Filing in London - but husband returning to USA soon!

[louisajane 0]

Hi everyone,

First post here.

I have been reading extensively about DCF filing for a spouse visa - I am UKCitizen married to US citizen.

My OH has been living in the UK for 9months on spouse visa. We have been wanting to return to the US and we've prepared the I-130 to file in London.

My OH has received some bad family news from the US and is planning on returning there imminently - to be honest I don't think he'll be coming back to the UK, he wants to get things started over there for us.

I know that you are only supposed to file in London if he is resident here, but if we went ahead and filed in London would the immigration officers dealing with our application know? Could there be serious reprocussions for filing in London if my spouse has returned to the US in the mean time?

I would be waiting in UK until I get the visa.

Thanks for any help, much appreciated.

[elmcitymaven 9,712]

It is absolutely fine to start the ball rolling for DCF while he is still in the UK. As long as you file the I-130 and the G-325as while he is still resident (and in this case physically present) in the UK you are eligible. If you want to file DCF, you need to do it ASAP and before your husband gets on the plane. A number of people have completed DCF after their USC spouse has returned to the US, and it's not uncommon, but the key is that the USC must still be in the country at the time of filing.

Good luck!

[louisajane 0]

Thanks, that reply makes sense.

We have compiled everything and he's signed the I-130 and G325a. It looks like he's leaving tomorrow - I think I will send the paperwork in ASAP!! So looks like he won't physically be in the UK when we file - Uh! I don't know if I should worry about this or not?

[Penguin_ie 5,996]

Well, it sounds like you have everything ready, so ust send it off tomorrow; then he'll still be technically present, as it is the same day he is leaving, and you should be fine. Good luck!

[elmcitymaven 9,712]

Absolutely agree with Penguin -- send it in ASAP. Worst case scenario -- you get an RFE, but since you filed before he left you are golden.