direct consular filing

[D'sgirl 0]

Hello again... the myriad of options is intimidating and confusing... I just saw something on Direct Consular Filing. Can it be applied to my husband (UK citizen- living in UK) and I (US citizen- living in US)? Would it indeed be faster than the K3 petition? I'm so lost... It seems that this is the fastest and most direct means of getting him here and working. Man... lots to consider... mistakes are so costly

[TimsDaisy 0]

you need to live in England for, i believe, 2 years to qualify for that. there's no fast way around it.

while it doesn't matter at this point for your situation, for others, the advice might be for the non-USC NOT to leave the country before a preferred immigration process has selected.

are you both able to travel? you haven't mentioned yet, i don't think, in that other thread whether your husband has any problems with US immigration right now or whether he can't use the VWP.

[D'sgirl 0]

you need to live in England for, i believe, 2 years to qualify for that. there's no fast way around it.

while it doesn't matter at this point for your situation, for others, the advice might be for the non-USC NOT to leave the country before a preferred immigration process has selected.

are you both able to travel? you haven't mentioned yet, i don't think, in that other thread whether your husband has any problems with US immigration right now or whether he can't use the VWP.

We can both travel. He entered on a VWP when we got married. I believe he can come and go using the VWP, right? Can he enter the US on that VWP and then file for the K3? Does the government look down on that?

[pushbrk 12,115]

Hello again... the myriad of options is intimidating and confusing... I just saw something on Direct Consular Filing. Can it be applied to my husband (UK citizen- living in UK) and I (US citizen- living in US)? Would it indeed be faster than the K3 petition? I'm so lost... It seems that this is the fastest and most direct means of getting him here and working. Man... lots to consider... mistakes are so costly

No. You must both "reside" in the UK to file your case directly with the Consulate.

[D'sgirl 0]

Hello again... the myriad of options is intimidating and confusing... I just saw something on Direct Consular Filing. Can it be applied to my husband (UK citizen- living in UK) and I (US citizen- living in US)? Would it indeed be faster than the K3 petition? I'm so lost... It seems that this is the fastest and most direct means of getting him here and working. Man... lots to consider... mistakes are so costly

No. You must both "reside" in the UK to file your case directly with the Consulate.

thank you... Appreciate that quick response. You are all so helpful. This is the best site for advice I've ever seen... Thanks again!!

[TimsDaisy 0]

He is free to come and go so long as he's violated no laws *IF* he travels smart.

Many couples visit each other during the processing of K3 or K1 visas. But doing so takes just a bit of savvy and smart packing. You need to understand the fundamental assumptions in play at the border that apply to EVERYONE who wishes to enter the US. That assumption is that the person trying to enter is trying to immigrate. It's up to the person to prove that wrong.

The visa waiver program does that automatically, basically, for travelers from applicable countries, like the UK. The same goes in reverse for us going there (US and UK presumptions are similar in this regard).

If there were no VWP, then a person has to apply for a visa which generally requires them to prove to the satisfaction of a consular officer that he/she will go home again. That's usually done with mortgages, letters from employers, kids at home, and other stuff that constitutes "ties" to the home country. Usually the money kinds of ties are the best most convincing ones.

At the border, agents can ask ANYONE for proof ties, whether they have a visa or are traveling under the VWP.

In some cases, a person saying he's visiting his American wife can raise red flags. Will he attempt to stay in the US to skirt immigration laws? If they think so, they can and WILL send him right back on the next flight out of town, he'll probably lose his VWP and your life gets more difficult (though such an event WILL NOT likely harm your K3 process - that's judged on a TOTALLY different basis - namely that he WANTS to stay in the US).

The best thing then, is when he wants to visit, to get a letter from his employer, bring copies of a lease or mortgage or other hard evidence you can pull together to show in case it comes up. It probably won't come up by the way. If the border agent says "purpose of visit, business or pleasure" and he says "pleasure" that's generally the end of the situation. He needn't run to the desk, slam down his paperwork and start spouting off about ties. He should answer all questions, if asked whom he's visiting, he says "wife," that's fine -honestly is the ONLY policy when dealing with direct questions at the port of entry. If they start to give him a hard time, he should offer his proof of ties - as well as proof of his financial situation (we don't want him in America if he's going to snag our welfare, he needs to show he won't be a "public charge.")

In many, many, many cases, couples have no trouble at all visiting each other. But an ounce of preparation makes for a lot less stress and can head off BAD problems at the pass.

(btw: if you go to England to visit, you can and should consider traveling with the same information because they look at things similarly to us. i carried the info with me when i went to visit him, i didn't have to use it, but i was happy to have it in case.)

Does that make sense?

btw: generally, under the VWP, entrants are given 90 days to stay in the country. to get more time, you either have to fill out a form asking for permission to stay longer while he is here but BEFORE the date on his I-94 (think it's I-94something for the VWP, just plain I-94 without) (document given at the border, will be in his passport) passes. Getting a B-2 tourist visa would give him probably 180 days in the country, however, it may be harder to get that rather than just travel under the VWP. He'll have to leave BEFORE his allotted time. There can be varying requirements on how long he'd need to stay gone between visits (sometimes dependent on the duration of his stay in the country).

You can likely pass SOME of the time together here in the US, but probably not all - and he'll have to go home to interview at the London Embassy.

Edited June 19, 2007 by TimsDaisy

[pushbrk 12,115]

you need to live in England for, i believe, 2 years to qualify for that. there's no fast way around it.

while it doesn't matter at this point for your situation, for others, the advice might be for the non-USC NOT to leave the country before a preferred immigration process has selected.

are you both able to travel? you haven't mentioned yet, i don't think, in that other thread whether your husband has any problems with US immigration right now or whether he can't use the VWP.

We can both travel. He entered on a VWP when we got married. I believe he can come and go using the VWP, right? Can he enter the US on that VWP and then file for the K3? Does the government look down on that?

You can file the petitions whether he's in the UK or the US but he must not overstay and he must return to the UK for his visa interview. Tim'sDaisy has given good guidance for his US entrance in the interim.

[bszoom42 0]

2 years to qualify

Holy cow! 2 years is ridiculous. And I thought New Delhi's requirement of around 3-6 months was horrendous.

[pushbrk 12,115]

2 years to qualify

Holy cow! 2 years is ridiculous. And I thought New Delhi's requirement of around 3-6 months was horrendous.

Not only ridiculous but inaccurate. It used to be though. Now one only need leave to reside in the UK. Leave to visit is not sufficient.

[TimsDaisy 0]

Sorry! Since we're not married and don't live in the UK, I live the DCF details to others. The OP should check out the UK regional forum - there are some DCF filers there who might be able to provide insight.

[MargotDarko 0]

2 years to qualify

Holy cow! 2 years is ridiculous. And I thought New Delhi's requirement of around 3-6 months was horrendous.

Not only ridiculous but inaccurate. It used to be though. Now one only need leave to reside in the UK. Leave to visit is not sufficient.

Yep, that's of March of April this year. Leave to reside plus making the UK your main place of residence, which I showed by giving a copy of our joint lease of a flat and a copy of our council tax bill.