Filing I-130 in the UK -- what's the criteria?

My (US) husband came to the UK 2 years ago on a working visa.  We were married in June, and as I am a Brit, we applied for his FLR(M) successfully.

We have since decided to go back to the US, and we thought the first step would be to file the I-130 for me here in London.  However, the US Embassy says that there is a chance that he may have to file this in the US-- but that we won't know for sure until they receive our paperwork!!! This will be two months' down the line, and we want to move back in January. 

How can the US Embassy not be able to tell us where we should file the I-130, or are we just panicking over nothing? 

Does anyone have any info on this? We just need a straight answer!!

THANKS!

Flaurena

i believe he has to get ILR first to be able to file through london. 

if not it has to be sent to the states, filed there...and then you have to wait until the paperwork gets sent back over to london.

(i need someone more knowledgable here to pipe in)

i know that i'm here with my FLR.  If i was to apply now, on FLR it would have to go through the US and could take about 8 months for it all to be done....

I am staying here through my FLR (2 years), applying for my ILR (£350 via the mail) in September of next year THEN beginning the 1-130 process a few months after.  (That was i can file through London, not the US)

(and i could be wrong here, but 3 months, even if going through london is agressive, i think?  i feel it takes a bit more than that.....)

Hi...I am the USC living in the UK with my spouse. We filed our I-130 in June. Because I don't have ILR it was sent on to the VT service center (since my last address in the US, which they consider my permanent address still, is in Maine)...I just got approved the beginning of Sept. Now we are waiting for the petition to go to the National Visa Center in NH. THEN...after several months, it will be sent to London. THEN my husband will be issued an interview...which is currently taking about 2 months after the embassy receives the paperwork. I hate to be the bearer of doom and gloom, but I don't think you'll make your January move date...sorry. We are shooting to move in June 2006.

Good luck with the process!

Just thought I'd give anyone reading this an update.

I'm not an expert, and of course every case is different, but here's our experience:

It seems that the criteria for DCF (Direct Consular Filing) in London is usually only if you have Indefinite Leave to Remain.  My US husband only has Further Leave to Remain, but we have received confirmation from the US Embassy in London that our I-130 and Biographic data forms have been received.  I guess the fact that he was already in the country for 2 years on a work visa made him eligible.  They've given us an ETA of Dec 15th, 3-4 months after we first filed.

My advice to anyone in a similar situation would be to try doing DCF in London first.  If you are accepted, then it's a lot faster than filing from the US.  If you are not accepted, then it seems that this will delay your case only by a matter of weeks.

Fingers crossed this all goes to plan!!

Excellent news that you can go through London! Looks like you will hit your date of January!

Best of luck.

http://www.usembassy.org.uk/cons_new/visa/iv/immrel.html
Immediate Relative Category

Who is eligible?
Spouse of a U.S. citizen; parent or step-parent of a U.S citizen; child or stepchild under the age of 21 of a U.S. citizen and spouse of a deceased U.S. citizen. Note: A step-parent or child will qualify for immigration only if the marriage creating the step parent/child relationship occurs before the child's eighteenth birthday.



How do I apply?
The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS). A separate petition must be filed for each person immigrating. U.S. citizens resident in the United Kingdom may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; U.S. citizens residents in the United States should contact their their local USCIS office for further information. Note: A petition cannot be filed for a spouse until the marriage ceremony has taken place. The natural child of a U.S. citizen may have claim to U.S. citizenship. A petition cannot be filed until it has been established that the child is not a U.S. citizen.



Note: If the U.S. citizen and immigrant visa applicant reside in the United Kingdom and the U.S. citizen is filing the I-130 with the Department of Homeland Security (Immigration) in London, it will be possible to begin the administrative processing of the immigrant visa application before the petition is approved and received by the Immigrant Visa Unit.
 

The above link and text is from the US Embassy in London page.  According to it, as long as the American and UK citizen are married and residing in the UK then you can apply through the Embassy in London.  It doesn't say anything about having to have ILR or anything like that.  Surely, it's a bit daft to send it through one of the Service Centers in the US if residency is in London, I would have thought that would be much faster and efficient.  Then again, this is the US gov't!

If DW and I move back to the States again, at least she could get unconditional permanent residency before stepping foot on US soil which would be a big plus for her after we've had to spend hours in queues outside Arlington service center back in the old days!

Matt

According to it, as long as the American and UK citizen are married and residing in the UK then you can apply through the Embassy in London. It doesn't say anything about having to have ILR or anything like that. Surely, it's a bit daft to send it through one of the Service Centers in the US if residency is in London, I would have thought that would be much faster and efficient. Then again, this is the US gov't!

Actually, the law has changed. People are often getting refused the ability to file with DCF in London unless the US citizen has indefinite leave. Check out this thread for a bit of discussion about it: http://talk.uk-yankee.com/index.php?topic=9852.0 Also, you'll find several people on this board who have been refused DCF and had to do it through the states. This has all happened in the last year or so, and unfortunately the embassy's website could NOT be more confusing and less organized. :/

We are filing I-130 as well..ours has been approved just waiting on the next lot of paper work..we are not in any hurry.

Check out Dive into America..it is a similiar forum to this and has LOADS and LOADS of info on going back to the USA with foreign spouses..and they are very helpful and friendly...they really do have alot of the answers....

hope this helps

They even have a timeline that someone has taken the time and care to fill out..........

That is a very good forum. You can find the DCF timeline on this page, but that is the only one we have up at the moment.

I am shocked with the time it takes to make a move back home once paperwork gets processed!!!  Can any of you pros advise roughly when my husband and I should start our paperwork to move back to the US?  Rewinding a bit, I have my ILR.  British Hubby and I are planning on moving back to the States towards the end of 2007 or very beginning of 2008.  I was thinking I was being a little overly excited and premature with my quest for information regarding relocating back to The States......looks like it's never to early to be prepared. 

Thanks!

Lisa

Word of warning about the sponsorship part of the I-130 paperwork.  This is the section that deals with $$.  If you are both moving back to the states and don't have substantial assets (the limit is listed on the paperwork) - the USA spouse cannot act as sponsor to the Brit spouse. 

We were refused the I-130 on the first attempt as the paperwork indicated I would be moving with him.  We don't have proceeds of a house move, etc - so we had to ask my brother to sponsor my husband.

The only other option they gave was for me to move to the USA first and get a job making...get this....*at least $16,000 a year* and then I could sponsor him to come over.

This they informed us after we jumped through all the hoops and spent 8 hours at the embassy!

Best advice is to apply WAY before you start planning a move....you never know what they will throw at you.

Icicle - we got a joint sponsor too. We consulted a lawyer before moving over and he basically said that if I had someone in the US willing to do it, then DO IT. Just as a back up even. We didn't have a house sale or anything like that either, so we needed the US sponsor.

The USC always had to file as a sponsor.... it is just a matter of needing a joint sponsor or not.

Out of curiosity, if you own a home but don't sell it before the paperwork process is complete, will they take into consideration the equity from an anticipated house sale? 

Out of curiosity, if you own a home but don't sell it before the paperwork process is complete, will they take into consideration the equity from an anticipated house sale? 

More than likely - no, best to check with them.  If I remember correctly - the paperwork for a house sale are in the pack.