DCF - London

[latteberry 1]

Can I just add, how in the heck did you get to do DCF that quickly? I'm in the UK and I've been told on these boards that I can't do DCF unless I've been here for at least 1.5-2 years. I came to UK in October 2006 and was married 5 days after you were.

Are the DCF rules different for each consulate?

I'm so confused.

[elmcitymaven 9,711]

Can I just add, how in the heck did you get to do DCF that quickly? I'm in the UK and I've been told on these boards that I can't do DCF unless I've been here for at least 1.5-2 years. I came to UK in October 2006 and was married 5 days after you were.

Are the DCF rules different for each consulate?

I'm so confused.

HA has been married and resident in the UK for six years, so she was eligible for DCF.

There appears to have been some change in who London allows to do DCF. Previously, you needed to be resident 2 years (i.e. applied for and have indefinite leave to remain), but there is anecdotal evidence on this board that some people are being accepted with under a year provided they have their limited leave to remain. Try calling the Embassy for more info on this.

Also, you could help us and

Edited June 7, 2007 by elmcitymaven

[MargotDarko 0]

Can I just add, how in the heck did you get to do DCF that quickly? I'm in the UK and I've been told on these boards that I can't do DCF unless I've been here for at least 1.5-2 years. I came to UK in October 2006 and was married 5 days after you were.

Are the DCF rules different for each consulate?

I'm so confused.

In the past, the rules have been different for each consulate. Recently, it was changed that technically if you've been resident in a country for six months, you can file directly. That may in reality still be different in different countries, but that's how it's supposed to be now.

Here's the page for London USCIS - http://london.usembassy.gov/dhs/uscis/i130filing.html. I can't remember the actual date it changed, but you are now currently eligble to file with London USCIS because you have limited leave to remain and are primarily resident in the UK.

<S>If I were you, I would contact the London USCIS office and ask if they would accept your I-130 even though you already have one filed in LA. You would have to pay the $190 again, but it will be so much faster. If however you're happy to be in the UK for another year, then continuing the way you've started would be easier.</S>

EDIT - I see you've been posting in the K3 forum and plan to do a K3 visa. If that's the case, I'm assuming you do want to go to the US pretty soon. Trying to change to direct filing might be hard, but if it happens it will save you a ton of time and money.

EDIT AGAIN - Oh geez, I've been misunderstanding your situation. I thought you arrived married and with limited leave to remain back in October 2006. You aren't yet eligble for DCF.

Edited June 7, 2007 by MargotDarko

[elmcitymaven 9,711]

Okay, I just found the thread I was looking for about London: http://www.visajourney.com/forums/index.ph...st&p=908026

Read Beldos' entry #14. It looks like you are good to go to file DCF if you have the UK as your main place of residence, but seeing as you have already filed in the US you may need to consult the Embassy about cancelling the first I-130 and refiling directly in London. You are living in the UK now and entered with a spousal visa, correct?

I'd also recommend reading the entire thread for more specific info. (Message to moderator -- this topic probably needs to be split now! )

[MargotDarko 0]

Okay, I just found the thread I was looking for about London: http://www.visajourney.com/forums/index.ph...st&p=908026

Read Beldos' entry #14. It looks like you are good to go to file DCF if you have the UK as your main place of residence, but seeing as you have already filed in the US you may need to consult the Embassy about cancelling the first I-130 and refiling directly in London. You are living in the UK now and entered with a spousal visa, correct?

I'd also recommend reading the entire thread for more specific info. (Message to moderator -- this topic probably needs to be split now! )

Actually, Latteberry isn't eligble for DCF yet. I've seen in another post that she was only a visitor between October and March. And then she was on a fiancee visa, and it's not clear if she's obtained FLR yet. The soonest she could file in London would be August if she has FLR, and only if they count the time she was here on a fiancee visa.

Edited June 7, 2007 by MargotDarko

[MargotDarko 0]

Okay, I just found the thread I was looking for about London: http://www.visajourney.com/forums/index.ph...st&p=908026

Read Beldos' entry #14. It looks like you are good to go to file DCF if you have the UK as your main place of residence, but seeing as you have already filed in the US you may need to consult the Embassy about cancelling the first I-130 and refiling directly in London. You are living in the UK now and entered with a spousal visa, correct?

I'd also recommend reading the entire thread for more specific info. (Message to moderator -- this topic probably needs to be split now! )

Regarding Beldos - their I-130 was returned by the London USCIS office saying they weren't primarily resident in the UK and therefore not eligible. It's not clear whether or not a US or UK address was used on the I-130, which would make a difference, but it's possibly because they weren't at the six months yet and the person on the phone was wrong.

[elmcitymaven 9,711]

D'oh! My bad. This is what I get for replying when I am also talking on the telephone at work. It's disappointing that the Embassy doesn't clearly state the rules on the webiste like they used to. It would dispel a lot of confusion and rumour.

(Note to self: do not let boss know I am on VJ most of the day these days! )

[MargotDarko 0]

D'oh! My bad. This is what I get for replying when I am also talking on the telephone at work. It's disappointing that the Embassy doesn't clearly state the rules on the webiste like they used to. It would dispel a lot of confusion and rumour.

(Note to self: do not let boss know I am on VJ most of the day these days! )

I agree about how badly the London USCIS site needs to be updated - it's crazy. They even have the old medical fees on there, and old forms.

[homesick_american 1]

Can I just add, how in the heck did you get to do DCF that quickly? I'm in the UK and I've been told on these boards that I can't do DCF unless I've been here for at least 1.5-2 years. I came to UK in October 2006 and was married 5 days after you were.

Are the DCF rules different for each consulate?

I'm so confused.

The DCF rules are different from place to place.

According to the latest info on the embassy's website, you must be resident in the UK in order to do a DCF. It does NOT specify a length of time that you must be resident here, but you must have an actual resident visa. You cannot do a DCF on a tourist or fiance(e) visa, and I don't think you can do one on a student visa either but I could be wrong.

[latteberry 1]

Yes, I'm still on my Fiance visa here in UK and have the paperwork filled out to submit for the spousal LLR. I haven't submitted it yet because DH only JUST started a job - he'd been self-employed but hadn't had any income for a while and we'd been living off savings. Now he has an employment offer letter and his first pay stub. I don't know if that's enough to file or if I should wait...I don't want to put it off too much longer, since the Fiancee visa expires Sept. 1.

What I'm most worried about is the fact that I'm doing both processes at the same time. Is there anything wrong with filing to stay here while also filing to bring spouse back to US? I'm concerned that someone is going to connect the dots and claim that we have conflicting motives.

[MargotDarko 0]

Yes, I'm still on my Fiance visa here in UK and have the paperwork filled out to submit for the spousal LLR. I haven't submitted it yet because DH only JUST started a job - he'd been self-employed but hadn't had any income for a while and we'd been living off savings. Now he has an employment offer letter and his first pay stub. I don't know if that's enough to file or if I should wait...I don't want to put it off too much longer, since the Fiancee visa expires Sept. 1.

What I'm most worried about is the fact that I'm doing both processes at the same time. Is there anything wrong with filing to stay here while also filing to bring spouse back to US? I'm concerned that someone is going to connect the dots and claim that we have conflicting motives.

There's no problem with doing both at the same time. You don't actually have conflicting motives because the FLR for the UK does not mean you're asking to permanently reside in the UK. You'd only technically have conflicting motives if you were applying for Indefinite Leave or citizenship, but even then you wouldn't run into a problem. I've met several USCs online who were able to do their UK citizenship ceremony in the US because their UK spouse had received a green card and they wanted to move to the US. So, no problem there.

You can file for FLR anytime now. The offer letter itself is just fine. UK immigration is much less stringent about income requirements and proof than US immigration.

I saw in another post that you're trying to decide whether to skip the K3 visa. When I suggested that, I was under the impression that your husband was already working and that you weren't in a tight financial spot in the UK. Unless your husband's new job covers all your outgoings and allows you to build up some savings again, my sense is that you might not find it worth it to skip the K3. If the new job more than covers your UK outgoings and will allow for savings to build back up within six months, then in my opinion you would find it worthwhile to wait for the CR1.

[homesick_american 1]

Yes, I'm still on my Fiance visa here in UK and have the paperwork filled out to submit for the spousal LLR. I haven't submitted it yet because DH only JUST started a job - he'd been self-employed but hadn't had any income for a while and we'd been living off savings. Now he has an employment offer letter and his first pay stub. I don't know if that's enough to file or if I should wait...I don't want to put it off too much longer, since the Fiancee visa expires Sept. 1.

What I'm most worried about is the fact that I'm doing both processes at the same time. Is there anything wrong with filing to stay here while also filing to bring spouse back to US? I'm concerned that someone is going to connect the dots and claim that we have conflicting motives.

The US government isn't going to tell the UK government, if that's what you're worried about.

If you've already filed the I-130 then I think you've missed the DCF boat and it may add more weeks to your timeline to get things shifted from the US to the UK. It's good that you've applied for the LLR because it is not likely that the visa will be issued before your visa expires. Thing is...your husband just started a job in the UK but you guys want to move to the USA? Why did you move here to the UK if you both wanted to live in the USA?

I saw in another post that you're trying to decide whether to skip the K3 visa. When I suggested that, I was under the impression that your husband was already working and that you weren't in a tight financial spot in the UK. Unless your husband's new job covers all your outgoings and allows you to build up some savings again, my sense is that you might not find it worth it to skip the K3. If the new job more than covers your UK outgoings and will allow for savings to build back up within six months, then in my opinion you would find it worthwhile to wait for the CR1.

I agree.

[latteberry 1]

Thing is...your husband just started a job in the UK but you guys want to move to the USA? Why did you move here to the UK if you both wanted to live in the USA?

I left most of my life in storage and came to the UK so that DH and I could be together and not have to pay rent in two countries. DH took a job because his contract work wasn't coming in and savings were being depleted and we enjoy eating and a roof over our heads. It's not ideal, but it's fine while we're slogging through paperwork. I'm homesick, and can't wait to return to US because it costs half as much to live there, but the process is really frustrating. If the UK were less expensive, I would just stay here. The UK is much more welcoming to me than the US is to DH.

[MargotDarko 0]

Thing is...your husband just started a job in the UK but you guys want to move to the USA? Why did you move here to the UK if you both wanted to live in the USA?

.....The UK is much more welcoming to me than the US is to DH.

I've found that to be extremely true as well.

It has not been ideal living here in the UK for almost two years, but it's what was best for us in our situation and you're doing the best you can in yours. It's great you've been able to figure out a way to not be separated during the process.

Was my suggestion of figuring out whether or not you'll make up the savings difference in six months on the hubby's new job helpful? I'd do the math soon or just pass it off on the hubby to figure out like I always do. If you won't make up the savings, or even worse if you'd risk losing more savings, then I recommend going for the K3 asap. It's a hassle to adjust and will be pretty expensive, but the difference isn't enough if you can't keep your heads above the water in the UK.

Sometimes it boggles my mind that I have the best job here in the UK that I've ever had anywhere, making thousands more than I've made before, and we are just going to scrape by with savings for the move to the states early next year.

Edited June 8, 2007 by MargotDarko

[MargotDarko 0]

You have probably already figured this out, but since you started with a US filing center, keep using a US address throughout the whole process. Trying to change to your UK address mid-process would cause a lot of problems.