Hi there,
I'm a UK citizen married to a US citizen, and we've decided to relocate
to the states. My wife is in the UK with me on a spouse visa, and has
limited leave to remain (2 years) after which she would get indefinite
leave. Should she file the I-130 with the USCIS office at the US Embassy
in London, or do we still need to send it to the USCIS office in the
states?
I've been told two different things, the embassy website says that
unless she is a permanent resident with indefinite leave to remain, we
should file in the US, but I explained the situation to an operator at
the US Embassy in london and she said just to file it there...
Confused, and I dont want to mess it all up this early!

--
Posted via http://britishexpats.com

Hi there, I'm a UK citizen married to a US citizen, and we've decided to relocate to the states. My wife is in the UK with me on a spouse visa, and has limited leave to remain (2 years) after which she would get indefinite leave. Should she file the I-130 with the USCIS office at the US Embassy in London, or do we still need to send it to the USCIS office in the states? I've been told two different things, the embassy website says that unless she is a permanent resident with indefinite leave to remain, we should file in the US, but I explained the situation to an operator at the US Embassy in london and she said just to file it there... Confused, and I dont want to mess it all up this early!

There is a long, involved thread about which types of stamps *may* be
accepted for filing in London:
http://www.visajourney.com/forums/index.php?showtopic=39634

London USCIS is deciding whether or not the USC is *really* living in
the UK, or has only been there a short time. There are no facts to share
on this right now.

My position would be: if they are not going to accept in in London, they
decide immediately, so why not go for it? Worst case you 'lose' a week
before you send it to the US Service Center.

--
Posted via http://britishexpats.com

They wont accept through London on a "limited leave to remain" Visa. We
tried the same and they returned it to us with the information on how to
file in the USA . You need to be a permanent resident in the UK to do DCF
nowadays.

"The U.S. Citizenship and Immigration Services at the U.S. Embassy in London
accepts I-130 petitions from U.S. Citizens who reside in our jurisdiction.
U.S. Citizens whose principal residence is not in our jurisdiction, and/or
who have entered the United Kingdom as a temporary visitor/student/or with
limited leave to enter and remain in the United Kingdom, must file the
petition with the appropriate USCIS Service Center in the United States."
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

They wont accept through London on a "limited leave to remain" Visa. We tried the same and they returned it to us with the information on how to file in the USA . You need to be a permanent resident in the UK to do DCF nowadays. "The U.S. Citizenship and Immigration Services at the U.S. Embassy in London accepts I-130 petitions from U.S. Citizens who reside in our jurisdiction. U.S. Citizens whose principal residence is not in our jurisdiction, and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States." http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

yeah, i read that too... seems that some people have different
experiences. maybe i'll call again and if lightning strikes twice (and i
get told we can use DCF) i might just try it and cross my fingers :/

--
Posted via http://britishexpats.com

yeah, i read that too... seems that some people have different experiences. maybe i'll call again and if lightning strikes twice (and i get told we can use DCF) i might just try it and cross my fingers :/

Phoning is useless, unless you phone the USCIS Field Office; they (not
the Consulate or the phone bank staff in Scotland, where your phone
calls go) make the go/no go decision.

--
Posted via http://britishexpats.com

yeah, i read that too... seems that some people have different experiences. maybe i'll call again and if lightning strikes twice (and i get told we can use DCF) i might just try it and cross my fingers :/

You have to be a permanent UK resident otherwise you will have to file
with your local field office.

We tried it and within a week we got a reply saying you have limited
leave and need to apply at the Vermont centre

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Posted via http://britishexpats.com

You have to be a permanent UK resident otherwise you will have to file with your local field office. We tried it and within a week we got a reply saying you have limited leave and need to apply at the Vermont centre

jsgill,

Regional service center, not local field office.

Regards, JEff

--
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)
Posted via http://britishexpats.com

They wont accept through London on a "limited leave to remain" Visa. We tried the same and they returned it to us with the information on how to file in the USA . You need to be a permanent resident in the UK to do DCF nowadays. "The U.S. Citizenship and Immigration Services at the U.S. Embassy in London accepts I-130 petitions from U.S. Citizens who reside in our jurisdiction. U.S. Citizens whose principal residence is not in our jurisdiction, and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States." http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

Gold Edition: how long had the USC lived in the UK at the time you and
your spouse applied for the I-130 at the US Embassy in London?

--
Any info provided is solely as a lay person and should not be considered
legal advice.

1/24/04: s
Posted via http://britishexpats.com

We got married in Vernal, Utah in May 2004 and came back here in June (2
weeks later with her limited leave to remain visa). We didnt apply to London
(Tried the DCF route) until about November 2004. One funny thing did occur
though, our center was Nebraska and yet it got sent to California for
processing and by January was already at the NVC. I just recieved packet 3
this week and so we are almost there now thankfully. We didnt elect to go
the K3 route because everything seemed to be going fast enough to hold out
on the I-130 etc. Besides this way I dont need to adjust status neither.

Gold Edition: how long had the USC lived in the UK at the time you and your spouse applied for the I-130 at the US Embassy in London? -- Any info provided is solely as a lay person and should not be considered legal advice. 1/24/04: s Posted via http://britishexpats.com

Hi there, I'm a UK citizen married to a US citizen, and we've decided to relocate to the states. My wife is in the UK with me on a spouse visa, and has limited leave to remain (2 years) after which she would get indefinite leave. Should she file the I-130 with the USCIS office at the US Embassy in London, or do we still need to send it to the USCIS office in the states? I've been told two different things, the embassy website says that unless she is a permanent resident with indefinite leave to remain, we should file in the US, but I explained the situation to an operator at the US Embassy in london and she said just to file it there... Confused, and I dont want to mess it all up this early!

100% in England my wife and i went to new york to get her british visa
done in a day and we have now applied for our uk visa and are awaiting
pack 4 and we filed in london with the 2 year visa, don't forget it is
indefinate in a sense due to it being made permanent after 2 years. Hope
this helps

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