DCF - UK to USA immigration! HELP please!

[JROBERT 0]

Hi Guys, 

 

I am a  veterinary surgeon (UK/USA citizen) that has received a job offer to go to the USA. I am planning to move with my partner (a UK citizen) - whom I am not currently married to. 

 

My start date is quite flexible but I would like to head over there as soon as possible. My company understand my position and are willing to help me with whatever I need. 

 

I spoke briefly to two solicitors and they said the best way to get over there would be to file DCF with exceptional circumstances due to an immediate job offer. 

 

I would like to complete this myself if possible to save costs but I have a few questions. I'll bullet point them to keep them concise and somewhat logical. 

 

1. I am planning to get married as soon as possible - will take at least one month. Is there any documents that I can start to sort out prior to marriage or will I have to wait to start the process when I am already married? 

 

2. Once I file (I am not sure of the each step at the moment) am I free to move over to USA to start my job whilst my partner waits to receive her green card? If so, how quickly can I go start my job? What do I need to file prior to me leaving?

 

3. My partner and I do not currently have enough assets for her sponsorship. The solicitor stated that they won't ask for that information immediately and I could head to the USA to start working and show my income as proof. This goes against what I have read on these forums previously? 

 

4. I do have a sponsor that earns around $140,000 per year and would sponsor me. He however has a wife and two children. Would that suffice as adequate sponsor? If possible, could you provide the responsibilities of the sponsor so I can explain them. Not too sure if there are any negatives of him sponsoring my partner. 

 

5. The solicitor stated that they rarely accept DCF with exceptional circumstances due to a job offer without another mitigating factor. She stated that the if my partner was 'anxious or suffering from mental health issues'  they will usually accept. Has anyone found this to be true? 

 

6. My partner has not yet received her COVID jabs. Usually you have to wait 8 weeks between each vaccination of the primary course. Would she have to get vaccinated prior to starting the process or can we get everything going? How long do you usually have to wait for the medical after starting the filing process?

 

7. Thank you in advance for your help. I'm rather young so trying to do this by myself but quite over whelming. It would be really helpful if anyone has a link for a step-by-step guide to DCF in the UK so I don't have to ask anymore questions!

 

Kind regards,

 

Jacob

[Just Paul 4,595]

You have to be married to file DCF.  File the DCF prior to leaving the UK. You can not file once you left.  You may need to find a joint sponsor if you do not have enough assets.

[Boiler 45,657]

The exceptional circumstance required for the move is the imminent job, so no idea what else they are thing of. The medical comes before the interview but with DCF that can be relatively quick.

 

Obviously make sure all the inoculations are up to date.

 

I would expect you will not need a joint sponsor.

 

 

[Dashinka 24,591]

You will need to talk to your future employer as to how flexible your start date is.  If extremely flexible, then it really doesn't meet the exceptional circumstances of an immediate pending relocation.

[analitikas 3]

12 minutes ago, Dashinka said:

You will need to talk to your future employer as to how flexible your start date is.  If extremely flexible, then it really doesn't meet the exceptional circumstances of an immediate pending relocation.

It is really up to the consulate and their discretion. 

[JROBERT 0]

22 minutes ago, Boiler said:

The exceptional circumstance required for the move is the imminent job, so no idea what else they are thing of. The medical comes before the interview but with DCF that can be relatively quick.

 

Obviously make sure all the inoculations are up to date.

 

I would expect you will not need a joint sponsor.

 

 

Thank you for the reply Boiler. Much appreciated.

 

When she gets called for the medical does she have to do it by a certain date or can she wait until she has had her second jab. Just wondering if we should not file until she has had both jabs. 

[JROBERT 0]

17 minutes ago, Dashinka said:

You will need to talk to your future employer as to how flexible your start date is.  If extremely flexible, then it really doesn't meet the exceptional circumstances of an immediate pending relocation.

Ideally they would want me to start on January 2nd latest but I will hopefully go before then. 

 

I am not sure of this process so if I, for instance, have to stay here for a period of time after filing; or I can't apply until she has had all her vaccinations, then they could change the start date. 

 

My contract does state January 2nd but I can move that forward or later depending on how quickly I can file which seems to be however long it takes for us to get married in the UK and send the documents off. 

[analitikas 3]

9 minutes ago, JROBERT said:

Thank you for the reply Boiler. Much appreciated.

 

When she gets called for the medical does she have to do it by a certain date or can she wait until she has had her second jab. Just wondering if we should not file until she has had both jabs. 

You would time your medical with the expected date of entry to the US. Medical is valid for 6 months. Sounds like you will be moving ASAP, so thats irrelevant. Personally, I have not seen or been given a deadline for the medical.  

 

Important to get approved for DCF first. In many occasions that is the hardest part. 

Edited October 27, 2021 by analitikas

[Boiler 45,657]

DCF may be quick but not that quick, she will need to show vaccination at medical which is some way off.

[JROBERT 0]

15 minutes ago, analitikas said:

You would time your medical with the expected date of entry to the US. Medical is valid for 6 months. Sounds like you will be moving ASAP, so thats irrelevant. Personally, I have not seen or been given a deadline for the medical.  

 

Important to get approved for DCF first. In many occasions that is the hardest part. 

Ok perfect. So the medical is taken after approval. Do I have to wait in the UK with my partner whilst it gets approved. Or can I file and just go. 

 

How long on average (COVID time) does it take for review and subsequent approval? The poster Boiler stated that the medical comes before the interview and can be quite quick. I guess it is safe to assume that they reject or accept your application pretty fast then?

[Boiler 45,657]

Lets say it takes 3 months, quick but not impossible, you said it would be a month before you marry so plenty of time. Medical is normally a week or so before the interview.

 

I am of course assuming they accept your case for DCF

[JROBERT 0]

3 minutes ago, Boiler said:

Lets say it takes 3 months, quick but not impossible, you said it would be a month before you marry so plenty of time. Medical is normally a week or so before the interview.

 

I am of course assuming they accept your case for DCF

Thanks for your help! 
 

 

[Letspaintcookies 2,310]

You should contact the embassy first to find out if they'll even take your case as DCF. That's the first step and then we can go from there 😊

 

 

[JROBERT 0]

8 hours ago, Letspaintcookies said:

You should contact the embassy first to find out if they'll even take your case as DCF. That's the first step and then we can go from there 😊

 

 

Apologies quite confused. Isn’t the point of filing for the DCF to determine whether they will take it or not? 

[Redro 4,611]

44 minutes ago, JROBERT said:

Apologies quite confused. Isn’t the point of filing for the DCF to determine whether they will take it or not? 

First you need to email the embassy outlining your situation and why you want to file via the consulate (and provide proof). They'll then either tell you, you're eligible to file through the consulate and you can follow the instructions they give you.  Or they'll say  you're ineligible and you'll have to file via lockbox or online. 

If your partner is not vaccinated. I  suggest they start the vaccination process now. From everything I've read online, applicants need to be fully vaccinated when they go to their medical.