meauxna

I don't mean to pile up on you M S, but I want to point out too that there is no period of time that a US citizen must remain in the US (or a UKC in the UK). I think there used to be a restriction on newly naturalized citizens but no longer. In fact, being out of the US for long periods of time was one of the reasons we wanted my DH to natz.

IOW, there is no "too long".

Bluegrass Lass

Not really, as long as one passport matched the ticket name, I would see no problem. Besides, the US doesn't care what name a person has in their British passport, maiden or married, as long as whatever name you want to use is used consistently on all the US forms.

You are implying that a woman simply must change her name to her hubby's, hence the implication of sexism. You can have your UK PP in one name, and your US PP in another, doesn't really matter.

M S

Are you getting my point that she could not leave the UK on a british passport, which has a different name than the one on the tickets. If the US passport and flight tickets had her new married name, and her british one didnt could she use her british passport and flight tickets to leave the UK??????????

neil

You wouldn't want to - as you must enter the US on a US passport (as a USC) then you would have to leave the UK on the US passport. The only time you would use the UK passport during the trip would be getting through passport control when entering the UK.

M S

Thank you Neil, that is the point I was trying to make, as entering the UK you wouldnt have to show flight tickets, that didnt match your passport. On leaving the US, leaving UK and entering the US again, they would have to show the US passport.

M S

I would not be sexist to my own wife who submitted this thread. Or how would I know by looking at her question that she had just got married and was doing the I 130, thanks for the comments though

neil

Nobody had said anything different - the only reference I saw in this thread was using the British passport to enter the UK, not on leaving.

Bluegrass Lass

Well, we certainly had no clue you were married to the OP. The relationship wasn't obvious. Congrats.

M S

You also mentioned that as she is a US Citizen she could shorten the length of time the I 130 took by petitioning in London??? How would that work??

Bluegrass Lass

Well, from the sounds of it, she's also a UK citizen too, right? Well, from what I understand, she should be able to file the I-130 for a spousal visa directly with the US Consulate in London, as opposed to filing the I-130 with a USCIS service center in the US. On this forum, we commonly call that Direct Consular Filing (DCF). Filing in London takes generally about 5-6months, instead of the normal 8-10 months filing at a Service Center takes.

A USC can file an I-130 if they have resided in the UK (with the correct visa) for a minimum of 6months (though London has been getting pickier on this). In your case her UK citizenship can be used for the residency requirement, and she file the I-130 in London. If I'm wrong on that, I'm sure someone else will pipe up and correct me. But do some research on there for DCF. Also, the moderator Meauxna, has several links in her signature that describe who is eligible for DCF and the DCF process.

meauxna

That is ridiculous. The two of you have been posting here for a while under 'M S' and M joins with a new nickname and we are supposed to know who she is?
And then you, her husband, post to her thread as if you do not know her?

meauxna

Even as a dual citizen, she must be regularly resident in the UK to qualify to file in London.

Bluegrass Lass

Hmmm, but how would they know she wasn't?

meauxna

The date on her natz certificate?

Bluegrass Lass

What if she only gave them a copy of her US passport? I don't think that shows a natz. date. Do you think she could get away with only showing the PP, and not the natz. certificate?

If anything, it wouldn't hurt for them to try the DCF route, the worst that happens is that they lose a few weeks of processing time. They won't even lose the I-130 fee, since London so kindly returns those with the application.