Why did they not let us do DCF in London?

[thornhill 0]

I don't get it. We live in England. We got married last September (in america- we went over for a week to get married), my wife (the petitioner) was in the UK for a year by then. We got her UK residency in 20 minutes (filling out the forms infront of the officer at the British consulate in Los Angeles, a day after we got married there), came home (to London) and started my green-card application in November.

They told us we can't file at the consulate in London direct because they (the american visa people) don't accept her as a resident in the UK... even though we live, work and maintain all our existence here. I lost track of how many papers we sent out and where it all went, but what I know is that I've never heard anything from the K-3 after NOA1... instead they started sending stuff about the Green Card application...

We just sent out the Affidavit of Support packet (and I included the DS-230, which I'm not sure we were meant to), and sort of wait and see. I got my police paper almost a year ago, not thinking this whole process to take so long.

Any ideas what can I expect next? I've been trying to find info, read up, educate myself but I found a lot of contradictory statements, stories all over the net. How far am I, realistically, from the interview? Should I pursue the K-3, we want to get out of here by Christmas, latest, and get on with our lives.

Thanks for any help.

[Chica Yeyé 41]

I don't get it. We live in England. We got married last September (in america- we went over for a week to get married), my wife (the petitioner) was in the UK for a year by then. We got her UK residency in 20 minutes (filling out the forms infront of the officer at the British consulate in Los Angeles, a day after we got married there), came home (to London) and started my green-card application in November.

They told us we can't file at the consulate in London direct because they (the american visa people) don't accept her as a resident in the UK... even though we live, work and maintain all our existence here. I lost track of how many papers we sent out and where it all went, but what I know is that I've never heard anything from the K-3 after NOA1... instead they started sending stuff about the Green Card application...

We just sent out the Affidavit of Support packet (and I included the DS-230, which I'm not sure we were meant to), and sort of wait and see. I got my police paper almost a year ago, not thinking this whole process to take so long.

Any ideas what can I expect next? I've been trying to find info, read up, educate myself but I found a lot of contradictory statements, stories all over the net. How far am I, realistically, from the interview? Should I pursue the K-3, we want to get out of here by Christmas, latest, and get on with our lives.

Thanks for any help.

Seems you are applying for K-3, not DCF, and that's a whole different process that produces a completely different type of visa. K-3 are non-immigrant visas which require Adjustmento of Status to CR-1 after landing. DCF provides CR-1/IR-1 immigrant visas from the get go. DCF is for people who married abroad and live abroad together. In your case since you married in the US, a first glance tells me you are not eligible for DCF (could be wrong so don't take my word for it):. will give you more answers. Yet, if you married in the UK Consulate, that's UK soil for international law purposes. Seems a complex case - I'm sure more experienced members will come in your aid soon!

Also check the UK section, lots of folks there with experience in both K-3's and DCF.

Good luck ,L.

[Chica Yeyé 41]

seems you can DCF in London without the marriage taking place there.... my mistake. Still, residency requirements apply.

L.

[MargotDarko 0]

I don't get it. We live in England. We got married last September (in america- we went over for a week to get married), my wife (the petitioner) was in the UK for a year by then. We got her UK residency in 20 minutes (filling out the forms infront of the officer at the British consulate in Los Angeles, a day after we got married there), came home (to London) and started my green-card application in November.

They told us we can't file at the consulate in London direct because they (the american visa people) don't accept her as a resident in the UK... even though we live, work and maintain all our existence here. I lost track of how many papers we sent out and where it all went, but what I know is that I've never heard anything from the K-3 after NOA1... instead they started sending stuff about the Green Card application...

We just sent out the Affidavit of Support packet (and I included the DS-230, which I'm not sure we were meant to), and sort of wait and see. I got my police paper almost a year ago, not thinking this whole process to take so long.

Any ideas what can I expect next? I've been trying to find info, read up, educate myself but I found a lot of contradictory statements, stories all over the net. How far am I, realistically, from the interview? Should I pursue the K-3, we want to get out of here by Christmas, latest, and get on with our lives.

Thanks for any help.

Seems you are applying for K-3, not DCF, and that's a whole different process that produces a completely different type of visa. K-3 are non-immigrant visas which require Adjustmento of Status to CR-1 after landing. DCF provides CR-1/IR-1 immigrant visas from the get go. DCF is for people who married abroad and live abroad together. In your case since you married in the US, a first glance tells me you are not eligible for DCF (could be wrong so don't take my word for it):. will give you more answers. Yet, if you married in the UK Consulate, that's UK soil for international law purposes. Seems a complex case - I'm sure more experienced members will come in your aid soon!

Also check the UK section, lots of folks there with experience in both K-3's and DCF.

Good luck ,L.

Since they've done the DS-230, that means they're on track for a CR1 visa. At the time they wanted to file (last November), they weren't eligible for DCF so they went through a US service center. He should be only a few months away from a CR1 now.

EDIT - here's another thread where it's more clear what's happening -

http://www.visajourney.com/forums/index.ph...p;#entry1031831

Edited July 8, 2007 by MargotDarko