he couldn't come over.

ian-mstm

For future reference - Google is your friend.

P = program

Ian

meauxna

Visa Waiver Program.

That's a good idea, Rene. OP's husband can get his legs under him a little and get some of that acclimating done so that when he does get his IV, he will be ready to roll.

Katy, have a read of at least the first link in my siggy; it explains the overseas filing process and what the result is.

The second link are the specifics for doing this in London.

I agree that you should try a London filing. Worst case scenario is that you lose a few weeks; they won't keep your money if they won't take your case. Suggest you submit abundant evidence that you consider and have considered the UK your 'primary residence' and that you haven't just been having a little vacation together. Perhaps emphasize the unexpected nature of DH's job change (loss) as the reason you're turning around to go the other direction now.

It'll be a solid 5 months from filing in London before your DH will interview for his visa. That's just the fastest way there is, too.

Noorah101

Yes, he is allowed to travel on the VWP while his immigrant visa is processing. He should just bring proof that he has ties to the UK, although he should only show them if asked at the POE.

Rene

Katyonice

We were going to maintain the home here in the UK for a few months to be sure he has the Imm. thing settled before we gave the house up and moved everything back to the USA. What forms of proof would they want as he doesn't have a job anymore and being over 50 and the holidays I doubt he will find one here anytime soon. We will have the landline phone kept turned on and lights, gas mobile phones etc. but what other proof might they expect?

Katyonice

Just so you know - YOU GUYS ARE AWESOME!!! - We have been up nights worring and fretting and reading until we were blind trying to figure all this out and in just a few hours you have cleared up alot of questions that were written in undecipherable legalese. ( I flunked legalese in school - organic chem was a walk in the park campared to it!!) Thanks
Now on to the reading of siggys