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Posted

Dear All,

I am very confused about filing in London as have been reading a loads of information floating online and some information is so contradictory that it is very scary - what to believe. I write this post to seek some help.

My situation:

US citizen, currently in the Uk on HSMP (highly skilled migration programme) visa since the Feb 2008 and my wife is an Indian citizen currently with me in the UK on HSMP dependant visa since the April 2008.

I working here since the March and my wife has started working in the Sept, we both live in a rented accomodation and have a joint bank account.

When I filed I-130 at the London office, it came back with a letter stating that as I have not been in the UK long enough, I will need to file the petition in the US.

How do I justify my residency status? I do not have any address in the US, as I was renting an appartment there.

Any help is much appreciated.

Cheers

Posted
Dear All,

I am very confused about filing in London as have been reading a loads of information floating online and some information is so contradictory that it is very scary - what to believe. I write this post to seek some help.

My situation:

US citizen, currently in the Uk on HSMP (highly skilled migration programme) visa since the Feb 2008 and my wife is an Indian citizen currently with me in the UK on HSMP dependant visa since the April 2008.

I working here since the March and my wife has started working in the Sept, we both live in a rented accomodation and have a joint bank account.

When I filed I-130 at the London office, it came back with a letter stating that as I have not been in the UK long enough, I will need to file the petition in the US.

How do I justify my residency status? I do not have any address in the US, as I was renting an appartment there.

Any help is much appreciated.

Cheers

Did you include a copy of the page in your passport with your visa and your arrival date? Did you include a copy of the UK rental agreement and a bank statement from your joint account? What about a copy of the council tax bill? If so, I am pretty baffled. I would have thought that your visa counted as resident for sure.

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Posted
Dear All,

I am very confused about filing in London as have been reading a loads of information floating online and some information is so contradictory that it is very scary - what to believe. I write this post to seek some help.

My situation:

US citizen, currently in the Uk on HSMP (highly skilled migration programme) visa since the Feb 2008 and my wife is an Indian citizen currently with me in the UK on HSMP dependant visa since the April 2008.

I working here since the March and my wife has started working in the Sept, we both live in a rented accomodation and have a joint bank account.

When I filed I-130 at the London office, it came back with a letter stating that as I have not been in the UK long enough, I will need to file the petition in the US.

How do I justify my residency status? I do not have any address in the US, as I was renting an appartment there.

Any help is much appreciated.

Cheers

That's weird. An HSMP visa is as long-term as you get! When did you file the I-130? Seems like after 6 months or so on a long-term visa like that would qualify.

I agree with Margot...did you send a copy of your UK visa with the entry stamp showing February 2008 (or even earlier if you have another visa from before)...when I applied I sent a copy of a newer visa, and the entry date was too recent. I had to send a copy of my old UK visa to show an earlier entry date.

Just out of curiosity, are you guys considering giving up your HSMP visa status? I was thinking of applying at some point, but I wasn't sure of the stipulations. If you leave the UK for a certain period of time, do you lose it? Or will it just not be renewed after the 2 year trail period is over?

DCF London

2007-08-09 Married

2008-02-15 (Day 1) Filed I-130 for CR-1

2008-02-20 (Day 6) Received RFE

2008-02-21 (Day 7) Returned RFE

2008-02-26 (Day 12) Credit card charged $355

2008-05-15 (Day 92) Received RFE

2008-05-16 (Day 93) Returned RFE

2008-06-11 (Day 119) Received RFE in the form of face-to-face interview on 17 June.

2008-06-17 (Day 125) RFE interview

2008-06-23 (Day 131) Received Packet 3

2008-06-24 (Day 132) Returned Checklist, DS-230

2008-07-03 (Day 141) Received Packet 4

2008-07-09 (Day 147) Medical (approved)

2008-07-18 (Day 158) Interview (approved)

2008-07-22 (Day 162) Passport and visa in hand

2008-07-25 (Day 165) POE - Atlanta, GA

ROC

2010-05-25 (Day 1) Mailed off I-751, check, and evidence to VSC

2010-06-07 (Day 15) Received NOA1, dated 2010-05-27

2010-07-30 (Day 66) Received Bio Appt letter, scheduled for 2010-08-16; will be out of town

2010-07-30 (Day 66) Mailed off request for new appointment date

2011-05-23 (Day 363) Biometrics appointment

2011-07-11 (Day 412) Conditions Removed

N-400

2012-10-23 (Day 1) Mailed N-400 Application (PHX)

2012-12-06 (Day 44) Biometrics appointment (PHX)

2013-01-29 (Day 98) Interview (approved)

Posted
Did you include a copy of the UK rental agreement and a bank statement from your joint account? What about a copy of the council tax bill? If so, I am pretty baffled. I would have thought that your visa counted as resident for sure.

I am currently filling out an I-130 to petition for my wife, but on the checklist instructions, it says "Do not submit extraneous documentation, photos, bank/tax statements, etc."

Did you submit a rental agreement and bank statement for your I-130? Or are the required documents for a fiancee visa different than a visa for a married couple?

DCF Immigration Timeline

-------------------------

25 Nov 2008 - Sent I-130 to London USCIS office

01 Dec 2008 - I-130 received by Embassy

19 Dec 2008 - Petition Approved

24 Dec 2008 - Notice of approval received

03 Jan 2009 - Packet 3 received

03 Feb 2009 - Medical Exam completed

15 May 2009 - INTERVIEW!

18 May 2009 - Interview went well, but Visa not granted. More paperwork to submit, more hoops to jump through

01 June 2009 - Sent in required paperwork Part 2

18 June 2009 - VISA GRANTED!!! WOO HOOO!!!

1500616j7ioakmay7.gif Glenn + Carole 130620yypgdmap0q.gif

Posted
Did you include a copy of the UK rental agreement and a bank statement from your joint account? What about a copy of the council tax bill? If so, I am pretty baffled. I would have thought that your visa counted as resident for sure.

I am currently filling out an I-130 to petition for my wife, but on the checklist instructions, it says "Do not submit extraneous documentation, photos, bank/tax statements, etc."

Did you submit a rental agreement and bank statement for your I-130? Or are the required documents for a fiancee visa different than a visa for a married couple?

They are really silly. If you don't show proof that you're able to file directly, they'll return the petition. So I completely ignored the rule when filing the I-130 for my husband - I had no problem at all. I think they have the rule just so that they don't get HUGE packages all the time.

I am not sure what you mean by mentioning a fiancee visa. :)

Do the instructions ask you to include a copy of your passport page with the UK visa and arrival stamp? If not, include that at the very least. A copy of a council tax bill showing both names at the same address is also another good way to show that you're resident in the UK without stuffing a lot of extra paper in.

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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