I-130 denied 2nd time in London?

[thepettle 0]

I send out my I-130 application for my husband for the SECOND time and got the documents back about 2 weeks ago, today I received the application and credit card pdf page with "VOID" written across it and a letter attached saying I don't have proof I live here (for the second time) and cannot do it if the UK is not my principal residence or have leave to enter or something along those lines.

The first time I didn't send proof of my residency here except for my stamped visa from when I arrived in October 2008 and I made the mistake of writing the word "temporary" in a note explaining my situation. The second time I sent bank statements, pay stubs, a letter from my work, a signed note from my mother in law stating the UK is my principal residence, a copy of my national insurance card and a note explaining what I meant by temporary - as in my spousal visa is only for two years and apologizing for the miscommunication.

They are saying since I am not a permanent resident I cannot file over here - but I cannot file in the U.S. as I am not living there, I am living here.

This puts me in a 'pickle' so-to-speak because I am 18 weeks pregnant tomorrow and cannot fly past 32 weeks pregnant internationally. I don't know what to do now.

Am I allowed to file DCF in London if I am residing in Aberdeen, Scotland or do I need to do it in America? It does not make sense.. either way I am screwed for time now.

I am wondering whether or not I can take my citizenship test in the UK before my two years run out on the visa (October 2010) and try to do the visa through London then.

This brings up another situation...

Will I be able to do the visa after I have the baby over here or will I not?

I'm not sure how to make the baby a duel citizen in Britain & America.

Also, my grandfather was going to be a joint sponsor for my husband until we can get on our feet, and we were going to live with my mother free of charge while saving up money, but with a baby (dependent) I don't think they make enough to sponsor the baby too - would they need to sponsor the baby as well?

I am not sure what to do and this is very upsetting for me as I wanted my mother to be there for the birth, have a baby shower with my family etc. I cannot go without my husband, its our first child and I want him there for the birth.

What am I doing wrong? What proof do I need? It is stressing me out beyond belief.

I don't understand why the first time when we didn't have enough proof we got all the information back together but the second time we got our documents back quickly then our application and credit card form back two weeks later just for a simple "no."

If anyone can help.. please let me know... I don't know how much more stress I can take before something goes wrong with my pregnancy.. its all so worrying.

Thanks in advance...

[Anh map 2,098]

Your child (congrats!) does not need to be sponsored as he/she will have a US Passport after your husband files the CRBA (consular report of birth abroad). Your child will figure into your household calculation, upping the number by 1.

Perhaps a post in the UK forum can help you with what's needed to prove residency. Also, one of the VJ Organizers (rebeccajo) is from the UK and may have some good info.

[John & Nan 0]

I send out my I-130 application for my husband for the SECOND time and got the documents back about 2 weeks ago, today I received the application and credit card pdf page with "VOID" written across it and a letter attached saying I don't have proof I live here (for the second time) and cannot do it if the UK is not my principal residence or have leave to enter or something along those lines.

The first time I didn't send proof of my residency here except for my stamped visa from when I arrived in October 2008 and I made the mistake of writing the word "temporary" in a note explaining my situation. The second time I sent bank statements, pay stubs, a letter from my work, a signed note from my mother in law stating the UK is my principal residence, a copy of my national insurance card and a note explaining what I meant by temporary - as in my spousal visa is only for two years and apologizing for the miscommunication.

They are saying since I am not a permanent resident I cannot file over here - but I cannot file in the U.S. as I am not living there, I am living here.

This puts me in a 'pickle' so-to-speak because I am 18 weeks pregnant tomorrow and cannot fly past 32 weeks pregnant internationally. I don't know what to do now.

Am I allowed to file DCF in London if I am residing in Aberdeen, Scotland or do I need to do it in America? It does not make sense.. either way I am screwed for time now.

I am wondering whether or not I can take my citizenship test in the UK before my two years run out on the visa (October 2010) and try to do the visa through London then.

This brings up another situation...

Will I be able to do the visa after I have the baby over here or will I not?

I'm not sure how to make the baby a duel citizen in Britain & America.

Also, my grandfather was going to be a joint sponsor for my husband until we can get on our feet, and we were going to live with my mother free of charge while saving up money, but with a baby (dependent) I don't think they make enough to sponsor the baby too - would they need to sponsor the baby as well?

I am not sure what to do and this is very upsetting for me as I wanted my mother to be there for the birth, have a baby shower with my family etc. I cannot go without my husband, its our first child and I want him there for the birth.

What am I doing wrong? What proof do I need? It is stressing me out beyond belief.

I don't understand why the first time when we didn't have enough proof we got all the information back together but the second time we got our documents back quickly then our application and credit card form back two weeks later just for a simple "no."

If anyone can help.. please let me know... I don't know how much more stress I can take before something goes wrong with my pregnancy.. its all so worrying.

Thanks in advance...

So you are a 2 year conditional resident status and you don't live in the USA ??? How did you get it ? you married USC and divorced and now your married again. Talk about a red flag.

[Anh map 2,098]

I send out my I-130 application for my husband for the SECOND time and got the documents back about 2 weeks ago, today I received the application and credit card pdf page with "VOID" written across it and a letter attached saying I don't have proof I live here (for the second time) and cannot do it if the UK is not my principal residence or have leave to enter or something along those lines.

The first time I didn't send proof of my residency here except for my stamped visa from when I arrived in October 2008 and I made the mistake of writing the word "temporary" in a note explaining my situation. The second time I sent bank statements, pay stubs, a letter from my work, a signed note from my mother in law stating the UK is my principal residence, a copy of my national insurance card and a note explaining what I meant by temporary - as in my spousal visa is only for two years and apologizing for the miscommunication.

They are saying since I am not a permanent resident I cannot file over here - but I cannot file in the U.S. as I am not living there, I am living here.

This puts me in a 'pickle' so-to-speak because I am 18 weeks pregnant tomorrow and cannot fly past 32 weeks pregnant internationally. I don't know what to do now.

Am I allowed to file DCF in London if I am residing in Aberdeen, Scotland or do I need to do it in America? It does not make sense.. either way I am screwed for time now.

I am wondering whether or not I can take my citizenship test in the UK before my two years run out on the visa (October 2010) and try to do the visa through London then.

This brings up another situation...

Will I be able to do the visa after I have the baby over here or will I not?

I'm not sure how to make the baby a duel citizen in Britain & America.

Also, my grandfather was going to be a joint sponsor for my husband until we can get on our feet, and we were going to live with my mother free of charge while saving up money, but with a baby (dependent) I don't think they make enough to sponsor the baby too - would they need to sponsor the baby as well?

I am not sure what to do and this is very upsetting for me as I wanted my mother to be there for the birth, have a baby shower with my family etc. I cannot go without my husband, its our first child and I want him there for the birth.

What am I doing wrong? What proof do I need? It is stressing me out beyond belief.

I don't understand why the first time when we didn't have enough proof we got all the information back together but the second time we got our documents back quickly then our application and credit card form back two weeks later just for a simple "no."

If anyone can help.. please let me know... I don't know how much more stress I can take before something goes wrong with my pregnancy.. its all so worrying.

Thanks in advance...

So you are a 2 year conditional resident status and you don't live in the USA ??? How did you get it ? you married USC and divorced and now your married again. Talk about a red flag.

OP is a USC residing in UK and wants to go DCF route. DCF requires residency in the country where you file.

[payxibka 10,044]

They are saying since I am not a permanent resident I cannot file over here - but I cannot file in the U.S. as I am not living there, I am living here.

You certainly CAN file stateside... it may not be your preferred route but you CAN do it.....

Your petition goes to the USCIS service center based on your last residential address before you moved

Edited July 13, 2009 by payxibka

[mcfeely 0]

So you are a 2 year conditional resident status and you don't live in the USA ??? How did you get it ? you married USC and divorced and now your married again. Talk about a red flag.

I'm not sure how you got all of that out of their post.

This is what I got out of it:

- They are the USC.

- They live in the UK with their husband, who is not a USC.

- Nothing in there says anything about being married more than once.

Now, to the OP, I'm far from an expert in these things, but from what I can tell, you don't qualify for DCF procedure because you do not meet the UK residency requirements based on the information that you gave to them.

You have a couple options:

- Become a UK citizen (you'll then be a dual citizen), thereby removing the residency issue, then attempt the DCF again.

- Move back to the US (husband remains in UK), and file through the NVC to have your husband come to the US to be with you.

If I'm missing something, hopefully somebody else will be able to fill in the gaps.

[Minya's wife 24]

I send out my I-130 application for my husband for the SECOND time and got the documents back about 2 weeks ago, today I received the application and credit card pdf page with "VOID" written across it and a letter attached saying I don't have proof I live here (for the second time) and cannot do it if the UK is not my principal residence or have leave to enter or something along those lines.

Wait, are you the US citizen, your husband is the UK citizen? Where are you living, here in the US? What about your husband, is he in the UK. Then you file the I-130 here in the US, it will get adjudicated and then sent to the consulate in London where your husband will then apply for the visa.

The first time I didn't send proof of my residency here except for my stamped visa from when I arrived in October 2008 and I made the mistake of writing the word "temporary" in a note explaining my situation. The second time I sent bank statements, pay stubs, a letter from my work, a signed note from my mother in law stating the UK is my principal residence, a copy of my national insurance card and a note explaining what I meant by temporary - as in my spousal visa is only for two years and apologizing for the miscommunication.

Oh wait, you're in the UK yourself? You may not be able to use the DCF process to file, unless you have official residency there. I'm not sure what a UK spousal visa is...if it does not equal residency, then DCF may not be an option. You would have to file your petition in the US.

They are saying since I am not a permanent resident I cannot file over here - but I cannot file in the U.S. as I am not living there, I am living here. Have you contacted the US Consulate in London with your questions?

This puts me in a 'pickle' so-to-speak because I am 18 weeks pregnant tomorrow and cannot fly past 32 weeks pregnant internationally. I don't know what to do now.

Am I allowed to file DCF in London if I am residing in Aberdeen, Scotland or do I need to do it in America? It does not make sense.. either way I am screwed for time now. I think you would be filing in London even if you're living in Scotland....definitely worth checking with the US Consulate in London.

I am wondering whether or not I can take my citizenship test in the UK before my two years run out on the visa (October 2010) and try to do the visa through London then. Huh, what citizenship test? What country are you trying to become a citizen of?

This brings up another situation...

Will I be able to do the visa after I have the baby over here or will I not? I don't see why not? YOu would hav to register the birth of your child as a US Citizen (done through the US embassy, again ask these questions at the consulate).

I'm not sure how to make the baby a duel citizen in Britain & America. I'm not sure how the citizenship laws are in the UK, but once you register the birth of your child w/ the us authorities, he will be a US citizen.

Also, my grandfather was going to be a joint sponsor for my husband until we can get on our feet, and we were going to live with my mother free of charge while saving up money, but with a baby (dependent) I don't think they make enough to sponsor the baby too - would they need to sponsor the baby as well? The child is a US citizen, will not need to be sponsored.

I am not sure what to do and this is very upsetting for me as I wanted my mother to be there for the birth, have a baby shower with my family etc. I cannot go without my husband, its our first child and I want him there for the birth. Tough situation...I think you will have to make some choices. Your mother can always come visit you for when you give birth...and once you arrive in the US, you can have a 'post-baby-shower' with your family/friends here to help get you set up.

What am I doing wrong? What proof do I need? It is stressing me out beyond belief.

I don't understand why the first time when we didn't have enough proof we got all the information back together but the second time we got our documents back quickly then our application and credit card form back two weeks later just for a simple "no." Have you been in contact w/ the US Consulate and asked them all your questions? You are a US citizen, you can contact the consulate for questions what procedures are needed for your spouse to be able to emigrate to the US.

If anyone can help.. please let me know... I don't know how much more stress I can take before something goes wrong with my pregnancy.. its all so worrying.

Thanks in advance...

[John & Nan 0]

"I am wondering whether or not I can take my citizenship test in the UK before my two years run out on the visa (October 2010) and try to do the visa through London then." If she is a citizen why would she need to take a test to be one ? and is she talking about a 2 year US visa or one for UK ?

Edited July 13, 2009 by John & Nan

[kaffy 2]

She is a US citizen living in the UK on a 2 year conditional residency status

I can't understand how that doesn't fulfill the residency requirements. My (US citizen) husband was living in Australia on a 2 year conditional PR status visa at the time we filed and the Consulate there accepted it as proof without any issues whatsoever. London seems like a PITA to deal with.. I wish I had some advice to offer you other than good luck

Edited July 13, 2009 by kaffy

[morretti 0]

She is a US citizen living in the UK on a 2 year conditional residency status

I can't understand how that doesn't fulfill the residency requirements. My (US citizen) husband was living in Australia on a 2 year conditional PR status visa at the time we filed and the Consulate there accepted it as proof without any issues whatsoever. London seems like a PITA to deal with.. I wish I had some advice to offer you other than good luck

Makes no sense whatsoever, my husband was here on the 2 year conditional visa and has filed DCF for me. There must be someone you can contact to find out what they actually want from you cos it sounds to me like you've done more than was originally necessary. Wish I could help.. I can''t think what they could be finding wrong with your application.

[krystiandjon 0]

"I am wondering whether or not I can take my citizenship test in the UK before my two years run out on the visa (October 2010) and try to do the visa through London then." If she is a citizen why would she need to take a test to be one ? and is she talking about a 2 year US visa or one for UK ?

The US is not the only country that has a citizenship test. She's talking about becoming a UK citizen because the London embassy has given her the impression that her 2 year conditional residency card to stay in the UK does not give her residency status. That sounds strange to me, but I do recall that you have to have "indefinite leave to remain" in order to apply DCF in London and from the OP's experience, it sounds like the embassy may not accept conditional residency. While it does take longer, applying CR1 or IR1 through USCIS is still an option, like payxibka said.

[TayRivers 4]

I think your problem is that you keep refering to your "Tempory stay in the UK" anyone reading that at the US Embassy is going to think you are not a resident. They will not go on to read the rest of your explanation they will just deny the application.

I would ccontact a US immigration lawyer in the UK and seek advice from them as to how you can now re-apply without the mention of temporary stay in the UK.

Your other option is to file the I-130 in the US using the address you plan living at when you come back and then make sure you fly home before you are too far gone to be able to fly.. your husband can then join you here in the US once he has his visa.

[wowswift 3]

She can file from the UK and do the entire process there. She will just have to prove domicile. I did the entire process in Canada with my husband since I was had no status there.

[Yvie_and_Brett 0]

She's talking about becoming a UK citizen because the London embassy has given her the impression that her 2 year conditional residency card to stay in the UK does not give her residency status. That sounds strange to me, but I do recall that you have to have "indefinite leave to remain" in order to apply DCF in London and from the OP's experience, it sounds like the embassy may not accept conditional residency.

This is where I get confused. After possibly one of the fastest London DCFs this year, I have my interview next week and it was all kicked off with an I-130 accompanied by a temporary visa in my USC husbands passport.

Brett is a civilian contractor working for the US Gov on a temporary visa that runs out in Oct 2009 (started March 2006) and his stamp says nothing about "indefinite leave to remain." It actually has an end date on it (which you may note from my signature is actually a week before we intend to move to the US, oops!) and we were approved without so much as an RFE.

I really don't understand why the OP is being denied. It must be because she's used the word "temporary" in her cover letter.

[LondonLad 0]

first of all you have not been denied. Just not been accepted for DCF in London. Your problem is you yourself mentioned temporary in your application due to which u did not qualify for DCF.

My recommendation is to wait for few weeks and re apply with a new set of application forms and refrain from the word temporary.