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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

FutureAmerican
Hi all,

Having had some discussions with my fiancee and both sets of parents, we are considering a change of plan with regard to the immigration and marriage...right now as stated in my introduction topic we've filed our K1 petition and were hoping to get married on November 26th - the problem is that our reception hall wants a confirmed date 6 months in advance (i.e. May 26th), and we are also facing spiralling costs for caterers etc...and we are worried about me not being able to work for a few months afterwards, whilst I wait for the EAD and the AOS etc to come through.

So, we are now looking at the possibility of her coming here over the summer, possible as early as July, and having a short n sweet little ceremony etc here with just a few close family and friends, then going the DCF route, and moving back to the US as soon as that's all done, especially as it seems with the timelines that I may be able to get my Green Card earlier this way than going over via the K1! At the end of the day, we're not too fussed about ceremonies etc as long as it's in a church and we have a few close friends and family there!

I was wondering if anyone had done this route, and if so does she need to apply for a UK Fiancee Visa (even though she doesn't intend to emigrate as such), and would she be able to do any kind of work etc whilst waiting for my Green Card to come through via DCF?

Any advice etc is more than welcome! As ever, google simply turns up thousands of attorneys willing to take my money sad.gif
Laura_and_IanM
Hiya! Right, just so you are aware, your fiance will have to goto the British Emabassy to get a visitor visa for marriage. NOT A FIANCE visa!! A fiance visa means that she is intending on staying in the UK after marriage. I know it seems a bit mixed up but trust me it is true. As of February 2005, you can no longer just get married in the UK without that visa. They will want to see it at the registars office. I have been in the UK since last May, and I had to fly back to NY to get my visitor for marriage visa. Just tell your fiance that when she goes, to make she that she tells them that you are going to live in America. The interview is not even 3 minutes. THey will ask for any divorce papers, proof of financial means whilst she stays (for my, my fiance gave me his bank statements to prove that he had money in account , and his wage slips) they will ask for her travel itinerary, and I believe that is all they took. If I think of any more I will let you know. But it is cheaper and better to get married in the UK then it is in the US. The Us has more paperwork involved, etc. Goodluck with that and I hope I helped.

Kindest Regards,
Laura and Ian
Mickndarcyjo
Hiya...If you do DCF through London, you'll need more than a vistor's visa. We had to have ILR, although some have gone through the process having LLR. I think you would have to establish some sort of residency in the UK though, before filing DCF.
gag54611
You need to read this page at the London Consulate web site. Basically you are not eligible to file DCF.

If you marry in the UK, then your US citizen wife will have to file an I-130 with the USCIS in the United States. Once you get that approved, then you can immigrate here and you'll get a green card pretty much immediately on arrival (it takes a couple of weeks or so to arrive from what I understand).

Sorry to bring you bad news, but that's the way the process works.

Best of luck,

G

FutureAmerican
Hmm, I guess it's not going to be an option for us then....still it might be better to go with this plan except apply for a K3 instead via the usual process, and then at least I'll get my Green Card when I go over, rather than sitting around for months for the AOS etc to go through after going over on the K1.
Boiler
QUOTE(FutureAmerican @ Apr 17 2006, 12:05 PM) *

Hmm, I guess it's not going to be an option for us then....still it might be better to go with this plan except apply for a K3 instead via the usual process, and then at least I'll get my Green Card when I go over, rather than sitting around for months for the AOS etc to go through after going over on the K1.


K3 and the K1 are pretty much the same from that point of view, I think you are mixing it up with IR1, best to read the FAQ.
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