DCF from the UK

[Jmaster911 0]

Hi,

New to the forum and just finding my way, below is a little background and then the questions

My wife (US citizen) and I got married in the USA last October, then moved back to the UK and have been living here ever since (she has Temp Leave to Remain). The plan was to live here for a few years and then move back to the US. Last week however a US based company approached me regarding a position they have available and we are now thinking of travelling back to the US sooner than expected.

My questions therefore are as follows.

1) Are we OK filing DCF from the UK to the US Embassy in London

2) What are the timelines involved from filling to getting a visa to enable me to travel to the US and work?

3) Is there anything I can do now to get a jump on things, such as obtain a police cert, etc and if so how do I go about getting these things.

4) I've scanned the boards but can't seem to find a step by step guide for filing for our visa, I'm sure there is one so could somebody please point me in the right direction

Thanks

[Lona.C. 16]

Hi,

New to the forum and just finding my way, below is a little background and then the questions

My wife (US citizen) and I got married in the USA last October, then moved back to the UK and have been living here ever since (she has Temp Leave to Remain). The plan was to live here for a few years and then move back to the US. Last week however a US based company approached me regarding a position they have available and we are now thinking of travelling back to the US sooner than expected.

My questions therefore are as follows.

1) Are we OK filing DCF from the UK to the US Embassy in London

2) What are the timelines involved from filling to getting a visa to enable me to travel to the US and work?

3) Is there anything I can do now to get a jump on things, such as obtain a police cert, etc and if so how do I go about getting these things.

4) I've scanned the boards but can't seem to find a step by step guide for filing for our visa, I'm sure there is one so could somebody please point me in the right direction

Thanks

I think the guides will be helpfull for you , it explains every step wich ever way you go , good luck Lona

http://www.visajourney.com/forums/index.ph...amp;page=guides

[emt103c 10]

Here's the consulate's web site that has several links off to explain certain parts. I don't think you are eligible to file DCF since she has not lived there with you for the required amount of time. I think you may have to file the classic way, but not sure.

http://www.usembassy.org.uk/cons_new/visa/iv/immrel.html

[The_dip_sticks 0]

I think you only need 6 months now to be able to apply for dcf. You might want to check it out to make sure. Best wishes on your journey.

[elmcitymaven 9,711]

When you say "Temp Leave to Remain", is the spousal visa (which I assumed you obtained prior to entry in October) "Limited Leave to Remain"? If yes, you will be able to file DCF. If you simply extended her tourist visa using "Further Leave to Remain", she does not have residency and will need to file through the States.

10 months in the UK *should* be enough for London to accept your DCF, but it's not a given. Some cases have been accepted for a little less, some rejected for a similar amount. It used to be 2 years, but the whole change to who can do DCF at the beginning of this year (you'll read a lot about the Adam Walsh Act here in the DCF forum -- it's what through the whole system into disarray in January) has made it a bit unclear who will be accepted. Frustratingly, the Embassy doesn't state the length of residency on its site so it's a lot of guesswork! 10 months though should be fine. The worst that could happen is that they return your filing fee and you'll have to start again.

Currently, it is taking about 4-6 months to do DCF in London. Yes, getting your police certificate is a good idea to get a jump on things, and also getting your I-864 paperwork together, but be mindful that the certificate is only good for 12 months. Backfile any taxes if you aren't up to date. And the best way to ask DCF advice is right here in this forum, or come on over to the UK sub-forum -- we don't bite (much!).

[Jmaster911 0]

When you say "Temp Leave to Remain", is the spousal visa (which I assumed you obtained prior to entry in October) "Limited Leave to Remain"? If yes, you will be able to file DCF. If you simply extended her tourist visa using "Further Leave to Remain", she does not have residency and will need to file through the States.

10 months in the UK *should* be enough for London to accept your DCF, but it's not a given. Some cases have been accepted for a little less, some rejected for a similar amount. It used to be 2 years, but the whole change to who can do DCF at the beginning of this year (you'll read a lot about the Adam Walsh Act here in the DCF forum -- it's what through the whole system into disarray in January) has made it a bit unclear who will be accepted. Frustratingly, the Embassy doesn't state the length of residency on its site so it's a lot of guesswork! 10 months though should be fine. The worst that could happen is that they return your filing fee and you'll have to start again.

Currently, it is taking about 4-6 months to do DCF in London. Yes, getting your police certificate is a good idea to get a jump on things, and also getting your I-864 paperwork together, but be mindful that the certificate is only good for 12 months. Backfile any taxes if you aren't up to date. And the best way to ask DCF advice is right here in this forum, or come on over to the UK sub-forum -- we don't bite (much!).

Thanks for the help guys, I'm sure I will need more as I continue down the road. You are right BTW, my wife does have a "Limited Leave to Remain", got mixed up with the names. I've filled out the application for my Police certs, which I had to dig around for as the US Embassy website only point you to the Met's page and not where I live which is West Yorkshire.

Edited August 12, 2007 by Jmaster911

[Jmaster911 0]

Just one quick question, will it be acceptable for my father in law to sponsor me on the I-864. The reason being, my wife lives with me and so won't be working when we arrive in the US and so I assume she can't be considered a valid sponsor.

I have also been told on another site to not admit that I have a job when applying for my visa as technically it is illegal for me to actively look for work in the states while not being in possession of a visa allowing me to work.

thanks

[elmcitymaven 9,711]

Just one quick question, will it be acceptable for my father in law to sponsor me on the I-864. The reason being, my wife lives with me and so won't be working when we arrive in the US and so I assume she can't be considered a valid sponsor.

I have also been told on another site to not admit that I have a job when applying for my visa as technically it is illegal for me to actively look for work in the states while not being in possession of a visa allowing me to work.

thanks

Not sure about the second of your questions. It is always a bad idea to lie to a consular officer, but unless you are asked directly "do you have a job there?" you need not volunteer the info. My husband was asked, "What do you think you might work at when you get to America?" He said: finish my PhD, and get back into acting. Vague, but true. If you are asked outright, you should always answer truthfully. I'm sure someone else here might be able to help out further!

As regards I-864s -- your father-in-law may act as a joint sponsor, but your wife must still file an I-864 as your main sponsor even though she has no US income. Even though she earns no US income, it does not relieve her of her responsibility to sponsor you. She should put down her income as $0. Although others have said that you may convert your foreign income into US$ and write that down, and that shows she has earning capacity, I'll tell you I (the USC sponsor) put down $0 despite having a job in the UK and that worked just fine (we were approved 2 months ago).

Make sure that your father-in-law completes an I-864 and NOT an I-864A. The latter is meant for household members of a sponsor, and not a joint sponsor. You'll also need to make sure your wife has filed her taxes for the past three years -- a lot of USCs living abroad forget to do this (I am a case in point -- hadn't filed since 1996, oopsie!) but this is easily rectified.

Good job on hunting down the proper police constabulary for your certificate -- the Embassy site, whilst improving, is close to useless on up-to-date info!

[ch112803 0]

My understanding is that they change the ruling at the beginning of this year regarding DCF qualification. It is now only necessary to be a resident for six months. Your wife has a resident visa so there should be no trouble filing through the Embassy.

I wouldn't be nervous about letting them know that you have a job already lined up. If anything, it only makes your application look that much more appealing. I've never heard the opposite. If you have a contract, you will be able to use that income on your I-864 and thus avoiding your FIL needing to sponsor you.

In my case, we used assets (i.e. the equity in our flat) to support our visa application. We were able to do it without a joint sponsor, but I had my Dad fill out the I-864 just in case. We didn't think we would make so much money on the sale to begin with. I also put my income as $0 because it wouldn't be continuing once in the States.

[MargotDarko 0]

DCF can now be done with 6 months residency, so you'll definitely be fine! Actually, there's some vagueness on whether even 6 months is needed now. The London USCIS site only says that the USC needs to have UK residency and make the UK their home - it doesn't mention any minimum time anymore.

[MargotDarko 0]

My understanding is that they change the ruling at the beginning of this year regarding DCF qualification. It is now only necessary to be a resident for six months. Your wife has a resident visa so there should be no trouble filing through the Embassy.

I wouldn't be nervous about letting them know that you have a job already lined up. If anything, it only makes your application look that much more appealing. I've never heard the opposite. If you have a contract, you will be able to use that income on your I-864 and thus avoiding your FIL needing to sponsor you.

In my case, we used assets (i.e. the equity in our flat) to support our visa application. We were able to do it without a joint sponsor, but I had my Dad fill out the I-864 just in case. We didn't think we would make so much money on the sale to begin with. I also put my income as $0 because it wouldn't be continuing once in the States.

Oops! We were typing at the same time.

I would recommend that they did what you did - have the joint sponsor I-864 just in case. I think the job offer is iffier than unrealised assets.