DCF filing residency requirement in UK

[LRKO 53]

Can anyone tell me if they know if a fiancee visa counts towards the 6 month residency requirement required to file the I-130 petition in London?

I sent mine in thinking it would count towards the requirement. They sent it back but did state that since I was only here 6 months, it looked like I was only here temporary. To satisify the requirement, I would need to show additional info as far as the residency goes. So I don't know if they will accept the fiance visa as meeting that residency requirement or if I need to wait a little longer and try again.

Their letter actually states:

'This office only accepts petitions from USC who reside within our jurisdiction. USC whose principal residence is not in our jurisdiction, and/or who entered our jurisdiction as a temporary visitor/student/or with limited leave to enter, must file the petition with the appropriate USCIS office in the US.

In order to meet the above criteria, you must satisfy two requirements:

You must show evidence that you have permission from the UK Home Office to live and work here: AND

You also must show that your Principal residence is in fact in the UK.

The fact you arrived in the UK on 9/22/07 and are now planning on relocation back to the US indicates your stay in the UK is only temporary and that your principal residence is in fact in the US. Therefore you must file your I-130 petition with the appropriate Service Center in the US.'

I only have a residence in the UK...none in the US so I don't know where I would file there so now I don't know whether to persue the London filing based on the fiance visa fulfilling the additional time needed for the 6 month residency requirement or not. Any suggestions?

Thank you all for looking!

Linda and Paul

USC in Uk with British Hubby

Entered UKFiance visa 9/22/07

went to USA and Married 12/13/07

re-entered UK on spouse visa 1/1/08

Filed I-130 March 24, 2008

Returned March 31 to file in US due to temporary status

[Sylvia_n_Joseph 3]

It seems they have already determined you are on a 6 month visit. DO you have a job there and a home and all the things that indicate you are a resident ? Or have you just been "hanging out" ?

[LRKO 53]

It seems they have already determined you are on a 6 month visit. DO you have a job there and a home and all the things that indicate you are a resident ? Or have you just been "hanging out" ?

My husband and I live in England. We have a home. He has a job. I am lucky enough not to have to work but do have a NIH number should I decide I want to work. We have bank accounts in both names, council tax, bills, etc so this is my prinicpal residence. So no...I don't consider myself "hanging out" since I live here.

My Mom has had a recent decline in health, 73 yrs old, and I would like to go back to spend more time with her. I am 51 yr old and the British weather does not like my bones at all! Due to MY age, I have no desire to go back to school for any reason and would like to be able to continue my nursing career in the USA so due to ALL of this, we have decided we want to return to the USA.

According to the US Dept of State, you can apply DCF thru London if you "have permission to reside in the consular district and has been doing so continuously for at least 6 months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard"

So now I am trying to figure out if both the Fiancee visa, with the spouse visa, can be used to satisify the 6 month residency requirement. (so far 3 months on fiance visa and now 4 months on spouse visa for a total of 7 months). Sorry for being so long winded but there is a lot of info that needs to be relayed to understand my situation.

Thanks for reviewing!

Linda

[Sylvia_n_Joseph 3]

Sounds like you need to provide copies of your permit to reside in the UK and any proof that you have been there all the time and maybe proff taht you haven't been in the US residing ( I know it is harder to prove you haven't been doing something ) Is your passport stamped on entering and would it be stamped when you left ? ( I am not much on international travel rules ) You can't have a fiance visa if you are married but DCF should work for you .

[funkyab 0]

provide proper evidence and you will be fine... these people suck.