meauxna

It's not a rule, it's the law. It was passed to counter claims (or actualities) that too many people were marrying solely for the immigration benefit (marriage of convenience etc).

COs look at the totality of circumstances for each case. What if you've got a couple like my pals in England, who have been 'together' for 15 years and have 3 children together and have lived a 'married' life without ever getting married. If they got married tomorrow, and applied for a visa the next week, it would look as if they "just" got married, but their circumstances would tell a different story.

What counts for the example you raise is what the couple do 2 years in. The form is I-751, the process is called Removing Conditions, and basically, you show that you are still married and have a legit relationship that was not solely for the immigration benefit.

jeffreyhy

I didn't describe it as simple, I described it as needing to be done in accordance with the law. If immigration was simple there wouldn't be a lot of lawyers making a lot of money practicing immigration law.

On the other hand, in simple situations immigration can be managed without a lawyer, as many people who participate here can attest. But that doesn't mean that simple situations don't require careful attention to following and meeting the legal requirements.

Regards, JEff

meauxna

Unfortunately, none of us can guarantee that if your (then) wife files her I-130 to London, that it will be accepted. It's my strong *opinion* that they would, but if they do not, what is the worst case scenario? They tell her to file it to the US Service Center and your case takes a few months more. Since you're both living together anyway, the time doesn't really matter. Once she files her I-130 in London and it's accepted, if she has to leave the UK (because her visa is running out etc), she can simply go to the US ahead of you.

The main drawback with the K-1 (IMO) and especially in your situation, is the period of limbo while waiting for all your docs and status to sort out.
Old timers here know I am biased toward DCF when it is possible. It's the only civilized way to approach this. Ours took 33 days from petition to visa.

The immigrant visa is also valid for 6 months from receipt. I don't understand the obsession with "saving" a month or two in visa processing when you're living together and there is no rush to reunite in the US.
The K-1 was designed with a very specific situation in mind.

arh1

It wouldnt stop us marrying in the US, just here. Marriage in the US is definately the most likely option for us at the moment I would say.

I also didn't realise until just now that the immigrant visa after filing DCF in London also gave you 6 months in which to sort out your affairs and move to the US - is very helpful to know.

I think I am of everyone's opinion that the immigrant visa would be the best option for us and will do some further research into this I think.

In terms of if we were to marry in the US whilst I was on VWP - i have read on the forum and therefore assume that this is perfectly legal as long as you do not intend to stay to adjust status and have to take some form of evidence that you intend to return to the UK in case questioned at POE.

BrittanyB

Hello,

I am very interested to see your question, as I was wondering the EXACT same thing. I am a USC, and would like to apply via DCF for a spousal visa for my fiancee ( huisband by then). However, I too am on a Tier 1 Post-Study work visa, valid for 2 years and expiring in jan 2012. I have lived in the UK now for a total of 2 years, and it is my permanent residence. However, I have no idea if I can file DCF or not. I even called that expensive £1.20 phone number for the embassy in London to find out, and got little help. I was told by the guy that "I cannot say exactly if they will let you apply that way, because it is a different agency that deals with that" and then he said that unless I had indefinite leave to remain, was in the UK as part of US armed forces, or had dual citizenship, he didn't know if I could file DCF or not. I asked him for contact details of someone who could tell me, so I don't waste time applying just to be told I need to file via USCIS in the USA, but he said no, I would just have to file and see. I personally think that's a bit odd, but what are you gonna do. SO now I don't know whethjer to even attempt to file DCF and likley waste a few more months, or just file in the states. So annoying how no one can give a straight answer there

ian-mstm

I'm happy to give you a straight answer! File. If the application is accepted, great... you're good to go. If it isn't, the entire file and fee will be returned to you and you can then file to the US. The worst that happens is that you're out a few weeks worth of time.

Ian

jeffreyhy

Gee, the same advice "that expensive £1.20 phone number for the embassy in London" gave her. You work cheap!

Regards, JEff

meauxna

http://britishexpats.com/forum/showp...7&postcount=18


Maybe odd, but where do you get that you will waste 'a few months'? When are YOU planning to leave the UK anyway?

I'm sorry you are annoyed, but there is no straight answer available. Have a read of the DCF wiki (link in my sig) so you can understand more about the process (although I've thrown away the entry with the background info).
At any rate, learning the basic structure of the process will help you see why there are choices and bends in the road, and how most/all of them work to YOUR advantage if you position it correctly.