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Apply for IR1 in UK with Chinese not UK passport? (dual national)

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Terr
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Apply for IR1 in UK with Chinese not UK passport? (dual national)

Post by Terr » Tue Oct 17, 2017 1:41 am

I hold dual UK and China nationality and reside full time in the UK. I would like to apply for the IR1 visa with my Chinese passport at the US Embassy in London. My partner is about to send off the I-130 form to sponsor my move to USA.

I recall seeing somewhere that you have to apply in your 'home' country. My past experience in dealing with the US embassy for B1/B2 visas previous to acquiring UK citizenship involved them checking my biometric residence permit. Since naturalizing, I no longer have the BRP and therefore cannot prove that I am a Chinese citizen with the right of abode in UK.

Can I still apply for the IR1 using my Chinese passport or will I be forced to make the application on my British passport?

I really appreciate any and all insight.

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CR001
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Re: Apply for IR1 in UK with Chinese not UK passport? (dual national)

Post by CR001 » Tue Oct 17, 2017 10:34 am

How come you have both nationalities when China doesn't allow dual nationality? You should have lost your Chinese citizenship as soon as you became British.
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Terr
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Re: Apply for IR1 in UK with Chinese not UK passport? (dual national)

Post by Terr » Tue Oct 17, 2017 12:16 pm

If you do not mind, I would prefer not to discuss it in detail. It's a rather complicated issue.

For the purpose of this question, I am asking if a person with dual nationality can apply for a US immigrant visa in the UK with their non-UK passport when the latter passport does not have an affiliated UK BRP or residence visa.

My entire travel history to the US on trips to visit my spouse is in my non-UK passport. I am worried that it would be a hindrance to apply using my British passport as it is brand new with no travel history.

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Re: Apply for IR1 in UK with Chinese not UK passport? (dual national)

Post by CR001 » Tue Oct 17, 2017 12:28 pm

The US embassy will want to see evidence of your right to reside in the UK (as any embassy would) so without ROA in your Chinese passport, you would have to provide your British passport as evidence.

Travel history is based on your personal details (name, DOB, etc) and not specifically to a nationality/passport.
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Terr
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Re: Apply for IR1 in UK with Chinese not UK passport? (dual national)

Post by Terr » Tue Oct 17, 2017 3:33 pm

Thank you for your reply! I really appreciate it.

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