Is London always unhelpful?

[mads 0]

Hello there,

I'm at a bit of a loss to understand how the USCIS can be so unhelpful in London. Here was a question I posted (my situation does sound complicated, but surely someone at immigration should be able to help me)...

Dear Visa Officer,

I am a US and Dutch citizen (I hold both a U.S and

Dutch passport) and I have been living in the U.K for

the past 12 months (I am able to legally reside here

becuase I am a citizen of the European Union). I also

lived in Northern Ireland for 3 years when I was a

child.

My wife is a British citizen, but we wish to move to

the U.S. Is it possible for me to file a petition

I-130 for my wife here at the embassy in London?

Thank you for your help.

Now here is their response...

"Please submit the I-130 to this office with an international bank draft

or

U.S.

money order for $190.00. We won't be able to make a determination

until you

send the documentation to this office. "

Is this standard, or is London particularly difficult???

I have no idea how I am to determine whether I'm even able to apply for DCF in London.

Please send your advice.

[Toledospod 0]

Hello there,

I'm at a bit of a loss to understand how the USCIS can be so unhelpful in London. Here was a question I posted (my situation does sound complicated, but surely someone at immigration should be able to help me)...

Dear Visa Officer,

I am a US and Dutch citizen (I hold both a U.S and

Dutch passport) and I have been living in the U.K for

the past 12 months (I am able to legally reside here

becuase I am a citizen of the European Union). I also

lived in Northern Ireland for 3 years when I was a

child.

My wife is a British citizen, but we wish to move to

the U.S. Is it possible for me to file a petition

I-130 for my wife here at the embassy in London?

Thank you for your help.

Now here is their response...

"Please submit the I-130 to this office with an international bank draft

or

U.S.

money order for $190.00. We won't be able to make a determination

until you

send the documentation to this office. "

Is this standard, or is London particularly difficult???

I have no idea how I am to determine whether I'm even able to apply for DCF in London.

Please send your advice.

Well, I must admit its not the friendliest of replies! However, I think this is a standard reply sent to all potential visa applicants. They don't know anything about you or your wife yet(even though you have e-mailed them), so in order to determine whether you can do DCF or not, they need some basic details from you as the sponsor about your wife. Once they have the I-130, they can advise you whether you can do DCF or whether you need to file back in the US(you'll have to pay the fee of $190 first so that tey will process the I-130). I beleive that you may not be able to apply trough DCF as you haven't lived in the UK for long, but perhaps someone else could confirm this. According to someone else I have been talking to on here, they were told by the London Embassy that they would have to be in the UK for more than 2 years to do DCF. I went through DCF myself, but that was because my wife has been living in the for 4 years before she met me(she is the USC).

Hope this helps and good luck!

[kmineo 0]

Does sound typical of the office, but I guess they do need more information to determine who qualifies and they probably have gotten in trouble in the past of telling people over the phone or email that they qualify or don't qualify when they actually do. I mean you could talk to a dozen people and you will probably get 12 different answers.

As for your qualification. I would assume you do. Similar situation with me although I have Irish/American passports. As proof of residency I think I sent them my NI card (not positive on that though) and a copy of my Irish Passport. No questions or request for further info. I think I was living in the UK for about 19 months at that time. But I have heard there is a year benchmark, but I have also heard that isn't really that true either. I would give it a try, if not they will just send it through the normal process. But I am guessing you alright.

Cheers

Kevin

[Evi 0]

Thanks for all that. Only problem is that the reason I want to return to the US with my wife is because I haven't been able to find work here, hence I have no NI number! If anyone knows of any other kind of proof, please let me know

[meauxna 15]

Is this standard, or is London particularly difficult???

It's totally standard for London.

I do suggest that you detach from 'helpful'/unhelpful--they just are how they are & it is your job to learn how to use their service <shrug>. Which I realize doesn't sound so great, but there you go. You run a higher risk asking them for any immigration advice than you do by checking past users of their service.

Your job is to put together an I-130 packet with compelling evidence that you are/have been genuinely resident in the UK for as long as you have been. Try to not focus on what you *don't* have (NI#) but what evidence you *do* have that you've really been living there and not just made a temporary stop. It should not hurt you to inform them that you are a dual national and able to live visa-free with your EU passport.

Each case is individual, and while London may have some published guidelines, each submission will be looked at for its own merits as to 'accepted' or not..

Submit that with your fee and the other required documents, photos etc and wait a couple of weeks. Usually you will know within that time if your case is accepted (you'll get a postcard saying so) or not (your packet and I believe your payment will be returned to you with instruction to file in the US).

Once the I-130 is underway, you are free to leave the UK and your spouse can continue with the visa application. You can be settling housing and US employment during the 2-3 months that I *think* it is currently taking for an Immigrant Visa interview.

Since your wife will need all the documents for that appointment no matter which way you file the I-130, she can start ordering her police and military records now, and gathering copies of her long form birth certifiate, previous marriage/divorce docs etc.

[Euro 3]

I didnt actualy think that email was UNhelpful??

send the form & fee and find out, but you will be applying as a USC so do you think they will process you at the embassy as your status is through your europeon passport.............it will be very interesting to see, Good Luck

[Anyta Holland 1]

I am not entirely sure that it was an unhelpful email, I have to agree with someone who said that they can not give much information in case they don't give the accurate one. As meauxna mentioned, I believe each case gets looked at individually and not under a set of rules where if you do not comply with one of them, then you will get denied!

I have dual nationality as well, and I had just been leaving in the UK 2 years when we applied. We had only been married for over 6 months and I had had my Limited Leave to Remain probably for only 5 months.

I didn't have a clue when I started, and then I found this site which helped a lot to understand what was happening.

I think you should try and send your I130 and hope for the best. You will never know what is in store for you, and you will probably find that they can be nice and helpful sometimes!

Wish you the best of luck!