DCF from the US?

[Unknown1983 0]

I am the USC, my husband is a UK citizen. We have been married since June 16th of this year, I have lived in the UK since January 1 of 2010. I previously held a UK fiance visa, and currently have a UK spouse visa. I am currently in the US visiting family. Can I file for DCF with the London embassy from within the US? I can show proof of UK residence, as per my passport visas/NHS letters/Housing. Would I have to attend any interviews, or just my husband? I am thinking about staying in the US to have my baby, and filing for my husbands DCF from over here if I can. I am eligible as I retained residence in the UK, over 6 months. But would me being in the US during the process effect anything?

[mllover 0]

I am not an expert on this, but I think that you have to file with the office that has jurisdiction over where you're currently residing. If you are moving back to the US right now to have your baby, then you really no longer reside in London, and I think you have to file at the US office, not London DCF. But that would be a question that is probably answered on the London Embassy website. Sorry I couldn't be of more help.

[Be83 0]

I would agree with mllover...to do DCF you,the petitioner, have to go to the consulate in London, also proving that you still live in the UK at point of filing and have lived there for at least 6 months prior to filing. That's how it works in Frankfurt...I don't think DCFs differ alot from country to country because DCF is pretty much giving an US citizen the "privilege" of filing in their spouses country while they live there...just ask the consulate, describe your situation....that you are pregnant, would like to deliver the baby at home in the us while at the same time trying to file for your non-USC...maybe they will give you an exception if your husband has a power of attorney...you never know...call and find out or write an email

[Penguin_ie 5,986]

As the others have said, you need to be in the UK for the process, at least the beginning of it (= filing of I-130). But you can move to the USA as soon as that is done, you don;t even need to be officially resident abroad after the I-130 is filed. So if you feel up to it, you could arrange for the embassy appointment (check with other UK DCF filers for details of timelines and procedures, as every embassy is slightly different), fly back to the UK for a week or so to get your part of the visa process done, then fly back to the USA.

[Unknown1983 0]

As the others have said, you need to be in the UK for the process, at least the beginning of it (= filing of I-130). But you can move to the USA as soon as that is done, you don;t even need to be officially resident abroad after the I-130 is filed. So if you feel up to it, you could arrange for the embassy appointment (check with other UK DCF filers for details of timelines and procedures, as every embassy is slightly different), fly back to the UK for a week or so to get your part of the visa process done, then fly back to the USA.

It does not say that I have to go to the embassy at any point during the entire process, so why would I need to go back to file an I-130. Couldnt I fill it out, and send it to him, to send to the embassy? Isnt it all done by mail? I know I do not have to go to the interview, so how would they know im not "residing" in the UK. I hold a visa, and still hold residence there. Currently I am just visiting the US as far as they know.

[Penguin_ie 5,986]

It does not say that I have to go to the embassy at any point during the entire process, so why would I need to go back to file an I-130. Couldnt I fill it out, and send it to him, to send to the embassy? Isnt it all done by mail? I know I do not have to go to the interview, so how would they know im not "residing" in the UK. I hold a visa, and still hold residence there. Currently I am just visiting the US as far as they know.

When I did DCF in Ireland, my USC husband didn't need to go to the embassy either, it was done via mail. I believe that this may have changed in most countries though, and the USC needs to go to the embassy in person to file the I-130 (to prove they are present in the country). You could ring the embassy and ask, or check with some recent UK DCF filers here on VJ. If you can do it by mail, then you MAY not need to go back, but if they check up (unlikely) and find that you are no longer in the country and do not intend to return until at least your child is born, if at all, that may get you in trouble. If I was you, and not too far into the pregnancy, I would return, just to be on the safe side. But I am not you

[Unknown1983 0]

When I did DCF in Ireland, my USC husband didn't need to go to the embassy either, it was done via mail. I believe that this may have changed in most countries though, and the USC needs to go to the embassy in person to file the I-130 (to prove they are present in the country). You could ring the embassy and ask, or check with some recent UK DCF filers here on VJ. If you can do it by mail, then you MAY not need to go back, but if they check up (unlikely) and find that you are no longer in the country and do not intend to return until at least your child is born, if at all, that may get you in trouble. If I was you, and not too far into the pregnancy, I would return, just to be on the safe side. But I am not you

I havent read anything on the embassy website. I am just trying to figure out what to do. I really do not want to have my child in the UK, I have a better support system here..and its cheaper. Its cheaper for my husband to wait it out, and come after the process...versus spending money for 3 tickets..when it could just be one.

[Unknown1983 0]

After extensively reviewing the London Embassy website, it does not state that I will have to be at the embassy at any time. Even on the i-130 checklist they provide, it has a mailing address to where you are to send your petition. My proof of UK residency is simply my visa/entry clearance, and I only need to submit a photocopy for proof. Sounds like I may be able to file the petition by filing it out, sending my hubby the petition/documents, and having him put it through the royal mail service.

Here is a direct quote from the US embassy site in London:

"Please note: Petitions for Alien Relative (I-130) and Petitions for Amerasian, Widow(er), or Special Immigrant (I-360) must be filed by mail. These petitions cannot be filed in person. Read more about filing petitions.

Mailing Address - From the United States

USCIS Field Office - London

Unit 8400, Box 26

FPO AE 09498-0026

Mailing Address - From Outside the United States

USCIS Field Office

American Embassy (DHS/USCIS)

Post Office Box 2444

London W1A 5WT

Physical Address for Express Delivery

USCIS Field Office

24 Grosvenor Square

London W1A 1AE

Yet, I would still like to hear from an UK DCF filers, as to if they had to go to the embassy at all?

Edited August 12, 2010 by erikag1983

[Be83 0]

I just have found this, maybe it helps...

How to apply

The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS). A separate petition must be filed for each person immigrating.

U.S. citizens resident in the United Kingdom may be eligible to file the petition, Form I-130, with the USCIS office at the Embassy; U.S. citizens resident in the United States should contact their their local USCIS office for further information.

and further

Who can file their I-130/I-360 at the London Field Office?

The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom. See the I-130 Checklist for more details.

U.S. citizens who reside in the United States must file their petition with the appropriate USCIS Service Center in the United States.Be sure to include your U.S. address on the petition and submit the filing fee according to the instructions for filing in the U.S. which can be found on http://www.uscis.gov .

U.S. citizens who reside overseas where there is no USCIS Field Office may be eligible to file with the Department of State at the American Embassy. Please see that Embassy's webpage for local filing procedures at http://travel.state.gov .

(http://london.usembassy.gov/dhs/uscis/i130filing.html)

I think this answers your question....

If you stay in the states you need to file with the USCIS office responsible for your area, approved petition goes to NVC, later everything will be mailed to London for your hubbies interview....

If you come back to the UK for a little while you can file in London, the petition is processed in London and the London Visa Unit will schedule your hubby's interview...

[Be83 0]

You can mail it to London as well. Then you just have to make sure your residency in the UK is proven well and you can prove your an USC. This can be done with the following

Proof of UK Residence: The U.S. petitioner must

provide evidence that he/she has permission to live

and work in the United Kingdom. Submit a copy of

one of the following:

? Appropriate UK Entry Clearance Stamp(s); OR

? If Dual National, EU Passport – photo page; OR

? U.S. Military PCS orders assigning you to the UK.

? Proof of US Citizenship: You must submit a

photocopy of one of the following:

? Valid US Passport - biographic photo page ONLY;

OR

? State-issued Birth Certificate; OR

? Naturalization Certificate

http://photos.state.gov/libraries/164203/dhs/i130-checklist_for_spouse.pdf

Hope this helps

[Unknown1983 0]

You can mail it to London as well. Then you just have to make sure your residency in the UK is proven well and you can prove your an USC. This can be done with the following

Proof of UK Residence: The U.S. petitioner must

provide evidence that he/she has permission to live

and work in the United Kingdom. Submit a copy of

one of the following:

Appropriate UK Entry Clearance Stamp(s); OR

If Dual National, EU Passport – photo page; OR

U.S. Military PCS orders assigning you to the UK.

Proof of US Citizenship: You must submit a

photocopy of one of the following:

Valid US Passport - biographic photo page ONLY;

OR

State-issued Birth Certificate; OR

Naturalization Certificate

http://photos.state.gov/libraries/164203/dhs/i130-checklist_for_spouse.pdf

Hope this helps

Yes, that is all what I read on the London embassy site. As I can prove residence in the UK, I can still file for DCF, even though im visiting the US. I hold a UK visa, which they show is substancial proof of residence, as well as NHS system letters going to my hubbys residence. And of course proving my US citizenship is easy to prove, through birth certificate/passport biometric page. So technically I qualify for DCF, as I have resided/still technically reside in the UK..and have been as such for over 6 months.

Yes, that is all what I read on the London embassy site. As I can prove residence in the UK, I can still file for DCF, even though im visiting the US. I hold a UK visa, which they show is substancial proof of residence, as well as NHS system letters going to my hubbys residence. And of course proving my US citizenship is easy to prove, through birth certificate/passport biometric page. So technically I qualify for DCF, as I have resided/still technically reside in the UK..and have been as such for over 6 months. And once they approve the petition my part is done as far as being obligated to stay in the UK anyway. So I can do all this without going back, which will save money, and I will get to have my baby in the states

[Ihavequestions 419]

Doesn't London interview the USC?

[Be83 0]

usually the interview is for the beneficiary only...in some cases, if they doubt a bona-fide marriage the couple will be invited for an extra interview to prove their relationship/marriage...

[Christi85 86]

The London Consulate still expects you to mail in your I-130 pack. There is no option of going there in person.

That said, you can theoretically mail it off from the US or have your husband mail it off from the UK, as long as your stay in the US at the time of filing is just a temporary visit and not a permanent move. If you decide to move to the US before filing I-130, then you'll have to file in the US.

In response to what some other people have asked, the USC doesn't have to attend the interview.

Also, do not send any extraneous documents to prove UK residence apart from what they're asking (i.e. copy of your UK visa clearance) as London is very strict with that in their guidelines. If they want additional information they'll send an RFE.

[inloveVEN 46]

Hi

i think you better read London consulate webpage, because it is diffrent from place to place.

you have to fulfill several requeriments, for example you have to reside officially in London for a period of time.

USA embassy London