I-130 filing confusion!!.. help!!

[lquin 0]

Hi all,

I am a new member and am looking for help please..!!!>..

Here is the situation..

I am a USC and am married to a UK citizen, we were married in the UK last year. We wish to file to come back the the US. I entered the UK on a fiancee visa, we were married and then I changed my visa status to a Spouse visa... the spouse visa the UK issues is valid for 2 years, then you have to renew the visa and they will give you indefinate leave to remain in the UK.

But now we wish to move back to the US.. Initially I thought that we could sent the I-130 petition to Homelands security in London, but becuase I currently have limited leave to remain in the UK (2years) I have been told even though we both work and live in the UK we have to send the petition to the USCIS in Vermont!!..

Can anybody advise the best course of action.. or any help

Thanks

[savagehagan 0]

Hi there, welcome to VJ,

It really depends on when you entered the UK but if it was less than 18/20 months ago (you don't say when you entered with the fiancee visa), you're out of luck and will need to file the I-130 in the US.

I believe the Embassy doesn't just look at what type of visa you hold, they look at how long you've been in the UK. My husband entered the UK in March 2003 on a student visa, a year before we were married, so although he has Limited Leave to Remain (until April 2006), they accepted our DCF application, as he had, at the time, been resident in the UK for 2.5 years.

Also, this way he can adjust his status to Indefinite Leave to Remain (ILR) and apply for Naturalization before we head to the US, and should we ever want to return to the UK, we won't have to go through all this paperwork again. Just something to think about... We stayed in the UK a year longer than we wanted to, but in the long run we decided it was worth it.

Good luck with your immigration,

Liz

[lquin 0]

Hi there, welcome to VJ,

It really depends on when you entered the UK but if it was less than 18/20 months ago (you don't say when you entered with the fiancee visa), you're out of luck and will need to file the I-130 in the US.

I believe the Embassy doesn't just look at what type of visa you hold, they look at how long you've been in the UK. My husband entered the UK in March 2003 on a student visa, a year before we were married, so although he has Limited Leave to Remain (until April 2006), they accepted our DCF application, as he had, at the time, been resident in the UK for 2.5 years.

Also, this way he can adjust his status to Indefinite Leave to Remain (ILR) and apply for Naturalization before we head to the US, and should we ever want to return to the UK, we won't have to go through all this paperwork again. Just something to think about... We stayed in the UK a year longer than we wanted to, but in the long run we decided it was worth it.

Good luck with your immigration,

Liz

Thanks for your reply !!!... so basically it can be done from the UK.. but all paperwork has to be sent to the US ?