miami078

Hi there

I have posted a few threads regarding how to choose which visa to go for and have yet again another question.


My fiancee is a student here in the UK. He has been studying here for nearly 9 years, he studies in ireland from 1999 to 2002 and here in manchester from 2002 to present. During this time he has been on a student visa and although he has family in the USA and visits them every year, due to the length of time he has been in the UK has has classed this as his home.

we had previously looked into filing our visa here in the UK but had been put of because I think we read that the US citizen needs to have permanent residency here, not holding a visa with an end date on it. As my fiancee is on a student visa which states this runs out in march 2009 which had assumed this ruled him out. However I took another look at the USCIS london UK website and stumbled across a paragraph that said "U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom" may file their I-130 in the UK.

does anybody know how they define this exactly, does permission to reside mean he needs to hold an immigrant visa and be a permanent resident here or does the fact he has been re so long and that his student visa allows him to stay here mean he may be eligible. we marry in october and so he will have aprox 5 months left on his visa also (although I dont know if that is relevant).

If anybody could shed some light on this or know of any other websites where I find more information I would be very grateful.

many thanks

Miami

Noorah101

I think the embassy in London is flexible about this (although cracking down harder and harder lately). The only way to know for sure is to either: 1) ask them up front before you file anything; or 2) file the I-130 and see if they accept it. If they don't, they will return the whole package and your fee to you, and ask you to file in the USA. From what I know, it doesn't take long for them to make that decision, maybe a couple of weeks.

Rene

Noorah101

Also, see meauxna's post in your other thread: http://britishexpats.com/forum/showp...2&postcount=10

Rene

Ray

What on earth can you study for 9 year ..

miami078

he did another degree, a masters and is currently doing his PHD not sure on the exact timescale of everything though far to academic for me!

Noorah101

A little off-topic from what you asked, but either way, make sure he has filed at least his last 3 years of US tax returns. Doesn't mean he had to PAY, but he had to have filed them. If he did not, have him get started doing that...they will be needed either way.

Rene

Ray

Oh !! a professional student ...

miami078

I didnt know about having to file taxes will have to check with him, thanks for the advice

BritishGuy36

Sounds like he'll be of retirement age by the time he's finished.