I-130 Submission in the U.K.

[ArtUK 0]

Hi all, 

 

Apologies if this topic has been done to death but I was feeling very OK about submitting our petition to all of a sudden feeling overwhelmed and confused! I am a UK citizen and my wife is a U.S. Citizen. We've been in the U.K. a few years and long story short her dream is to move home but she came to the UK during COVID as it was quicker and easier for us to be together but now she is really feeling the itch to move - which I am super on board with! So we're about to submit the docs and have all our evidence for the I-130 and completed the supplementary I-130A but I keep seeing things about DCF and exceptional circumstance required to file at the London Embassy? 

 

I was just planning on submitting the I-130 online and paying via the USCIS and where it gets to the question regarding processing outside of the states (part 4 on the paper I-130 form) 

 

"The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate In:" 

 

I have just entered the following: 

 

City or Town - "London"

Province - "_"

Country - "UK"

 

Is that correct? Should I be doing having to reach out to the embassy first? I am having doubts now that I am misunderstanding how to file this form. 

 

All help is appreciated! 

[Crazy Cat 41,804]

If you are thinking about DCF, do NOT submit an I-130 online.  Consulates are not authorized to process I-130s if one has been submitted to USCIS. 

 

Note:  Consulates are authorized, at their discretion, to process I-130s locally if there are exceptional circumstances.  However, they do not have that discretion if an I-130 has been submitted to USCIS.

Edited November 11 by Crazy Cat

[ArtUK 0]

2 hours ago, Crazy Cat said:

If you are thinking about DCF, do NOT submit an I-130 online.  Consulates are not authorized to process I-130s if one has been submitted to USCIS. 

 

Note:  Consulates are authorized, at their discretion, to process I-130s locally if there are exceptional circumstances.  However, they do not have that discretion if an I-130 has been submitted to USCIS.

 

Hi, @Crazy Cat appreciate your response. So I believe DCF is unavailable to us as we do not meet the pre-requisites to expedite via the DCF process. 

 

So I was just going to submit an application via the USCIS website. My wife (US Citizen) and I (UK Citizen) live in the north of England and have done for the past 3-4 years. For this question "at which embassy or consulate will you apply?" Do I input my city that I reside in or the closest embassy - that being London? 

[pushbrk 12,868]

Since you don't have applicable special circumstances, London is the answer.  It's important to understand that the I-130 is not a visa application.  It's just a petition filed by the US Citizen in behalf of the foreigner.  The visa application comes after that petition is approved, and concludes in London with a visa interview.  I think some of your confusion stems from thinking the I-130 is a visa application. It's not.