I-130 Returned!!!

[Jmaster911 0]

We have just had our I-130 returned today with the following letter

This office only accepts petitions from US citizens who reside in our district. US citizens whose principal residence is not in our jurisdiction, and/or who have entered the UK as a temporary visitor/student/or with limited leave to enter and remain in the UK must file the petition with the appropriate USCIS office in the US.

The UK Entry clearance stamp indicates that you have only been residing in the UK since November 2006, however, your biographic information (G-325A) suggests that you have been working and residing in the UK since August 2005.

If the latter is the case, please provide any other UK Entry Clearance stamps reflecting your status from August 2005

The 2nd and 3rd paragraph we are OK with and have supplied the appropriate student visa, however, the 1st paragraph worries us. I assumed you could DCF with an LLR, can somebody confirm this please.

Thanks

[MargotDarko 0]

We have just had our I-130 returned today with the following letter

This office only accepts petitions from US citizens who reside in our district. US citizens whose principal residence is not in our jurisdiction, and/or who have entered the UK as a temporary visitor/student/or with limited leave to enter and remain in the UK must file the petition with the appropriate USCIS office in the US.

The UK Entry clearance stamp indicates that you have only been residing in the UK since November 2006, however, your biographic information (G-325A) suggests that you have been working and residing in the UK since August 2005.

If the latter is the case, please provide any other UK Entry Clearance stamps reflecting your status from August 2005

The 2nd and 3rd paragraph we are OK with and have supplied the appropriate student visa, however, the 1st paragraph worries us. I assumed you could DCF with an LLR, can somebody confirm this please.

Thanks

What the heck? You've had LLR and lived in the UK since at least November 2006 and they were saying that wasn't good enough? That's not right. The new rule is six months on a resident visa (which definitely includes LLR).

What address did you use on the I-130? Your UK address? Did you include anything that proves you live in the UK such a council tax bill or copy of a lease/mortgage in the UK?

[MargotDarko 0]

I was thinking you were the USC, but now I've read some of your previous posts. It's too late to reword my post, so just switch around some of the pronouns!

Straight from the horse's mouth -

http://london.usembassy.gov/dhs/uscis/i130filing.html

"The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom."

And in the checklist with details, it says you need to provide proof you have the right to live and work in the UK, and the LLR spousal visa certainly proves that. There's not even anything about a certain time frame - the six months is just the general new rule world wide.

[Jmaster911 0]

I was thinking you were the USC, but now I've read some of your previous posts. It's too late to reword my post, so just switch around some of the pronouns!

Straight from the horse's mouth -

http://london.usembassy.gov/dhs/uscis/i130filing.html

"The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom."

And in the checklist with details, it says you need to provide proof you have the right to live and work in the UK, and the LLR spousal visa certainly proves that. There's not even anything about a certain time frame - the six months is just the general new rule world wide.

Thats what we thought - I'm hoping its just a standard letter with the third para just attached on the bottom. I can appreciate them questioning the living in the UK before the LLR (although what this has to do with US immigration I have no idea !!!) but Andrea did have a student visa anyway!!

I'm hoping its a mix up, I have re-posted it all 1st class recorded delivery with a copy of the student visa AND a copy of our council tax bill. If it gets returned again I have no idea what to do.

We are just really upset we have lost a week over this mix up

Edited August 25, 2007 by Jmaster911

[MargotDarko 0]

I was thinking you were the USC, but now I've read some of your previous posts. It's too late to reword my post, so just switch around some of the pronouns!

Straight from the horse's mouth -

http://london.usembassy.gov/dhs/uscis/i130filing.html

"The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom."

And in the checklist with details, it says you need to provide proof you have the right to live and work in the UK, and the LLR spousal visa certainly proves that. There's not even anything about a certain time frame - the six months is just the general new rule world wide.

Thats what we thought - I'm hoping its just a standard letter with the third para just attached on the bottom. I can appreciate them questioning the living in the UK before the LLR (although what this has to do with US immigration I have no idea !!!) but Andrea did have a student visa anyway!!

I'm hoping its a mix up, I have re-posted it all 1st class recorded delivery with a copy of the student visa AND a copy of our council tax bill. If it gets returned again I have no idea what to do.

We are just really upset we have lost a week over this mix up

The copy of the student visa and the copy of the council tax bill (as long as her name is on it) should go a long way. And also, the UK address was listed for her as well right?

The reason it's a big deal is because if she doesn't show that she's principally residing in the UK and has the right to live and work in the UK, they won't process the petition in London. It would then have to go through a US service center.

[Jmaster911 0]

Yes, the address on both the I-130 and the G-325a both show that we boht reside in the UK and both live at the same address. Counsil tax bill also have Andreas name on it

Fingers Crossed for another week - lol

[essjay 0]

Have you also sent something showing that you have actually been living in the UK for more than six months??

[Jmaster911 0]

Have you also sent something showing that you have actually been living in the UK for more than six months??

Apart from the counsil tax bill and the entry stamp in Andrea's visa - no, Andrea's stamp is November 06. Its worth noting also that the six months is not mentioned on the current embassy website (not that I can see anyway) it just says you have to be reside in the UK which the LLR and the counsil tax bill hopefully show we do

[essjay 0]

Have you also sent something showing that you have actually been living in the UK for more than six months??

Apart from the counsil tax bill and the entry stamp in Andrea's visa - no, Andrea's stamp is November 06. Its worth noting also that the six months is not mentioned on the current embassy website (not that I can see anyway) it just says you have to be reside in the UK which the LLR and the counsil tax bill hopefully show we do

Yup, I looked at the London Embassy website as well. All I could helpfully find elsewhere was something saying that being resident means different things to different people (or something like that).

I can't remember where the six months comes from. How old is the council tax bill?

[Jmaster911 0]

Have you also sent something showing that you have actually been living in the UK for more than six months??

Apart from the counsil tax bill and the entry stamp in Andrea's visa - no, Andrea's stamp is November 06. Its worth noting also that the six months is not mentioned on the current embassy website (not that I can see anyway) it just says you have to be reside in the UK which the LLR and the counsil tax bill hopefully show we do

Yup, I looked at the London Embassy website as well. All I could helpfully find elsewhere was something saying that being resident means different things to different people (or something like that).

I can't remember where the six months comes from. How old is the council tax bill?

Its this years bill but it is dated 13/8/07 cause they have re-issued it due to a mistake they made. To be honest we only moved into our new house in Feb of this year. Before that we lived in a flat I already rented so everything was in my name. It also doesn't help that the mortgage is only in my name cause the mortgage company wouldn't accept Andrea because she only had an LLR !!!

Anyway hopefully they have everything they need and the person that checks it this time will have something called Common Sense !! - lol

[essjay 0]

Good Luck, I hope so. Otherwise it's back to scrabbling for every last scrap of paper

[Oban 1]

Sorry for kidnapping this thread, but I have a question regarding the 6 months rule:

Is that valid for all countries? For DCF in general?

Because my wife is in Germany since end of May 07 and just got her stay permit. Before, she stayed as a visitor. Is that a problem? Or is that a non-issue to Frankfurt? Because I read a lot of time lines which said that a lot of couples got married and filed just 1-2 weeks later.

Please advice!

Thank you,

Oban

[Oban 1]

Sorry for kidnapping this thread, but I have a question regarding the 6 months rule:

Is that valid for all countries? For DCF in general?

Because my wife is in Germany since end of May 07 and just got her stay permit. Before, she stayed as a visitor. Is that a problem? Or is that a non-issue to Frankfurt? Because I read a lot of time lines which said that a lot of couples got married and filed just 1-2 weeks later.

Please advice!

Thank you,

Oban

Sorry again for kidnapping. I tried to get some information via uscis.gov (for the Frankfurt office). I've found the following:

Immediate Relative Immigrant Petitions (Form I-130):

Locally resident U.S citizens or lawful permanent residents may file Form I-130 by coming to the office on a walk-in basis or by mail. Normal processing time is six weeks. Petitions are commonly filed with the Frankfurt office for: 1) spouses or children of U.S. citizens, 2) spouses or children of lawful permanent residents in the U.S. military; and 3) parents of U.S. citizens. This information will focus on filing petitions for spouses.

Who May File in Frankfurt

* military and civilian members or the U.S. Armed Forces with orders to Germany

* U.S. citizens residing in Germany. You must be able to produce a residency permit for Germany.

The filing fee can be paid in U.S. or German currency (see acceptable forms of payment above).

For inquiries on this or any other information, please contact the Frankfurt office at 49 69-7535-0.

For inquiries on the Immigrant Visa process, please contact the Department of State's Visa Information Service on 069 7535 8200.

I understand that they only need a residency permit. A "6 months rule" doesn't exist?!

Am I wrong? Should I panic? 6 more months in addition would kill us... darn!

Cheers,

Oban

[Oban 1]

HEY!! Good news for the Frankfurt applicants

Via E-Mail:

FROM: "Frankfurt, USCIS" <uscis.frankfurt@dhs.gov> 10:02 am (10 minutes ago)

TO: ..................

DATE: Aug 29, 2007 10:02 AM

SUBJECT: RE: filing I-130 / Question regarding requirement

As long as you have a residence permit that is not expired, you can file with us. There is no 6 month rule.

USCIS FRANKFURT

I would say: sounds good!

a happy,

Oban

[MargotDarko 0]

HEY!! Good news for the Frankfurt applicants

Via E-Mail:

FROM: "Frankfurt, USCIS" <uscis.frankfurt@dhs.gov> 10:02 am (10 minutes ago)

TO: ..................

DATE: Aug 29, 2007 10:02 AM

SUBJECT: RE: filing I-130 / Question regarding requirement

As long as you have a residence permit that is not expired, you can file with us. There is no 6 month rule.

USCIS FRANKFURT

I would say: sounds good!

a happy,

Oban

Yep, sounds fine. The six month rule is a general worldwide guideline, but the embassy can still make individual decision as long as the USC is resident in the foreign country.