AnthonyIJSlade

I wonder if anyone can help, my now wife and I got wed a week ago I
have been here for almosta year on a J1 but have to go back to the UK
to rent my house and move my belongings etc. etc. I am thinking maybe
we should file the paper work in London but my wife can only come out
at Christmas as her work wont allow her to do any longer. Has anyone
done this before or heard of anyone doing this? And is it easily
achieved etc.

Noorah101

You cannot file your Immigrant Visa paperwork in London, because your USC wife would need to be resident in the UK for 6+ months in order to qualify for that.

Do you have the 2-year home residency requirement on your J-1?

If you don't have the 2-year HRR on your J-1, and you don't need to go back to the UK anytime very soon, you can apply for AOS right here in the USA. But if you do that, you should plan on not going back to the UK until you have either your Advance Parole (AP) in hand, or until you receive your green card. AP takes about 2 or 3 months to receive after filing AOS, and the green card take from 3 months to a year or more...lots of factors.

Or, you can return to the UK and have your wife file an I-130 petition for your Immigrant Visa. You will have to return to the UK to return some paperwork to London, get your medical, get the police certificate, and attend your Immigrant Visa interview...but then when you enter the USA using your Immigrant Visa, you'll become a PR upon entry. Of course if you have the HRR requirement, you'll have to stay in the UK for 2 years no matter what.

You might want to consult with an immigration attorney who can help you decide which route works best for you.

Best Wishes,
Rene