When can I leave UK after starting DCF London?

[Dom10 1]

Hello, we filed I-130 (DCF in London) and I'm wondering do I have to be in the country until I-130 is accepted or can I leave before it is accepted? If I can leave before it is accepted, can there be any problems with RFE's? E.G. when giving evidence after the RFE do I have to be in the country/still be a resident of UK to submit it?

 

Thank you.

[Paulonto 29]

Hi Dom10

 

My wife, the petitioner, left to the US before we were accepted.

We had a RFE and thankfully she was over there because otherwise we could not have had the required documents.

The petitioner, being a USC is free to go and return and back again, as long as when applying he/she can prove to have spent there required time in the UK in the main residence applied from.

Only the beneficiary must stay in the UK until the visa is issue.

 

I hope that helps

[Jorge V 195]

Seconding @Sylv in that the USC petitioner can leave the UK as soon as NOA1 is received. The beneficiary will need to be in the UK for the medical and interview toward the end of the process, but the USC does not have to return at any point after NOA1.

 

Having the USC return to the US before approval actually makes it a bit easier as the I864 (submitted during the interview) requires that the spouse either reestablishes, or intends to reestablish domicile in the US. Intent can be tricky to prove sometimes as you have to gather evidence that you intend to return to the US. So actually returning to the US makes it that much easier.

 

Since RFEs are done by mail, you shouldn't have any problems there as long as you can gather and mail the evidence they request.