DCF at London

[lost_at_sea 995]

Hey all,

Really looking for advice from anyone who knows about the "DCF" at London for I-130.

Obviously, CSC has somewhat ground to a halt and I was digging about, wondering what our Plan B could be and was trying to find out more about the direct filing at the London field office for spousal visas. I found the page, and it says to qualify you have to have been living in their jurisdiction for 6 months and not be on a tourist visa.

So, my partner (USC) is in London on a Tier 2 ICT (inter-company transfer) visa. At first, he was here from January 2012 on the short-term ICT (which runs for 1 year) and we just switched him to the long term ICT when that expired (which is 3 years allowance, then an option 2 year extention) which, due to the way it works with having a work certificate currently *expires* July 30th 2013 (but we could feasibly ask his work for more time).

Anyway, all in all, he's been here since Jan 2012 with no breaks, legally, on a Tier 2. He has no residence in the US, we rent a place here together, he pays tax, bills etc.

My question is - does that count? Like, if we got married tomorrow and filed a direct petition to London, would they accept it?

I wish their site was more conclusive about which visas are and aren't OK to be here on to do that.

This is the page I'm referring to, btw: http://london.usembassy.gov/dhs/uscis/i130filing.html

Edited March 21, 2013 by lost_at_sea

[Nich-Nick 3,354]

Yes, if you marry you should be allowed to file DCF. You have a visa from the UK that allows you to live and work there. It's going to take you about 5 months. Are you sure you are going to save any time at this point in your K1?

Your K1 timeline predicts petition approval somewhere mid-May. You could have the K1 early-mid August.

Let's say you marry and file DCF. I'm guessing that would be a month from now probably to pull that together. There's a posting of notice requirement to marry in the UK, isn't there? And the wait on a marriage certificate. So maybe a visa by mid-late September if all goes well. Of course you would have a CR1 visa which is a better visa, so if you don't mind it taking a little longer, go for it.

[lost_at_sea 995]

Yes, if you marry you should be allowed to file DCF. You have a visa from the UK that allows you to live and work there. It's going to take you about 5 months. Are you sure you are going to save any time at this point in your K1?

Your K1 timeline predicts petition approval somewhere mid-May. You could have the K1 early-mid August.

Let's say you marry and file DCF. I'm guessing that would be a month from now probably to pull that together. There's a posting of notice requirement to marry in the UK, isn't there? And the wait on a marriage certificate. So maybe a visa by mid-late September if all goes well. Of course you would have a CR1 visa which is a better visa, so if you don't mind it taking a little longer, go for it.

No, I don't know it'll be faster. I'm just weighing up options. I'm currently still fuming from our lawyer not mentioning this, and me stumbling across it in my research. I'd seen it before, but assumed we must not qualify somehow, because we were told there was no fast way. So yeah. Super pissed today. I emailed her today "Uh, can we do this?" and she was all "yeah, but you were keen on the K1". Uhm, no. We were very clear. We wanted the *fastest*. Ugh!!!!

I'm just torn about what to do. I'm really frustrated about how long the K1 is taking and how opaque the processing times are. The DCF *could* be very fast, but it could take just as long, as you rightly say. Ugh!

Edited March 21, 2013 by lost_at_sea

[Darnell 8,478]

My question is - does that count? Like, if we got married tomorrow and filed a direct petition to London, would they accept it?

YES !

[lost_at_sea 995]

Thanks, both. In a way, I'm sort of sad it's a "yes", because if I'd known this in October, we'd have probably been able to move by now. Cannot count the ways I am pissed off.

Just for the sake of opinion - what would you do? Stick with the k1 now it's nearly 5.5 months down the road, or switch? Bare in mind, we *really* want to be able to move in July in an ideal world (because of his UK visa).

Oh, and yes... It'd take at least 3-4 weeks just to get married (it's a 16 day notice period with the registra, booking a room etc.).

Edited March 21, 2013 by lost_at_sea

[Darnell 8,478]

i say stick with the K-1, for now.

and pray to the Goddess each day, that yer able to wake up next to yer partner.

Mornings Are Blessed.

[lost_at_sea 995]

i say stick with the K-1, for now.

and pray to the Goddess each day, that yer able to wake up next to yer partner.

Mornings Are Blessed.

Well, I already do wake up next to him so that doesn't really play into the decision.

Edit... Wait. I see what you mean. Yeah. But not having to do AOS would be something?

Edited March 21, 2013 by lost_at_sea

[Darnell 8,478]

I think you missed the point, and that's OK!.

Go Get Em !

[Nich-Nick 3,354]

Well, I already do wake up next to him so that doesn't really play into the decision.

Edit... Wait. I see what you mean. Yeah. But not having to do AOS would be something?

AOS is $1070. The K1 is kind of a "nothing" for a few months after filing. If you don't marry for a month, then don't file for another, you're looking at 5 months without permission to work, leave the US, get a driver's license.... Many sad stories of bored people stuck at home with nothing to do while the souse goes to work. Many places don't have public transportation. Some drive on their UK license, some don't. That's always a debate. Some never learned to drive. Some are afraid to drive in America. With a CR1, you are a permanent resident the day you enter.

Time predictions are impossible so hang in there or bail out. It will probably be like grocery store check-out lines--once you switch lanes, the one you choose slows down and the one you left speeds up.

[Darnell 8,478]

Ya, AOS for most is a stupid waiting period.

If'n you wish to work soonish, well, an AOS after a K-1 is a waiting game.

[lost_at_sea 995]

Time predictions are impossible so hang in there or bail out. It will probably be like grocery store check-out lines--once you switch lanes, the one you choose slows down and the one you left speeds up.

Well, indeed. This is my main concern! It would be just typical.

Money isn't an issue, and we're moving to SF (in the city) which is one of the few you can get around without a car and I know lots of folks there, so having some time off is not a complete downer. I'm very lucky in those regards.

I suppose #1 deciding factor is which will let us move back to the US fastest? That's what matters most to us (essentially to keep his work happy and so we can get on with life there, where we intend to settle for the next few years at least).

[elmcitymaven 9,712]

Well, indeed. This is my main concern! It would be just typical.

Money isn't an issue, and we're moving to SF (in the city) which is one of the few you can get around without a car and I know lots of folks there, so having some time off is not a complete downer. I'm very lucky in those regards.

I suppose #1 deciding factor is which will let us move back to the US fastest? That's what matters most to us (essentially to keep his work happy and so we can get on with life there, where we intend to settle for the next few years at least).

London DCF, class of 2007 here. DCF has historically taken about 5 months from start to finish in London. There are outliers to be sure, but in the 6 years I've been on here it has averaged out to 5 months. Assume this is the case.

So, add on the amount of time for having the banns read/notice done, which you yourself said is about 3-4 weeks. So now we're at six months, give or take. That's late September, maybe early October (there's often a little summer slowdown at the consulate in August).

You've been waiting a long time for your NOA2, and you're probably pretty close to getting it. Now, if you were a month or two after NOA1 I would tell you to just get married and abandon the K1. The CR1 is a better visa -- you're a permanent resident off the bat, no AOS, none of the headaches K1s face. But the important thing for YOU is to get to the States sooner rather than later. Money is not an issue for you, so no need to have employment authorisation off the bat. Abandoning the K1 this late into the game is asking for more headaches than you want, in my opinion.

[lost_at_sea 995]

London DCF, class of 2007 here. DCF has historically taken about 5 months from start to finish in London. There are outliers to be sure, but in the 6 years I've been on here it has averaged out to 5 months. Assume this is the case.

So, add on the amount of time for having the banns read/notice done, which you yourself said is about 3-4 weeks. So now we're at six months, give or take. That's late September, maybe early October (there's often a little summer slowdown at the consulate in August).

You've been waiting a long time for your NOA2, and you're probably pretty close to getting it. Now, if you were a month or two after NOA1 I would tell you to just get married and abandon the K1. The CR1 is a better visa -- you're a permanent resident off the bat, no AOS, none of the headaches K1s face. But the important thing for YOU is to get to the States sooner rather than later. Money is not an issue for you, so no need to have employment authorisation off the bat. Abandoning the K1 this late into the game is asking for more headaches than you want, in my opinion.

I appreciate the opinion. I think you're probably right.

Thanks, all. I reckon we'll stick with the K1 and see what we can do. It's a pain, and I'm so ultra-annoyed at our lawyer (who is currently receiving my partner's wrath). We'll see how it goes.

[Darnell 8,478]

your partner can email into USCIS also, and inquire - email address is ncsc-customerconnect@uscis.dhs.gov

Good Luck !

[lost_at_sea 995]

your partner can email into USCIS also, and inquire - email address is ncsc-customerconnect@uscis.dhs.gov

Good Luck !

Inquire for what? His eligibility?