meauxna

[QUOTE=L D Jones
Interesting but still no one knows whether a decision made in the
building by the CIS office or the IV unit can be challenged/QUOTE]

I know

meauxna

Starla, if at all possible I would gather your original submission + your copies plus the things you list here PLUS the kitchen sink and go in person if possible. Details here: http://uscis.gov/graphics/shared/fie...on/aboutus.htm
They're pretty clear here:
"The London immigration office at the U.S. Embassy in London accepts I-130 petitions by post if the petitioner (U.S. citizen or Lawful Permanent Resident of the United States) is presently residing in the United Kingdom. Proof of residence in the UK should be submitted with the petition. "

Looks like a booboo to me. If you're nice and understanding and don't embarass them too much, they should take a re-look.

MightBe

But the OP has "limited leave to remain"
and for that it says
"who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States

Bluegrass Lass

I think you're getting fixated on semantics. There have been plenty of USC's that only have FLR (same as limited leave) that have filed the I-130 at the Consulate and been approved. If you have FLR and are married to a UKC, then I would think that would imply the USC has Residency within the UK which is the requirement for DCF. That would be like USCIS saying that you are not a Resident of the US if you only have CPR status. We all know that to be incorrect.

I mean, if she hasn't lived in the US for a year, and works there as well, how can they tell her to file with a USCIS center in the US because she has no residence here?? In order to file with a USCIS center, she must have a residence in the US, which she obviously does not have. I think London just had a brainfart that day.

Starla, I'd definitely follow the advice that Meauxna has given you. If at first you don't succeed, try and try again.

Good luck!!
Jamie

meauxna

er, *where* on the USCIS Field Office page does it say that?

MightBe

carefully read the first paragraph
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

Jamie.. from my understanding
Further leave and limited leave are not the same thing
limited leave is for employment cases
My bet is the OP got this when she was a student
and never upgraded it using form SET(M)

But as always.. I bow to all your superior knowledge.

meauxna

Yes, Sir. Note I cited the USCIS page.

We'll all just sit here argueing til she hears back from them anyway. I still think they 'should' accept her case if she shows up in person (with appointment!).

MightBe

Well I don't so there!

meauxna

Just like the election, then. We've cancelled each other out.

L D Jones

MightBe wrote:

    >>er, *where* on the USCIS Field Office page does it say that?
    >
    >
    > carefully read the first paragraph
    > http://www.usembassy.org.uk/cons_web/ins/i130filing.htm
    >
    > Jamie.. from my understanding
    > Further leave and limited leave are not the same thing
    > limited leave is for employment cases
    > My bet is the OP got this when she was a student
    > and never upgraded it using form SET(M)
    >
    > But as always.. I bow to all your superior knowledge.
    >

and to make it more complicated I don't think the UK IND has a status
called "limited leave to remain." One apparently holds Indefinite Leave
to Remain or Further Leave to Remain ("Exceptional Leave to Remain" for
asylum cases aside). I did not check on status awarded as part of the UK
Highly Skilled Migrant program since that does not appear to apply here

My guess is the US consular decides what the "limited" on their site
means for themselves

Bluegrass Lass

Good point, LD.

Since she applied for a spousal visa through the British Consulate here in the US, one would assume she was given "Indefinite Leave." That is what I read when I was researching the UK Settlement Visa. This is most definitely not the same as "Limited Leave." Maybe she called it limited leave by mistake or is unfamiliar with the correct terminology - Lord knows we've all been there at one time or another. Indefinite Leave is definitely Resident status, as many others can attest to that have gone the same exact route. Starla, just try to follow what Meauxna suggested. When it comes to DCF, since she's been there, done that, she knows what she's talking about.

MightBe

Yup good point.. But wrong
http://www.workingintheuk.gov.uk/wor...to_Remain.html

half-pint

A US spouse is not automatically given ILR, it depends on how long they've been married when applying for the settlement visa. If the couple lived outside the UK for four years prior to entering the UK the foreign spouse will get Indefinite Leave to Remain. Otherwise they will get Further Leave to Remain and then apply to have the conditions removed after two years. It used to be one year but the IND changed that last year.

Starla I hope that you manage to get this situation sorted out. When did you enter the UK? I was checking my husband's US passport. His original settlement visa did not state 'FLR' or 'ILR' it just gives a valid from to date and states that it is good for multiple entries. He also has a ILR stamp. I am just wondering if they gave you the wrong status...but then again I'm not sure if that would make a difference. You need to get in touch with the USCIS. I will check on my old documents and see if I can find any additional contact info and note it to you.

Ellie

sibsie

Search for posts by Anyonefortea on here. She managed to DCF and her husband wasn't living in the UK, nor did he have any sort of leave to remain at all. She swung it by getting her British MP involved.

L D Jones

MightBe wrote:

    >>Good point, LD.
    >>Since she applied for a spousal visa through the British Consulate
    >>here in the US, one would assume she was given "Indefinite Leave."
    >>That is what I read when I was researching the UK Settlement Visa.
    >>This is most definitely not the same as "Limited Leave." Maybe she
    >>called it limited leave by mistake or is unfamiliar with the correct
    >>terminology - Lord knows we've all been there at one time or another.
    >>Indefinite Leave is definitely Resident status, as many others can
    >>attest to that have gone the same exact route. Starla, just try to
    >>follow what Meauxna suggested. When it comes to DCF, since she's been
    >>there, done that, she knows what she's talking about.
    >
    >
    > Yup good point.. But wrong
    > http://www.workingintheuk.gov.uk/wor...page/work_per-
    > mits/mited_Leave_to_Remain.html
    >

interesting. presumably the OP does not have this since she has not
mentioned a work permit and since the consulate's web page is not
specific we'll probably never know if this is what they refer to as
"limited leave to remain." UK IND has changed a lot since I left the country