Married gay couple(merged)

[Paulwalsh75 1]

Hi we are a married  gay couple living in England.  My husband is Italian and I’m American. We were married in New York in 2012. We are both are working and living in England, but are ready to move to America. I’m not sure what the process is or where to start since I’m living in the U.K.  I’ve heard conflicting information which stated I should get an attorney, relocate back to the USA and set up residence. Ideally we would like to stay together and move at the same time. If anyone could give us advice on where to start or recommend a lawyer that would be much appreciated. We both would love to be in the states next year or so. Thanks for taking the time ,any feedback would be great.  Paul

[milimelo 4,196]

Uscis.gov international offices, London - get in touch with them to file your case there - shaved off at least 6 months wait time. 

 

File I-130 there. Follow guide ^^ IR/CR visa guide for spouse of USC. All forms on uscis.gov

[Just Paul 4,591]

File your I-130/I-130A petition at the London USCIS office, in person if possible.

 

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

[Paulwalsh75 1]

I want to thank you all for the replies to my original post.  I will definitely contact the London office when we get back to the U.K.  I was just wondering if we are both living in the U.K. I’m American and my husband is Italian, and are both planning to immigrate back to the United States do I need to relocate permanently in the states without my husband coming with me.  This would be something very difficult for us to do. I’ve heard mixed responses to this question before,, any feedback much appreciated.  

[JFH 12,189]

If you live in the UK (as your main residence, not just in a tourist status) then you can file through the London office. But be quick - this option will not be available much longer as USCIS is closing its overseas field offices. 

 

Even if they do close before you file, and you have to file through the Chicago lockbox, it is possible to stay in the UK whilst the application is in process. You will have to satisfy the London embassy that you intend to re-establish domicile in the US. There are lots of threads here on how you can do that. The alternative is to come back to the US for good just before the interview and that satisfies the domicile requirement because you are already here. 

 

Separation is a reality for almost everyone going through this. It won’t be any harder on you than it is on anyone else. The good news is that no one has died due to being apart during the immigration process. It’s not easy. But it won’t kill you. 

Edited July 28, 2019 by JFH

[JFH 12,189]

*~*~*moved from “bringing family members of USCs” to “IR-1/CR-1 spouse visa process and procedures”*~*~*

[Ontarkie 13,915]

~~Related question merged.~~

[pushbrk 12,106]

Start by reading this guide.  https://www.visajourney.com/content/dcf/  That you are same gender is irrelevant.

[Melc 138]

As mentioned above, if you're quick about it you should be able to apply for DCF. 

In addition to the guide above, here is the official guidance from the embassy: https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

 

It also has a specific check-list for spouses with instructions: https://uk.usembassy.gov/wp-content/uploads/sites/16/USCIS_20190225_i130_Checklist_for_Spouse.pdf

 

The first step, the I-130, does not require as many extra documents. So, since the USCIS office where you'd be filing this will be closing soon, I'd apply for this ASAP.