What to do!
Mar 20th 2010, 12:52 am
#1
Just Joined
Thread Starter
Joined: Mar 2010
Posts: 2
What to do!
Hi all.
This is a bit of a long story so bear with me....
I am a UK citizen and am living in the UK with my American wife,we have 2 kids who were both born here and we have lived in the UK since 2003,my wife obtained DLR(discretionary leave to remain) to live legally in the UK a year ago previously having no status here.
In 2004 we applied for a greencard from the UK using her mom in the US to help us out,think it was the Nebraska service centre that dealt with the case initially,the I-130 was approved and we got all the way to the stage of the the affidavit of support but it was never submitted,my wife was going to be travelling back at this point but she fell pregnant and money was very tight,the application fell flat on its face and nothing was ever done about it.
We have been in the UK ever since but our dream has always has been to go back to the US but were lost now and have no idea where do start,i have no idea what we should do about the previous application and even if we can apply within the UK this time,were worried that US Immigration will not take us seriously or just refuse another application because of what happened in the past.
Could anyone please give us some pointers of where to go from here,were serious about going for it this time so any help would be much appreciated....
Thanks.
This is a bit of a long story so bear with me....
I am a UK citizen and am living in the UK with my American wife,we have 2 kids who were both born here and we have lived in the UK since 2003,my wife obtained DLR(discretionary leave to remain) to live legally in the UK a year ago previously having no status here.
In 2004 we applied for a greencard from the UK using her mom in the US to help us out,think it was the Nebraska service centre that dealt with the case initially,the I-130 was approved and we got all the way to the stage of the the affidavit of support but it was never submitted,my wife was going to be travelling back at this point but she fell pregnant and money was very tight,the application fell flat on its face and nothing was ever done about it.
We have been in the UK ever since but our dream has always has been to go back to the US but were lost now and have no idea where do start,i have no idea what we should do about the previous application and even if we can apply within the UK this time,were worried that US Immigration will not take us seriously or just refuse another application because of what happened in the past.
Could anyone please give us some pointers of where to go from here,were serious about going for it this time so any help would be much appreciated....
Thanks.
Mar 20th 2010, 1:36 am
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What to do!
Just to be clear, you didn't apply for a green card from the UK before. You were on the path to apply for an Immigrant Visa. You won't get the green card until you arrive at the POE using your Immigrant Visa.
I don't know if the approved I-130 from your previous filing can be revived.
It would be easier to just start over with a new I-130. Yes, you can file the I-130 directly to London, as it seems you did before. The process is called Direct Consular Filing (DCF) on this forum, and there is a good Wiki guide here to check out.
http://britishexpats.com/wiki/DCF_I-130_Filed_In_London
Make sure to follow and read the links embedded in the above Wiki. Then come on back if you have any quesitons.
Rene
I don't know if the approved I-130 from your previous filing can be revived.
It would be easier to just start over with a new I-130. Yes, you can file the I-130 directly to London, as it seems you did before. The process is called Direct Consular Filing (DCF) on this forum, and there is a good Wiki guide here to check out.
http://britishexpats.com/wiki/DCF_I-130_Filed_In_London
Make sure to follow and read the links embedded in the above Wiki. Then come on back if you have any quesitons.
Rene
Mar 20th 2010, 2:01 am
#3
Just Joined
Thread Starter
Joined: Mar 2010
Posts: 2
Re: What to do!
Thanks Noorah
There is certainly alot to read up on but we should be ok with the requirements of the visa,it was the previous filing that worried me and if this would put a spanner in the works,we never applied through London before as my wife had no legal staus here at the time.
There is certainly alot to read up on but we should be ok with the requirements of the visa,it was the previous filing that worried me and if this would put a spanner in the works,we never applied through London before as my wife had no legal staus here at the time.
Mar 20th 2010, 2:05 am
#4
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What to do!
Thanks Noorah
There is certainly alot to read up on but we should be ok with the requirements of the visa,it was the previous filing that worried me and if this would put a spanner in the works,we never applied through London before as my wife had no legal staus here at the time.
There is certainly alot to read up on but we should be ok with the requirements of the visa,it was the previous filing that worried me and if this would put a spanner in the works,we never applied through London before as my wife had no legal staus here at the time.
Rene
