LPR british resident where to apply for spouse- london or USA
Aug 14th 2008, 3:53 am
#16
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Joined: Sep 2002
Posts: 16,266
Re: LPR british resident where to apply for spouse- london or USA
OK, somewhat better. Thank you for admitting you error -- you put in "as" rather than "despite the fact" -- that error has created a lot of confusion.
Assuming that she is still a student and her program has a pretty firm ending date, she just may be OK. That may be enough to preserve her residency despite the travel pattern you indicate.
She will still have to file via the Chicago lockbox. However, the FB-2 category has a backlog -- so it is likely that you will NOT be able to join her immediately when she takes up residence in the states following completion of her studies. However, she will only have to wait 4 years 1 day before filing for naturalization. [The 90-day early rule may not apply in her case -- I think it does, but I've had cases where CIS says otherwise. It does not pay to fight over 90 days].
These cases are quite fact specific. I may be a lawyer, but I am not your lawyer. So, this posting is intended to be a general exposition and should not be considered legal advice to you.
Good luck.
Aug 14th 2008, 4:16 am
#17
Joined: Apr 2002
Posts: 35,082
Re: LPR british resident where to apply for spouse- london or USA
my wife got her green card in the visa lottery when she was a student in the united kingdom. She has not had a chance to live there since she got her green card
She does not pay taxes in the USA but she does have a bank account there. I dont know what the legal stand on this is? As i previously said she still has a "valid" green card as she has not stayed outside the usa for more than one year.
Is there any other information needed?
So though she is resident in the UK, she will have to file the i130 in the USA? the london embassy is not clear about this.
She will be my sponsor
She does not pay taxes in the USA but she does have a bank account there. I dont know what the legal stand on this is? As i previously said she still has a "valid" green card as she has not stayed outside the usa for more than one year.
Is there any other information needed?
So though she is resident in the UK, she will have to file the i130 in the USA? the london embassy is not clear about this.
She will be my sponsor
Your wife may not file a petition for you in London.
You were not married when she won the DV Lottery?
Aug 14th 2008, 8:35 am
#18
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Joined: Aug 2008
Posts: 3
Re: LPR british resident where to apply for spouse- london or USA
We married after she had already won the lottery.
the reason for my posting was that the usa embassy in london's website is not too clear on this matter. I quote:
"The first step in applying for an immigrant visa is for the U.S. citizen or LPR to file a immigrant visa petition, Form I-130, with the office of the United States Citizenship and Immigration Services (USCIS). U.S. citizens and LPRs resident in the United Kingdom should may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; those resident in the United States should contact their local USCIS office for further information"
web address is:
http://www.usembassy.org.uk/cons_new...amilypref.html
All logic points to what other members have said ie apply in the USA, but whether the consulate has made a typo or bad english or both I dont know.
If this is correct, does it reduce the waiting time?
the reason for my posting was that the usa embassy in london's website is not too clear on this matter. I quote:
"The first step in applying for an immigrant visa is for the U.S. citizen or LPR to file a immigrant visa petition, Form I-130, with the office of the United States Citizenship and Immigration Services (USCIS). U.S. citizens and LPRs resident in the United Kingdom should may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; those resident in the United States should contact their local USCIS office for further information"
web address is:
http://www.usembassy.org.uk/cons_new...amilypref.html
All logic points to what other members have said ie apply in the USA, but whether the consulate has made a typo or bad english or both I dont know.
If this is correct, does it reduce the waiting time?
Aug 14th 2008, 10:08 am
#20
Joined: Apr 2002
Posts: 35,082
Re: LPR british resident where to apply for spouse- london or USA
We married after she had already won the lottery.
the reason for my posting was that the usa embassy in london's website is not too clear on this matter. I quote:
"The first step in applying for an immigrant visa is for the U.S. citizen or LPR to file a immigrant visa petition, Form I-130, with the office of the United States Citizenship and Immigration Services (USCIS). U.S. citizens and LPRs resident in the United Kingdom should may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; those resident in the United States should contact their local USCIS office for further information"
web address is:
http://www.usembassy.org.uk/cons_new...amilypref.html
All logic points to what other members have said ie apply in the USA, but whether the consulate has made a typo or bad english or both I dont know.
If this is correct, does it reduce the waiting time?
the reason for my posting was that the usa embassy in london's website is not too clear on this matter. I quote:
"The first step in applying for an immigrant visa is for the U.S. citizen or LPR to file a immigrant visa petition, Form I-130, with the office of the United States Citizenship and Immigration Services (USCIS). U.S. citizens and LPRs resident in the United Kingdom should may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; those resident in the United States should contact their local USCIS office for further information"
web address is:
http://www.usembassy.org.uk/cons_new...amilypref.html
All logic points to what other members have said ie apply in the USA, but whether the consulate has made a typo or bad english or both I dont know.
If this is correct, does it reduce the waiting time?
If you go on to the instructions page, it's more abundantly clear:
Instructions for Filing an I-130 & I-360 with the U.S. Citizenship & Immigration Services office in London
Who can file their I-130/I-360 at the London Field Office?
The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom. See the I-130 Checklist for more details.
<snip>
Lawful permanent residents must file the I-130 petition in the United States.
At any rate, you won't be waiting on the petition approval as much as on a visa number to become available for you. Your sector is currently backlogged at 4-6 years.
And you still need to work out your wife's PR status/not.
Aug 14th 2008, 11:35 am
#21
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: LPR british resident where to apply for spouse- london or USA
Hi:
The issue is moot now anyways, but out of curiosity, did you marry before or after she entered the US on the DV visa? As I said, it makes no difference now -- but just wondering if there is an opportunity foregone.
I remember a long time ago, I had a client with a pending strong asylum case. Her fiance was in the US on a "subject to" J visa. I told them to get out my office immediately, go to the county clerk's office and get married by the judge that day! They listened and were married before the wife's asylum application was approved two days later! Sometimes, timing is everything.
The issue is moot now anyways, but out of curiosity, did you marry before or after she entered the US on the DV visa? As I said, it makes no difference now -- but just wondering if there is an opportunity foregone.
I remember a long time ago, I had a client with a pending strong asylum case. Her fiance was in the US on a "subject to" J visa. I told them to get out my office immediately, go to the county clerk's office and get married by the judge that day! They listened and were married before the wife's asylum application was approved two days later! Sometimes, timing is everything.
