US student living in the UK married to an Irish man

[podge_celt 0]

My wife is from Puerto Rico and has an American passport but has been studying in the UK for 5 years now I am from Ireland, we have been married for 6 months now and have lived in the UK together for 3 years. Her study visa expires in August and we would like to move to Florida.

We have absolutely no idea how to go about this process.

I know the first process is to file an I-130 form but even this seems complicated as we can't do it in the uk embassy as they don't process applications from persons on a student visa. can we post the form to the US from the UK or will she have to go home to get the process started. I am completly new to this and would greatly appreciate any help that anyone could give.

Edited March 1, 2011 by podge_celt

[YuAndDan 153]

Moving to DCF forum.

You both reside in UK so should be able to file the I-130 petition at the USCIS office licated in the US Embassy in London.

http://london.usemba...i130filing.html

One issue that may need to be addressed prior to visa interview is US Domicile. US Citizen needs to have domicile or be in process of re-establishing it.

Edited March 1, 2011 by YuAndDan

[podge_celt 0]

but since my wife is residing in the UK on a Student visa they say on that website that we cannot apply through the uk embassy

[YuAndDan 153]

but since my wife is residing in the UK on a Student visa they say on that website that we cannot apply through the uk embassy

Then will be filing the I-130 to the PO Box in Chicago USA. This will take upward to 9-10 months to process through to a visa.

[podge_celt 0]

do we have to stay in the uk until the visa is granted or could we go to the us and continue the process from there? its just that leaves the complication that my wife can't stay in the UK past August

[YuAndDan 153]

do we have to stay in the uk until the visa is granted or could we go to the us and continue the process from there? its just that leaves the complication that my wife can't stay in the UK past August

You can visit the USA if the POE will allow it, may need to show ties to UK or Ireland, just do not overstay the allowed stay of the Visa Waiver Porgram.

You cannot file petition and continue in the states, you will need to interview for visa either in UK or Ireland depending on your residency status in the UK.