Filing I-130 while living abroad on student visa

[bavlin 0]

Hello. I am trying to obtain a spousal visa while living abroad. I am a US citizen, born in Chicago, currently living in London, England with my wife, who is a Canadian citizen. We will have been married for four years in June. My wife is currently completing a master’s degree in London on a student visa and I decided to join her for the year. I am here on a student-dependent visa which allows me to work.

Here is our situation. I sent in the I-130 to the US Consulate in London, UK. They returned my application because they stated that, because we are here on a temporary visa, this is not considered our principal residence and we have to file with the USCIS center with jurisdiction. We own a property in Los Angeles, but have never lived there. Prior to London, we lived in the British West Indies, where I was on a work permit for almost 3 years. So, as you can see, our situation is a little unique. London is actually our principal residence, but, as far as they're concerned, it's not.

In most of the research I have done, this seems like it may be a problem for others reasons as well. As I understand it, I need to be living in the US and maintain a domicile there for the Affidavit of Support. Also, my earnings, while earned abroad for the last four years, far exceed the requirements for support and I file a US tax return every year. Do these count? I worked for a US company for three of these years.

My questions are: Should I file the application at the California Center, using my LA address as my domicile, even though I have never lived there? Should I file from a service center where I have family who will monitor my mail? Will I have to return to the US prior to my wife and start working and file from there? Will my earnings abroad count? Does anyone know another way to file at the London (or any other) center even though I'm here on a "temporary visa"?

Extremely confusing and frustrating. Please help!

[Lansbury 19]

Certainly under the current rules your are not eligible to go the DCF in London.

As to filing in the US, you would have to use an address where someone can monitor your mail, I would have thought, and use the appropriate center for that address.

As to the Affidavit of Support, that has to be based on US income or income that you will continue to receive once you are back in the US, or assets you can transfer to the US when you move back. If you cannot provide either you would need a joint sponsor in the US. That is not unusual as a lot of us lived in the UK for some years before we came to the US. In our case we used assets so my wife the USC, who had lived in the UK for 10 years, could sponsor me, lots of others have had to use joint sponsors.

Edited March 12, 2008 by Lansbury

[bavlin 0]

Thanks. In doing some more research, I see that I should file the I-130 with the Chicago Lockbox. Shouldn't my address of domicile match the current address on my G325A? I don't want the process to get stopped or denied because I misrepresented my current address. Does anyone have any experience with this?

The afidavit seems straight forward. I think I can figure that one out - maybe relocate ahead of my wife and start work in US.

Thanks for your help.

[Lansbury 19]

Shouldn't my address of domicile match the current address on my G325A? I don't want the process to get stopped or denied because I misrepresented my current address. Does anyone have any experience with this?

The afidavit seems straight forward. I think I can figure that one out - maybe relocate ahead of my wife and start work in US.

Thanks for your help.

For the paperwork with the I-130 we showed my wife's address as our address in London.

When we came to apply for my visa we showed her US domicile address as her sons address, she had her Oregon driving licence with that address on as proof of domicile there. The sponsor has to have a domicile in the US, fortunately the London Embassy appears to take a very opened minded view of what domicile means. The sponsor can also have a "temporary" mailing address in the UK.

Have you seen this page http://london.usembassy.gov/cons_new/faqs/...4_domicile.html

The paragraph defining temporary residence is the one they seem to have a very open and helpful mind about. That opinion is based on mine and others who have posted on VJ personal experiences.

[bavlin 0]

Okay. Thanks again for your reply. I too have a current California Drivers Liscense, but it lists another address on it. I can likely change that with the CA DMV without too much hassle. I just need to make sure my tenants check the mail and send me my new one. If not, I think that's grounds for eviction

Anyways, it appears my case is a bit conveluted. Does anyone know a good, reasonably priced (I hope that's not an oxy moron) immigration attorney?

Thanks,