bybarra

I'm a US citizen living in the UK for the past 4 years. I'm on a work permit with limited leave to remain that will extend until the end of April 2009. I've been living out of the US now for 10 years now (several different countries).

My Spanish husband (living in UK for 4 years) and I and our 10-month old daughter want to move to the US in early 2009 since I have a job starting there.

I can't figure out where to file the I-130 to start the process.

I think there might be 3 options:

1. In London, though it seems I can't get a straight answer as to whether they'll reject it since I'm on temporary leave to remain

2. In the US, but where? I don't have a home there.

3. In Spain, where my husband is from? But I'm not a resident there.

Any thoughts or similar experiences would be helpful. Thanks in advance.

Noorah101

I would try for number 1, if it gets denied you'll know in a few weeks and then can go for number 2. You can use a friend or family member's address in the USA. You don't qualify for number 3 since you're not a resident in Spain.

I'm moving your post to the marriage-based forum.

Rene
Moderator

bybarra

Thanks Rene.

So you think it's worth trying it here in London? The consulate people (all but one) have now told us that because of limited remain, they'll just send it back to us. They referred us to the Consulate newsletter of January 2007 that states as much.

Do you know whether I can send the petition to Chicago listing my UK address on it? Alternatively I can give my new work address in the US, though it's in a state that I've never lived in and the address isn't a residential property.

From what I understand, it takes months longer if the I-130 is filed in the US. I guess we'd consider applying for the K3 visa so my husband wouldn't be waiting around over here. Does this seem reasonable to you?

Noorah101

It's up to you. If you've already been told by the consulate not to try it, then skip it and file in the USA and save a few weeks of waiting.

I have not looked at the I-130 instructions lately, so I'm not sure how you determine where to file the I-130 in the USA. But I believe you will have to have a US mailing address that you can have someone check, because you will receive correspondence from NVC, and will have to reply back to them along the way. I don't think NVC will mail something to the UK...but others will chime in on this one...I'm not 100% sure.

Don't even bother with the K-3. It's no faster than the Immigrant Visa these days. The K-3 was useful several years ago when the Immigrant Visas were taking YEARS to process (the K-3 would take under year, so was faster than the I-130). But nowadays, both the Immigrant Visa and the K-3 take under a year to complete, and the K-3 is a big hassle.

Best Wishes,
Rene

meauxna

The point now should not be what visa type you are on in the UK, but the FACT that you have lived there full time for four years.

Since there is no penalty for filing your I-130 in London but having them not accept it, it is well worth your time to try (although, remember what Yoda says about 'try').
Others who have done this in the past have included abundant evidence.. mundane, everyday things, that show that they have been genuinely resident in the UK for +6 months. As you have four years' worth (and were resident outside the US prior to that).

To keep your chances as high as possible of having them accept it--stop asking! That seems to make them think about things they don't normally & confuses.
When I was in a similar situation (residency info was not clear cut), I presented my case as 'of course you will accept this because where else would I file?' That is, I didn't actually *write* that, but that was my attitude.


Based on past performance, if you put a UK address on a petition filed to the US, it will be sent back with instructions for you to file in the UK. A few people have had petitions bounce back and forth for months before resolving this.

US Service Center offices will generally not send correspondence overseas.

Finally, if you do wind up filing in the US, you'll want to get a mail delivery address in the US. Hopefully one that can forward your US mail to you in the UK.

bybarra

That's what makes sense to me (since I've been here so long I should file here). I mean really it doesn't make sense for me to file it in the US.

I definitely have lots of things I could add to the petition to show I've been here full time. I've have the leases, bank statements, all paystubs, gym membership, etc., etc.

Ok, I'll stop hassling the help line people. If I'm going to apply in London, I don't want them to see my petition and immediately think of me as the annoying one who calls on different days to ask the same question

When you sent your extra information, did you include a letter to the effect of "here are all of the documents showing that I've been full-time in the country"?

I thought the US government probably wouldn't spend extra on overseas postage.

Thanks for the tips!

meauxna

Oh why didn't you SAY?

The help line people? They are not Embassy employees, are located in Scotland and read from scripts. If you've been contacting the actual USCIS office in London, that is different.

Have you reviewed the I-130 filing instructions for London? They are pretty specific. I would include a cover letter that details the abundant evidence you have of being genuinely resident (this seems to be a pet phrase of theirs when refusing cases).

My I-130 filing was in person, so I had a slightly different approach.

Here's the 2 pages you really need to read to get a foundation for the process:

DCF - Filing your I-130 abroad - Direct Consular Filing

Instructions for Filing an I-130 & I-360 with the U.S. Citizenship & Immigration Services office in London


Note the special checklists in the right hand menu.

Noorah101

Ditto. I thought the actual embassy had already nixed it. The help line, forget about them! They don't have the final say in it. Go ahead and submit the I-130 with evidence of your "genuine residence" in the UK.

Rene

bybarra

OK, apparently I'm a little confused. The number I called is one I got off the embassy web-site. They call it their "Customer Call Centre", and is the number they list for all types of visa enquiries.

For beneficiaries residing in the UK: If you have questions concerning the second part of the processing (Immigrant Visa Processing); you can visit http://london.usembassy.gov/cons_new...ivprocess.html or alternatively, you may contact the Customer Call Centre at 09042-450-100.

So THIS number is the one in Scotland where they read from a script?

The thing that made me believe the people on the phone is the following from the embassy's Jan 2007 newsletter:
"The USCIS Sub-office at the U.S. Embassy in London accepts I-130 petitions from U.S. citizens who reside in the UK. U.S. citizens whose principal residence is not in the UK, and/or who have entered the UK as a temporary visitor/student/or with limited leave to enter and remain in the UK, must file the petition with the appropriate USCIS Service Center in the United States.

The London USCIS suboffice requires evidence in the form of a photocopy of the leave to remain stamp in the petitioner's passport (must also include a photocopy of the photo page of U.S. passport) or a letter from the Home Office confirming the petitioner's status in the United Kingdom; or a copy of the petitioner's orders if he/she is a member of the U.S. military stationed in the United Kingdom."

Even though my entry stamp is for limited leave to remain, we're going to give it a shot with the London filing and all of our documents. Thanks a lot for your suggestions.

ian-mstm

Yes.

Ian

Brodders

I am in a similar situation (i.e. in the UK on a 4 year ancestral visa with limited leave to remain). We arrived in the UK 3 years ago and spent a year there before being sent out to a British overseas territory on a UK government contract/Crown service. We'll be returning to the UK in October and I then intend submitting the I-130 petitions for my husband and children.

Bybarra, could you please let me know whether or not they accept your application as that should give me an idea of what to expect. We relocated to the UK after selling up everything in South Africa in 2005. And I have no address in the US as I left at a very young age. So I hope they accept my I-130s in London as the UK is currently our permanent place of abode. Not sure if our time spent in a British Overseas Territory would be regarded as not being "resident" in the UK, bearing in mind that I am here on a UK goverment contract?

bybarra

Sure Brodders. I'm happy to let you know what happens with us. I plan on submitting a bunch of evidence with our I-130 to show that I've really been residing here for 4 years Among documents I'm thinking about submitting: paystubs from the only job I've had here for 4 years now, gym membership, UK birth certificate for my daughter, leases for houses we rented, bank statements, credit card statements, Botanical garden membership, film club membership, etc.

To be honest, I don't know how much of these kinds of things to submit before it becomes overkill. I want them to know I've been here the whole time, but not to get irritated by a massive packet of info

We can't send in the I-130 right now, as my passport is with the home office getting another extension to my leave to remain... As soon as it arrives back to us, we'll send to London for DCF. Fingers crossed.

bybarra

Oh yeah, I should also say that I don't really know anything about how they factor in the Territories. Others on here might know more. I don't recommend the helpline though.

From what I understand, the I-130 accept/reject verdict from London should take on the order of a few weeks, so you might want to send yours in and see how it goes.

Good luck!

Brodders

Thanks. Yes, that's probably the best solution. I'll send it in only once we're back in the UK.

jeffreyhy

bb,

You have not gotten to immigrant visa processing yet. You are at the 1st stage, petition processing. I think you want to talk to CIS people, not embassy or consular people.

Regards, JEff