I-130 filing in London as legal resident?

[Becky and Les 2]

Hello. I came to the UK in 2006 and February 2012 married my British husband. Throughout this time I've been in the UK under a student visa, but it expired 24 November 2012 and am now here as a visitor until 24 February when I go back to the States. I'm preparing to file the I-130 for my husband to go to the States, but am unsure where to send it. I see that if I'm classed as a 'legal resident' I can send it to London and it'll be processed faster. I can show that I've had valid UK Entry Clearance that I have/had permission from the UK Home Office to legally reside in the United Kingdom; and I can show that I have resided in the United Kingdom for at least six months from the date of arrival following approval of the UK Entry Clearance. I came here legally and can show my now expired visa, and the fact that I've been living here, but I'm unsure whether or not this is enough to classify me as a legal resident given the fact that I'm going back to the States at the end of February.

Can anyone tell me if I should file at the Embassy in London or if I should just send it to the US?

Thanks,

Becky

[Nich-Nick 3,354]

My opinion....File in the US. The web page used to make it clear that student visas didn't count. And you no longer have a valid one and are leaving anyway.

[Roosha 51]

But if she can file from the UK her petition will most probably get processed a LOT faster. I'd email the embassy to explain and make sure. If there's any way you can file directly with the consulate you'll have your visa in about 3/4 months instead of 8-10 months.

[epsonderby 85]

I think the fact that you don't have indefinite leave to remain will mean that you'll have to file in the US. The fact that you're now on a visitor visa means you are just that, a visitor - regardless of whether you've been in the country 6 months or longer.

Hopefully the embassy can clarify where you stand with regards to DCF from their point of view?

[Darnell 8,478]

My opinion -

as long as you are a legal resident in the UK, you can file the I-130.

If you must leave after filing the I-130, that's ok too, as you've fulfilled the requirement to be eligible to file the I-130 via DCF, already.

Edited January 28, 2013 by Darnell

[elmcitymaven 9,712]

My opinion....File in the US. The web page used to make it clear that student visas didn't count. And you no longer have a valid one and are leaving anyway.

This is the correct advice. You must have ILR or LLR, or be on a long-term work visa. Student visas don't cut it, and the OP is now in the UK on a visitor's visa, which definitely does not qualify one for DCF. Filing in the US is the only option.

[Becky and Les 2]

Thanks all. I emailed the embassy last night. I didn't get an automated reply that the email had been destroyed, but I'm not particularly hopeful that A) they'll reply or B) that they'll say that I can send the application to the embassy. Thanks all!

[Darnell 8,478]

This is the correct advice. You must have ILR or LLR, or be on a long-term work visa. Student visas don't cut it, and the OP is now in the UK on a visitor's visa, which definitely does not qualify one for DCF. Filing in the US is the only option.

Ah ! Apologies - I gave some wrong advice. Thanks for catching it !