DCF was an option - did I screw up ?

[geowrian 22,336]

The reason you're getting the run around is because you are contacting the wrong people.

 

The I-130 is handled by USCIS. So contacting the embassy is not going to do anything...they won't accept the I-130 as they don't adjudicate it. So they were correct about telling you to contact USCIS.

 

However, their response was incomplete. They should have directed you to the USCIS field office in the UK. The stateside USCIS customer service/(mis)information line likely almost never sees a DCF case. They overwhelmingly deal with stateside petitions, not DCF. They are also basic entry level customer service workers reading off screens. They were also incorrect to direct you back to the embassy. They should have directed you to the London field office.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office

Edited July 19, 2019 by geowrian

[pushbrk 12,154]

Reasonably demonstrate residency?  Do you reside there or not?  Never lie on an immigration form or to an immigration official.  The I-130 asks for your physical address, where you "reside".  If you lived in the UK at the time you were ready to file, you could have filed DCF.  If you didn't live there you couldn't.  Now, you would probably think it silly to withdraw three petitions and file them again in London.

[MikeMinusWife 42]

So the US Embassy has replied that they are willing to “consider the transfer” if I can reasonably demonstrate UK citizenship (or lawful residency) with either a visa or a UK passport, and also provide the case numbers for review.  I just scanned all the documents and submitted them.

 

So the transfer is still not definite, but it’s at least promising.  I must admit I’m impressed with how quickly the visa team responds, I have been getting near-immediate replies.

[pushbrk 12,154]

4 hours ago, MikeMinusWife said:

So the US Embassy has replied that they are willing to “consider the transfer” if I can reasonably demonstrate UK citizenship (or lawful residency) with either a visa or a UK passport, and also provide the case numbers for review.  I just scanned all the documents and submitted them.

 

So the transfer is still not definite, but it’s at least promising.  I must admit I’m impressed with how quickly the visa team responds, I have been getting near-immediate replies.

Terrific!  Please keep us posted.  But, a "visa team" is not what you need.  USCIS does not issue visas.  The USCIS Field Office in London would approve your petition and send it to the Immigrant Visa Unit in the Consular Section.  It's two separate agencies of the Government.  I can't imagine the Immigrant Visa Unit (Dept. of State) having any influence on a case with a USCIS Office in the USA.

 

Please clarify just who you are communicating with in London.

 

If you ask the wrong people the wrong question, you'll be misled by their answers.

Edited July 18, 2019 by pushbrk

[MikeMinusWife 42]

53 minutes ago, pushbrk said:

Terrific!  Please keep us posted.  But, a "visa team" is not what you need.  USCIS does not issue visas.  The USCIS Field Office in London would approve your petition and send it to the Immigrant Visa Unit in the Consular Section.  It's two separate agencies of the Government.  I can't imagine the Immigrant Visa Unit (Dept. of State) having any influence on a case with a USCIS Office in the USA.

 

Please clarify just who you are communicating with in London.

 

If you ask the wrong people the wrong question, you'll be misled by their answers.

 

I just checked the email and it was sent by the “Consular Information Unit” at the Embassy.  I’ll post any updates.

 

Thanks

[pushbrk 12,154]

4 minutes ago, MikeMinusWife said:

 

I just checked the email and it was sent by the “Consular Information Unit” at the Embassy.  I’ll post any updates.

 

Thanks

Your petition is in the USA, in a USCIS service center, part of Homeland Security, not State.  What is the question you asked the Consular Information Unit?

[arken 4,197]

They asked for the case number!! Just make sure you aren’t communicating with the consular processing team from the embassy who could be thinking of the case transfer (post NVC) from another embassy to them based on your UK residency.  

 

You don’t have a case number yet, just the receipt number.

[MikeMinusWife 42]

33 minutes ago, arken said:

They asked for the case number!! Just make sure you aren’t communicating with the consular processing team from the embassy who could be thinking of the case transfer (post NVC) from another embassy to them based on your UK residency.  

 

You don’t have a case number yet, just the receipt number.

I could certainly see that happening, I just want to play out this option before pulling the applications and re-filing via DCF.

[pushbrk 12,154]

14 minutes ago, MikeMinusWife said:

I could certainly see that happening, I just want to play out this option before pulling the applications and re-filing via DCF.

Of course, but you must be on the correct playing field in order to make any progress.

 

What is the question you asked?  What was the actual answer, not just your interpretation of it.  I suspect you asked the wrong question to the wrong people and are going down a path leading nowhere.  This is what happens when you don't do your homework first.

 

You do not have a "visa case" YET.  You just have petition for alien relative.  The Consular Immigrant Visa Unit CAN transfer your case from another Consulate but you don't HAVE a case at another Consulate.

[MikeMinusWife 42]

So I also contacted the USCIS office in London and they played it with a straight bat “if you are currently the US - file in the US”.  End of.

 

So by the letter of the law what I have done is 100% correct, yet I have a house in the UK and a UK passport - so DCF is theoretically an option?

 

As I see it I have 2 options:

 

1. Wait out the one year US waiting time and just deal with it.

 

2.  Pull the existing I-130s and re-file in London.

 

Thoughts ?  

[Boiler 43,597]

So you currently live in the US and you are considering moving back to the UK and then filing DCF?

[geowrian 22,336]

38 minutes ago, MikeMinusWife said:

So I also contacted the USCIS office in London and they played it with a straight bat “if you are currently the US - file in the US”.  End of.

Correct. If you no longer actually reside in the UK as your primary residence, then DCF based upon foreign residence is not available. A foreign property or housing agreement, or passport, is not the same as residency.

[MikeMinusWife 42]

I fly home every 2 weeks, have a UK registered car, bank account, and utility bills - how would they even know or care where the “line” is ?

 

I have dual residency - today I’m in the US - tonight I fly home.  My UK residency has been continuous, my US residency is sporadic. But the permanent US move (for work) is around the corner - this commuting deal is coming to an end and it will become permanent - hence the I-130s and the need to relocate.

 

As it stands there is no way I’m

living without my family for up to a year if the USCIS in the UK can process my paperwork more quickly.  I even researched the K2 (?) visa option and discovered that it is a complete waste of time, taking as long to process as the I-130.

 

This immigration situation with the US is beyond ridiculous.  What do other people do when their employer requires relocation ?

[payxibka 10,044]

1 minute ago, MikeMinusWife said:

I fly home every 2 weeks, have a UK registered car, bank account, and utility bills - how would they even know or care where the “line” is ?

 

I have dual residency - today I’m in the US - tonight I fly home.  My UK residency has been continuous, my US residency is sporadic. But the permanent US move (for work) is around the corner - this commuting deal is coming to an end and it will become permanent - hence the I-130s and the need to relocate.

 

As it stands there is no way I’m

living without my family for up to a year if the USCIS in the UK can process my paperwork more quickly.  I even researched the K2 (?) visa option and discovered that it is a complete waste of time, taking as long to process as the I-130.

 

This immigration situation with the US is beyond ridiculous.  What do other people do when their employer requires relocation ?

K3 not K2

 

It's called extenuating circumstances that requires approval by the uscis to submit abroad.

[Boiler 43,597]

So you buy travel insurance for when you visit the US? You are paid in the UK etc and regularly visit the US.

 

I hate to think how you manage your taxes.