DCF London - USC UK Visa Expiring Soon

[BonnieBonkie 0]

Hi everyone, 

 

I'll try to keep this as clear & concise as possible. I appreciate your support!!! 

 

Question: Am I able to apply for DCF if my current visa is soon expiring (will expire before the full process is complete)? 

 

Background:

• I am a USC residing in the UK. I have been here since 2017 ('17-'20: student visa; '20-'22: student visa; '22-current: graduate visa). 
• I live in the UK with my husband, a Swedish citizen with ILR in the UK. 
• I have a new job offer that requires me to relocate back to the US by Feb, '24. 
• My current visa (grad) expires on February 7th, '24. 

 

Proposed timeline: 

• Since we're both traveling (Sweden & US) during the holidays, we intend to apply for DCF with the embassy in London in early January. 
• I understand that I'll then need to attend the initial application meeting with the embassy in London. 
• Assuming this all goes well, I'll then return to the US & let my current UK visa expire while my husband's application is still processing. 

 

Would me filing, then leaving & letting my visa expire while the application for my husband isn't finalized be an issue? 

 

Thank you! 

[Crazy Cat 39,279]

20 minutes ago, BonnieBonkie said:

Would me filing, then leaving & letting my visa expire while the application for my husband isn't finalized be an issue? 

I don't see an issue.  You, as the petitioner, can return to the US before the DCF process is finished.  Your spouse can then follow you. 

[BonnieBonkie 0]

1 minute ago, Crazy Cat said:

I don't see an issue.  You, as the petitioner, can return to the US before the DCF process is finished.  Your spouse can then follow you. 

Thank you so much for your response! My confusion is mostly about my residency in the UK... 

 

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

[Crazy Cat 39,279]

3 minutes ago, BonnieBonkie said:

Thank you so much for your response! My confusion is mostly about my residency in the UK... 

 

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

I have seen cases where the US spouse returned to the US prior to the visa being issued. The visas were issued.

[millefleur 5,037]

51 minutes ago, BonnieBonkie said:

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

I've never heard of that being the case for DCF, it's possible some specific embassies require it but basically once you apply and file the I-130 via DCF, the USC is done and can leave/travel/do whatever they want after. The comment you're referring to is a bit nebulous, I don't know what they mean by "the full process" here.

 

 

[IWander 581]

1 hour ago, BonnieBonkie said:

Thank you so much for your response! My confusion is mostly about my residency in the UK... 

 

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

You need to have eligibility on the day the petition is submitted.  

[Dashinka 23,252]

I agree with the others, you need to be legal when you request the consulate to accept the I130, and if they agree, when you submit the I130 to the consulate.

 

Good Luck! Let us know how it goes for you.