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Posted

I think i am having stress attacks and only am still only in the researching stage.

The more i read the more questions i keep on coming up with, and this one seems to be the biggest problem of them all.

My Wife to be (the US citizen) has been in the UK for 6 years, 4 of which were studying and on a study visa, and the last 2 have been on a Tier 1 post graduate visa that will expire at the end of 2010. Although she has worked and lived here for all this time, will this be enough to even file the I-130? I have not seen anywhere of anyone similarly on a Tier type visa, and a few posts have hinted at the need for indefinite leave to remain which is not the case in this situation.

All help is appreciated, as I try to stay away from an early heart attack.

sr

Our Story

Met in September 2006 through a mutual friend (S being the UK citizen) P studying over here at an American Uni (she is originally from NY)

Xmas 2006 S went to visit P's family (repeated very year since)

2007 moved in together

3rd January 2010 - S asked P to marry him in NY she said yes

8th May 2010 - married in London at Morden Park House

20th May - sent in I-130

22nd July - I-130 Approved

24th July - Packet 3 received

31st August - Medical

Moving out of our flat in London on 1st September, P returning to set up home in NY.

10th November 2010 - the plan will hopefully be for P to fly back to London and together take a transatlantic cruise together across to NY with visa in hand.

Posted
I think i am having stress attacks and only am still only in the researching stage.

The more i read the more questions i keep on coming up with, and this one seems to be the biggest problem of them all.

My Wife to be (the US citizen) has been in the UK for 6 years, 4 of which were studying and on a study visa, and the last 2 have been on a Tier 1 post graduate visa that will expire at the end of 2010. Although she has worked and lived here for all this time, will this be enough to even file the I-130? I have not seen anywhere of anyone similarly on a Tier type visa, and a few posts have hinted at the need for indefinite leave to remain which is not the case in this situation.

All help is appreciated, as I try to stay away from an early heart attack.

sr

I have been able to anser my own question.

For future reference for anyone.

If you are interested in DCF in London, you must have been resident in the UK for at least 6 months with an appropriate status (LLR/ILR/spousal/long-term student/work, etc.) Tourist visas and the VWP are not acceptable for establishing residence in the UK.

Our Story

Met in September 2006 through a mutual friend (S being the UK citizen) P studying over here at an American Uni (she is originally from NY)

Xmas 2006 S went to visit P's family (repeated very year since)

2007 moved in together

3rd January 2010 - S asked P to marry him in NY she said yes

8th May 2010 - married in London at Morden Park House

20th May - sent in I-130

22nd July - I-130 Approved

24th July - Packet 3 received

31st August - Medical

Moving out of our flat in London on 1st September, P returning to set up home in NY.

10th November 2010 - the plan will hopefully be for P to fly back to London and together take a transatlantic cruise together across to NY with visa in hand.

Posted
If you are interested in DCF in London, you must have been resident in the UK for at least 6 months with an appropriate status (LLR/ILR/spousal/long-term student/work, etc.) Tourist visas and the VWP are not acceptable for establishing residence in the UK.

To clarify do you mean 6 months of having the appropriate status or 6months total stay and currently having the appropriate status?

Posted
To clarify do you mean 6 months of having the appropriate status or 6months total stay and currently having the appropriate status?

I believe you must have been in the UK for 6 months on the appropriate status. My partner has been here for 6 years. 4 years on a student visa (which would not count as being a resident) and 2 years on a tier 1 working visa (which is what we are hoping, will count). She also has over 6 months left on this visa (I think the prerequisite is you have at least 3 months left).

Our Story

Met in September 2006 through a mutual friend (S being the UK citizen) P studying over here at an American Uni (she is originally from NY)

Xmas 2006 S went to visit P's family (repeated very year since)

2007 moved in together

3rd January 2010 - S asked P to marry him in NY she said yes

8th May 2010 - married in London at Morden Park House

20th May - sent in I-130

22nd July - I-130 Approved

24th July - Packet 3 received

31st August - Medical

Moving out of our flat in London on 1st September, P returning to set up home in NY.

10th November 2010 - the plan will hopefully be for P to fly back to London and together take a transatlantic cruise together across to NY with visa in hand.

 
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