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MacVicar

Filing a i-130 Petition while in UK on Fiance Visa

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Hello Everyone, 

I have just signed up with Visa Journey and am hoping some of you could help answer a few questions I have regarding my current situation. 

My name is Chelsea, Im currently living in Scotland on a UK Fiance visa which is due to expire in late Feb. My husband, UKC and I have decided to return to the US (Chicago) and start our CR1 process. (We have been married less than 2 years so I imagine the CR1 is the correct visa we seek)

First things first. We would like to go ahead and file our I-130 petition ASAP. I understand that we would not be able to use the London office because I do not hold a permanent resident card here? With that said, I have figured we would need to send our petition to the Chicago Lockbox location. I would like to send away our petition from here in the UK so that my spouse and I can reduce the amount of time we are apart. However, I do not have an address in Chicago but my parents do. On the petition form, would I be able to use my parents address as my own despite me currently living in the UK? I plan to live at my parents when I arrive to start the apartment search. But this would be roughly 1.5 months after the petition would be filed... 

Second. When I arrive in the US. If i am lucky enough to have scored my own apartment, would I need to officially change my address anywhere or alert the USCIS? 

Thirdly, I am under the impression the supporting documents with the petition do NOT need to be originals and it doesn't appear they need to be certified? Is this correct?

Lastly, We do not have a whole lot of evidence supporting a bonifide marriage apart from one shared bank account. We have been living rent free here in the uk through family while we save and because I am legally not allowed to work, there are not many means for us to share any sort of financial responsibility apart from our dog. Is this a potential problem? Since I am not working in the US to financially sponsor my spouse, I would be asking my parents which is honestly no issue at all. Would they need to provide any information on the I130 form or do I save all that information for the NOA? 

We have been through hell and back with the UK visa process which is honestly, Horrendous....We are sort of forced to return to the US because of unforeseeable issues in my spouses employment here. We have been refused for a UK visa about a year ago due to ONE document that was one week out of date and a discrepancy in my husbands first pay-slip that was explained, in depth, by three different individuals including his accountant who admitted it was her fault.. I don't know if this would have an impact on our situation? We were then approved 3 months later after applying with a fresh set of financial documents. I think we are extremely paranoid that things could go sour for us. So I wondered what would potentially make your application unsuccessful? 

 

Sorry for so many questions! Just want to be absolutely sure that we leave no stone unturned before we begin. Thank you!

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The guides are pretty informative about the details, DCF would seem your best bet.

US route is considered more of a pain than the UK route.

 

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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It could be that she is heading back soon, I assume not. She is not visiting and i assume is waiting out the process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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To reiterate my situation. 

I am the USC living in Scotland since August 29th 2016.(Married the 5th of September) Im currently here on a Fiance visa which is good for 6 months. Mine expires on Feb. 23rd  2017. Could I qualify or DCF? How do I find out for sure? It's not technically a tourist visa and I do have a joint bank account with my spouse if that matters any. 

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Contact the Consulate for sure, DCF is MUCH quicker.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Definitely contact London and find out if DCF is available to you. If it is, definitely use that. I would have loved to have been able to go that route. 

 

Regarding the evidence of a bona fide relationship, I would focus on your passport stamp for the UK visa you hold. Living together for the best part of 6 months is very good evidence. My husband and I had never spent more than 3 weeks together at a time (in fact we still haven't spent more than 3 weeks together as we've only been living together for 11 days now!). If you have any paperwork about the previous denial I would send that too - it shows you are determined to be together. I feel your pain of the UK visa process. My husband was also denied. It definitely needs an overhaul. 


 

 

 

 

 

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