very Unique Situation (born USA, raised Pakistan, currently in UK)

[birdyconfused 0]

Wonder if anyone of you been through this unique situation

I was born in New Jersey, moved to Pakistan with my family when I was 5 and recently (2 months ago) married and moved to UK with my husband. My husband is a Pakistani citizen working in the UK (he is on workpermit and does not hold permanent residency in Britain).

Now the questions and confusions are:

1. Where should I file petition I-130 for my husband? US Embassy London, US Embassy Islamabad or USCIS Vermont?

2. If I file I-130 at USCIS Vermont, do I need to be physically present in USA?

3. If I file at USCIS Vermont, what address should I supply on I-130 for correspondence? my current UK address or a US address ?

4. If I supply a US address, Could it be a relative's (e.g. brother, uncle) address or it got be an address where I am gona live with my spouse when he comes to USA?

5. For sponsoring my husband, I need to have a US domicile as explained here http://travel.state.gov/visa/immigr...nfo_1328.html#4. Since I never lived or worked in USA after 5 except for few visits. , how do I establish a US domicile when sponsoring (I-864)? Could social security number/card or an identification card or a bank account be used as a proof of US domicile? or if I arrange a place to live in US, could that be used as proof of domicile?

6. If our baby is born in the UK, do I have to apply family based immigration for him/her as well? or there are some easy process for that?

Any help and sharing of experience would be highly appreciated.

Thanks in advance

[canuhandleit 0]

If your baby is born in the UK and you are natural-born USC, you can file an easy form for your baby and walla, USC. Don't know about what else... but I would reccomend you guys to file both the I-130 and I-129F (K-3 route). The K-3 route usually takes 4-6 months, while the I-130 route can take 1-3 years! Your husband will be given a k3 visa to enter the USA and then just has to wait for the I-130 appointment to come (in the U.S.) and will become a permanent resident. Hopefully, someone else can explain this.

[meauxna 15]

Wonder if anyone of you been through this unique situation

I was born in New Jersey, moved to Pakistan with my family when I was 5 and recently (2 months ago) married and moved to UK with my husband. My husband is a Pakistani citizen working in the UK (he is on workpermit and does not hold permanent residency in Britain).

Now the questions and confusions are:

1. Where should I file petition I-130 for my husband? US Embassy London, US Embassy Islamabad or USCIS Vermont?

That is a darn good question. You can *try* London, but I would not be too optimistic about them accepting your case; you have only been there 2 months. A big question is how long you plan on living in the UK. This will impact where you have the visa interview. Patkistani male citizens are experiencing extra delay in their cases and he will need to have the ability to stay in the country of processing for the duration.

2. If I file I-130 at USCIS Vermont, do I need to be physically present in USA?

No.

3. If I file at USCIS Vermont, what address should I supply on I-130 for correspondence? my current UK address or a US address ?

again, this will depend on where he will attend his visa interview.

4. If I supply a US address, Could it be a relative's (e.g. brother, uncle) address or it got be an address where I am gona live with my spouse when he comes to USA?

It should be a stable US address where someone you trust picks up the mail.

5. For sponsoring my husband, I need to have a US domicile as explained here http://travel.state.gov/visa/immigr...nfo_1328.html#4. Since I never lived or worked in USA after 5 except for few visits. , how do I establish a US domicile when sponsoring (I-864)? Could social security number/card or an identification card or a bank account be used as a proof of US domicile? or if I arrange a place to live in US, could that be used as proof of domicile?

Your domicile issues are too complex for a short answer, but other non-resident USCs *have* successfully immigrated with less than what you say here. Search the archives (top of the page) for posts from Yovav, an Israeli resident USC who had not lived in the US before.

6. If our baby is born in the UK, do I have to apply family based immigration for him/her as well? or there are some easy process for that?

Any help and sharing of experience would be highly appreciated.

Thanks in advance

You already know that you can't pass your USC on to your child due to the physical presence test and are into territory I am not certain on. I believe that you get an immigrant visa for the child and they become USC as soon as they enter the US with that visa (instead of getting a green card, like all other immigrants).

A consultation with an immigration lawyer *familiar with Pakistan* would not be money poorly spent in your case.

[birdyconfused 0]

meauxna! wow thanks a bundle. I appreciate your help.

My husband is going to stay in UK for about 2 years and I am accompanying him on a dependent visa. He already holds a US B1/B2 visa for USA (which ofcourse took 6 months for him to get); wonder if that is of any advantage interms of faster visa processing.

I tried searching Yovav but no gain.

[meauxna 15]

meauxna! wow thanks a bundle. I appreciate your help.

My husband is going to stay in UK for about 2 years and I am accompanying him on a dependent visa. He already holds a US B1/B2 visa for USA (which ofcourse took 6 months for him to get); wonder if that is of any advantage interms of faster visa processing.

I tried searching Yovav but no gain.

hi birdy,

As you'll be in the UK for 2 years, it is a bit early to start your process, and I would say that since time is not of the essence, you have less to gain by filing I-130 in either of the Consulates. the problem with waiting too long to get things started is the Pak citizenship issue--there is one woman here with a much different history from yours, but she is still in a year+ 'administrative/security" review for her Pak husband. Be prepared for this common delay.

The B visa won't really help him in getting the immigrant visa (certainly not 'faster'), but it sure won't hurt. The extra time on your plate also gives you ample time to study the domicile issue and begin to put your roots toward the US, and show that you are planning to relocate. London, as a Consulate, has been quite flexible with the domicile issue in the recent past. Do remember your tax return etc---in fact, check the DCF Guide here: http://www.visajourney.com/forums/index.ph...om&page=dcf for more tips on the topic.

Yovav's posts are in the 'old' forum; you have to hit the archives to search. Try this link: http://tinyurl.com/hweaw OR from the advanced search page, select 'archives (http://www.visajourney.com/forums2/index.php?s=&act=Search&mode=adv) and adjust the date to 'any'. I just pulled all the posts by his user name.

That should give you plenty to chew on for awhile!

[birdyconfused 0]

meauxna

Thanks you again. I have found the posts from Yovav. Apparently I fulfill the requirements of US domicile. i.e. I have SSN, NJ Identification Card, and a bank account. I am planning to visit US this Septermber to establish more evidence of domicile.

US consulate in Pakistan has advised me to ring them on Monday morning. Hope they'll guide me right.

I think things would be much more easier if I need to file from Pakistan. Islamabad consulate is very quick to respond and aleast USCs can get telephone support from them.

I'll update on Monday as to what they advise me.

[Anyta Holland 1]

5. For sponsoring my husband, I need to have a US domicile as explained here http://travel.state.gov/visa/immigr...nfo_1328.html#4. Since I never lived or worked in USA after 5 except for few visits. , how do I establish a US domicile when sponsoring (I-864)? Could social security number/card or an identification card or a bank account be used as a proof of US domicile? or if I arrange a place to live in US, could that be used as proof of domicile?

This was not asked in our interview. I haven't lived in the USA since I was 3 and have no family there. I took a letter of a friend with whom we'll be staying once we get there should we not get the accomodation sorted before we go.

But I am not sure how would it work with you.

Good luck!

[birdyconfused 0]

US consulate Islamabd has advised me to file at London consular. And London consular has advised me, "It would appear that you can file here in London, however we can only make that decision when we review the petition." Therefore now I am ready to file in London.

Thanks all you nice people for the help.

[us1415 0]

although most of your questions are already answered just wanted to say good luck as I was in the same situation you were...(I was also 5 years old when I moved to karachi and was born in Chicago)