AmericanMarriedinUK

London told me today that because my UK Residence Permit still says LIMITED LEAVE TO REMAIN, and not LEAVE TO REMAIN, that I am ineligible to petition their offices, and that I must file at a US office. I expected that. I have been here 2 years +, but my 2-year marriage anniversary isn't until MARCH, and I wasn't given my last VISA until MAY of 2005 (the new visa would have to be applied for in MAY 2007). The call was £1.20/minute. #######.

The UK Call Center is located in Scotland and is staffed by local, contract workers. You were not speaking to the Embassy, the Immigrant Visa Unit or the USCIS Field Office. They read scripts that are surprisingly similar to the website info.

Other people in your similar situation have had their I-130 accepted for local processing.

I'm now at that point where I don't know if I should keep encouraging you, or butt out.

I appreciate everything I've read on this board. I thought you thought that I was a bona fide resident when you suggested I try, and that that influenced your advice. I will file through London and if it doesn't work, file through the US. And I'll keep this posted... we'll see how it goes!

I'll be on the horn tomorrow with London for sure. So glad I found this site. Reading the official material is not always so straightforward.

On the horn for what?

Remember the old Jesuit principle: It is easier to beg forgiveness than ask permission.

If they will not accept your I-130 filing, they will return it and your payment to you in the mail promptly.

When they accept it, you'll get a postcard notification.

If it is returned, then you go back to the drawing board and learn about K-3 visas.

London told me today that because my UK Residence Permit still says LIMITED LEAVE TO REMAIN, and not LEAVE TO REMAIN, that I am ineligible to petition their offices, and that I must file at a US office. I expected that. I have been here 2 years +, but my 2-year marriage anniversary isn't until MARCH, and I wasn't given my last VISA until MAY of 2005 (the new visa would have to be applied for in MAY 2007). The call was £1.20/minute. #######.

You do not have to file back taxes if you were not required by law to file taxes.

While I lived abroad in Germany, I never made enough money that required me to file taxes. I wrote a letter citing the IRS Tax Code Filing Requirements. I did have a good amount of money in my bank account as well as a job lined up in America. The Consulate looked it over and was satisfied. We were approved and did not need a cosponsor.

Also, London is pretty flexible when it comes to the immigrant self-sponsoring. Check into that.

Do I need to send the I-864 to London with the I-130? I do not have a job lined up as such in California. I have some friends who are "sure they can find me something," or I can find something on my own. I just finished a part time job here in England so I could go back, and the rest of my time I spend helping my husband with his business here. Declaring assets could be tricky him as he is trying to sell stuff off as we speak to raise funds. YUCK.

Basically, if I have to send the I-864 affidavit, perhaps I can submit further proof of income in the next three months as I find gainful employment?? I know I am not in a good position at present, but as they say "wherever you are, there you are". If I were in a better financial position, I'd probably not go back now. Frustrating. My family and I have never accepted public benefits in the US.

I have had trouble finding the address to send the petition to on the London site. Had to go downstairs and make dinner before it got any later. Tried feeing the limey cantaloupe for dessert. He didn't like it. lol...

Off to read more. Thanks for the encouragement.

From the London site:

"My spouse, who is a U.S. citizen, has filed the immigrant visa petition on my behalf. Is he/she required to attend the immigrant visa interview with me?

No. There is no requirement that the U.S. citizen attend the immigrant visa interview. There is also no requirement that your spouse remain in the United Kingdom until you are issued with your immigrant visa; he or she may travel to the United States ahead of you. If your spouse will not attend the interview, please be sure that the affidavit of support, form I-864 is notarized before you come to the interview."

I think I will sleep better tonight.

I have always had something in the bank, but I don't think I ever owed the IRS tax money anyway.

Thanks Zauberblume (MAGIC FLOWER??)

I'm going to read more. Wonder how long I need to stay in the UK once the petition is filed, and whether or not I need to stay here while they summon my husband for his medical (should the petition be successful).

I've been asked to testify in court in the US.

Your thoughts and advise on this subject have kept me from calling a gimmick immigration attorney hotline, you know.

I'll be on the horn tomorrow with London for sure. So glad I found this site. Reading the official material is not always so straightforward.

Thank you very much, all of you.

This makes me wonder if I should stick it out here in the UK and attempt to get the VISA here.

Then again, same problems exist: no domicile in the US, and no filed taxes.

Thanks for the info!!!

I am a US citizen. I live in England with my husband (for now). We married in March of 2005. I am not considered a RESIDENT of the U.K. yet because I have not lived here long enough (I am up for some sort of status change in MAY, but that's probably immaterial considering that I need to return to the US before then).

From reading the VISA information at the US Embassy in London's site, I have to be a resident to file a petition while in the UK. Since I am not a UK resident technically, I suppose I must file in the USA. Please tell me if I'm wrong.

I am considering going back to the United States in the next week or so, to California, to begin the VISA process. I have not deciphered which VISA is better to obtain, the K-3 or I-130 first.

I want the following:

To move to the US personally, to file a petition, and to bring my husband to the US and have him eligible for work, etc.

My concerns are: I would like for my husband to be able to visit me for Christmas, or at other times, whether he has a visa or not (i.e. I do not want to be forced to stay apart). But I don't want that considered an illegal entry. Any wisdom on this question would be appreciated.

MY STATUS:

I have to go to the US and get a job, pad my bank account, and create a HOME for us to live in.

My husband has to tie up loose ends in the UK, so a bit of a wait is not catastophic.

I am 23 years old. I was 21 when I came to the UK, and 22 when I married. My tax return for 2003-2004 is not impressive, but there are circumstances behind that and I can earn more now. I have yet to file a tax return for the 2 years I have spent in the UK.

The bulk of my qualifying support money has yet to be earned. I don't have a family I can stay with or ask to help sponsor us for the sake of the application (my mother is ill in hospital and her estate is in probate, and I used to look after her). Is it likely that a decision would be based on my tax returns when I have been out of the country for the last two years and in a state of limbo?

I am returning to the US specifically to make a better life for us and have a chance at good things, a life that seems harder to get in England. It's important.

CHOICES:

Should I go over, bring my husband, and THEN file when he is PHYSICALLY IN the USA, or is that forbidden? What are the ramifications?

Should I go to the USA, file an application, and wait for his consulate to contact him regarding completing his application and receiving a medical examination while he is in his home country, and just WAIT for the UK gov't to contact the US gov't?

The goal is: Go to USA, file SOMETHING, re-unite with spouse when he is legally able to work, have social security number, etc. What is my fastest route to this end? Which VISA (I-130 or K-3)?

Any advise would be greatly appreciated. I thank you if you've read all of this. I am just a bit desperate... trying to fix one part of my life without destroying my marriage. I want to make the best decisions possible. Thanks very much.