File in the US or UK

[Asuka 0]

Hi I'm a German citizen married to an American and we're getting ready to file my I-130 for my Green card. However we are confused on a few points. When we do the initial filing, he will be in the US and I will be in the UK. Now he will join me a few weeks later, by the time he will join me they'll probably not even have processed it. Anyway we are wondering if we have to file in the US or in the Embassy in London? Can we send it to the US Visa center and than (once he comes to the UK) change his address and have all the paperwork send to us in the UK? Might that delay things? Thank you in advance!

[LotofPatience 65]

Guide here: http://www.visajourney.com/content/guides

Loto

[Asuka 0]

Guide here: http://www.visajourney.com/content/guides

Loto

Thank you but I am still confused. Because the thing is that the DCF form states that we can only file the I-130 in the UK if my husband (the US citizen) has lived there for at least 6 months. But for the purpose of saving time we want to file as soon as possible (while he is still in the US). But he will move to the UK soon after that and we do not want to sit around there for 6 months before we start filing. My husband will be in the UK on an EEA Family member visa and will join me in the UK for the whole 9 months that I will be there. Is there such a thing as "intent" that they would accept? We've reached a point where we are just completely overwhelmed and can't even find a point to start.

[LotofPatience 65]

Thank you but I am still confused. Because the thing is that the DCF form states that we can only file the I-130 in the UK if my husband (the US citizen) has lived there for at least 6 months. But for the purpose of saving time we want to file as soon as possible (while he is still in the US). But he will move to the UK soon after that and we do not want to sit around there for 6 months before we start filing. My husband will be in the UK on an EEA Family member visa and will join me in the UK for the whole 9 months that I will be there. Is there such a thing as "intent" that they would accept? We've reached a point where we are just completely overwhelmed and can't even find a point to start.

As per your statement, you are married and not qualified for DCF, then only option is IR1/CR1. This has to be filed with the USCIS here. I don't think this can be transferred to UK. To follow up your I-130 petition, NVC process, somebody (preferably your husband) has to be in the U.S. Also, as part of NVC process, there is an Affidavit of Support (I-864) where there must be min. income requirement to overcome the poverty guidelines to sponsor you.

Loto

[Darnell 8,479]

IMO, either way ya go, ya gotta wait 8 to 11 months.

Some projected timeline for you, I-130 filed to lockbox in Chicago -

File I-130

Approval - 5 to 6 months later

Approved I-130 sent to NVC - 2 weeks

NVC Processing (DS-230, I-864 intake) - 1 to 3 months

Appointment date set - 1 month

interview - 2 weeks to 1 month

min time - 8 months. max time - 11.5 months

Some projected timeline for you, I-130 filed to US Embassy/London -

Wait 6 months before becoming eligible

File I-130, get approval - 1 month

File DS-230, get appointment date - 1 month

interview appointment - 2 weeks to 1 month

min time - 8.5 months, max time - 9 months

Let us know what you decide, later ?

Good Luck, and welcome to VJ !

Edited August 20, 2010 by Darnell

[Asuka 0]

As per your statement, you are married and not qualified for DCF, then only option is IR1/CR1. This has to be filed with the USCIS here. I don't think this can be transferred to UK. To follow up your I-130 petition, NVC process, somebody (preferably your husband) has to be in the U.S. Also, as part of NVC process, there is an Affidavit of Support (I-864) where there must be min. income requirement to overcome the poverty guidelines to sponsor you.

Loto

Well I guess than we HAVE TO file in the US since my husband doesn't qualify for DCF. Where should we file though? To the Center that's responsible for SD (that's where he currently lives) or for NC (where his permanent address is)?.

And why does he HAVE TO be in the US in order for us to file it? That's the part I don't understand. If he's allowed to legally reside in the UK (for a limited time), shouldn't he be able to file from there as well? I mean he is coming to the UK so that we don't have to be apart for long again, shouldn't that be the desirable way?

I understand the employment problem with the I-864, but we have assets and already have a joint sponsor, as my husband is probably not going to be able to meet the requirements (he probably won't be employed by the time we file and if he does, it will be in the UK).

That brings me to my next worry, we will have to file for change of address when he moves correct? Where do we send it to? I've read the instructions on the I-865 "Sponsor's Notice of Change of Address" but it only offers you the 4 USCIS Service Centers in the US, depending on what US state you move to....

[Asuka 0]

IMO, either way ya go, ya gotta wait 8 to 11 months.

Some projected timeline for you, I-130 filed to lockbox in Chicago -

File I-130

Approval - 5 to 6 months later

Approved I-130 sent to NVC - 2 weeks

NVC Processing (DS-230, I-864 intake) - 1 to 3 months

Appointment date set - 1 month

interview - 2 weeks to 1 month

min time - 8 months. max time - 11.5 months

Some projected timeline for you, I-130 filed to US Embassy/London -

Wait 6 months before becoming eligible

File I-130, get approval - 1 month

File DS-230, get appointment date - 1 month

interview appointment - 2 weeks to 1 month

min time - 8.5 months, max time - 9 months

Let us know what you decide, later ?

Good Luck, and welcome to VJ !

Darnell, what are you basing these times on? the 6 months waiting for becoming eligible aside, that would mean the whole filing abroad process takes only 3 months???

[LotofPatience 65]

Darnell, what are you basing these times on? the 6 months waiting for becoming eligible aside, that would mean the whole filing abroad process takes only 3 months???

Yes, filing abroad (DCF) is faster if your husband meets the residence abroad (at least 6 months).

Loto

[LotofPatience 65]

Well, see my inline response.

Loto

Well I guess than we HAVE TO file in the US since my husband doesn't qualify for DCF. (Currently your husband is not qualified for DCF)

Where should we file though? (Everybody sends to Chicago Lockbox and they will route it to the appropriate center)

To the Center that's responsible for SD (that's where he currently lives) or for NC (where his permanent address is)?.

And why does he HAVE TO be in the US in order for us to file it? (He may or may not be in the U.S., When you are at NVC stage, somebody needs to be responsible for all communications, that's all)

That's the part I don't understand. If he's allowed to legally reside in the UK (for a limited time), shouldn't he be able to file from there as well? I mean he is coming to the UK so that we don't have to be apart for long again, shouldn't that be the desirable way? (He can be in U.K with you)

I understand the employment problem with the I-864, but we have assets and already have a joint sponsor, as my husband is probably not going to be able to meet the requirements (he probably won't be employed by the time we file and if he does, it will be in the UK). (Then no problem in I-864)

That brings me to my next worry, we will have to file for change of address when he moves correct? (Yes)

Where do we send it to? (To USCIS, contact them after submitting I-130)

I've read the instructions on the I-865 "Sponsor's Notice of Change of Address" but it only offers you the 4 USCIS Service Centers in the US, depending on what US state you move to.... (I-865 is needed for change of address, after I-864 execution)

[Asuka 0]

Yes, filing abroad (DCF) is faster if your husband meets the residence abroad (at least 6 months).

Loto

I get the concept that filing abroad is faster, but THAT MUCH faster?

[LotofPatience 65]

I get the concept that filing abroad is faster, but THAT MUCH faster?

Yes it is, plus add a coefficient factor of few weeks to a month.

Loto

[Asuka 0]

Yes it is, plus add a coefficient factor of few weeks to a month.

Loto

Wow, that would be great....may I ask what you are basing this knowledge on though? My husband always questions everything so I want to be able to tell him Thank you so much for your help!

[Asuka 0]

That brings me to my next worry, we will have to file for change of address when he moves correct? (Yes)

Where do we send it to? (To USCIS, contact them after submitting I-130)

To the USCIS....where? Which office?

[LotofPatience 65]

Wow, that would be great....may I ask what you are basing this knowledge on though? My husband always questions everything so I want to be able to tell him Thank you so much for your help!

Check out Igor's list here: http://www.visajourney.com/timeline/monthly_filers.php?visa=3&form=2&scenter=1&option=1&sortby=2

It is a mix of USCIS (filed in the U.S) and Consular Post (DCF). You can browse through it.

Darnell, Do you have separate timeline list only for DCF filers in U.K?

Loto

[LotofPatience 65]

To the USCIS....where? Which office?

http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Resources-3rd%20level/How%20Do%20I%20Guides/F2en.pdf

Contact# http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=943696981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD

Loto