How can you request that your I-130 is filed by the UK consulate?

[Stephie C 8]

Hi, I am a US citizen living with my husband and kids in the UK. Our family is looking to immigrate to the US so I have stated the process to get them immigration visas. So far I have filed an I130 fro my husband. I have done this online at USCIS but since have learnt that our application can be dealt with  by our consulate in London. Will this happen automatically when they process the application and see that the whole family is living in UK or do I need to request this? If so how would I go about doing this? 
Thank you for your help. 

[Crazy Cat 41,978]

Direct Consular Filing is not available if you have already submitted an I-130.  The proper course of action is to request an expedite at USCIS if you have grounds to do so.

 

Chapter 3 - Filing | USCIS

[Stephie C 8]

9 minutes ago, Crazy Cat said:

Direct Consular Filing is not available if you have already submitted an I-130.  The proper course of action is to request an expedite at USCIS if you have grounds to do so.

 

Chapter 3 - Filing | USCIS

Thank you for your advice. The whole family including the petitioner (me) lives in the UK. Thus far I have only filed my husband’s I130 I am still to do the kids. Should they not be submitted online and sent straight to the US Embassy in London instead? 
Thanks 

[Dashinka 24,589]

7 minutes ago, Stephie C said:

Thank you for your advice. The whole family including the petitioner (me) lives in the UK. Thus far I have only filed my husband’s I130 I am still to do the kids. Should they not be submitted online and sent straight to the US Embassy in London instead? 
Thanks 

You could try getting the consulate to accept the I130's for your children, but you have to show exceptional circumstances such as your, as the USC, immediate need to repatriate to the US.  Probably the best course is to file the children's I130's online, then once the I130's reach the NVC stage, you can slow walk them until all of them are ready then they can hit the consulate at the same time.

 

Good Luck!

[Crazy Cat 41,978]

21 minutes ago, Stephie C said:

Thank you for your advice. The whole family including the petitioner (me) lives in the UK. Thus far I have only filed my husband’s I130 I am still to do the kids. Should they not be submitted online and sent straight to the US Embassy in London instead? 
Thanks 

I agree with @Dashinka.  In addition, You can't just send cases to the consulate.  You must have exceptional circumstances, and they have to accept them.  It is at their discretion.  

I would either:

1.  Ask the consulate to accept all the cases (although, by law, they are not supposed to accept your husband's case.  They MIGHT make an exception) if you have qualifying circumstances or:

2.  Submit all the I-130s online, hold early ones at the NVC stage until all are there, then ask NVC and the Consulate to connect and interview all together.

Remember:  All visas expire 6 months or less after the date of the medical exam.

Good luck.

Edited November 17, 2022 by Crazy Cat