DCF in London with 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!

[YuAndDan 153]

Firstly, yes you need a residency stamp from the UK in order to file I-130 at the consulate.

The Domicile is not an issue you own a property in the USA that you can claim as domicile. You do not have to be living in the US to maintain domicile.

You will need evidence that income will continue once you do return to the USA. Many who do DCF will use a Joint sponsor in the USA.

[bavlin 0]

Thanks. In doing some more research, I see that I should file the I-130 with the Chicago Lockbox. I have a property in Los Angeles, but what do I show as my current addres in the G325a? If I use the LA address, then it will look as though my wife and I don't live together. Also, I don't have anyone to monitor my mail there. 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.

[Chica Yeyé 41]

This seems unusual. My husband (USC) was the foreign student in Canada, and I (beneficiary) was on the same type of permit you seem to be on. We did not have any problems --- we just needed to prove legal residence in Canada.