*Sigh*

I wonder why more people don't just do the DCF? Thats the easiest way to
bring your wife to the USA.

utopiacowboy

Yes it is, if the embassy/consulate allows US citizens who are NOT resident in that country to use DCF. For example, the US Embassy in Bogota stopped accepting DCF from non-resident US citizens June 27, 2003. Very few US embassies and consulates allow DCF any more.

anyone4tea

I researched DCF for three whole nights and longer. Believe me, if there was a way that we could have done it - we would have.

As it happens, we are now going along the K3 route but believe me, the USCIS in London will *not* allow a non-resident - or even someone who has lived in the UK for less than a couple of months, to do DCF. Even under extreme circumstances.

Kath

Darth Homer

So does anyone know how long the US citizen has to have been living with their spouse in the UK before DCF is an option? And do they need to be a permanent resident of the UK, or just temporary?

Bluegrass Lass

I'm fairly certain I know of a couple who did the following,but not sure what their timeline was like. And I haven't heard anything from them in a long time - not sure which forum I saw them on either.

They got married here in the US, then applied for a Settlement/Spouse Visa for the USC. I think this can automatically give the USC spouse Indefinite Leave to Remain (PR status). After they entered the UK, they filed the I-130 for the UKC, but I don't know how long they waited to apply for it. Given that it only takes a day to get a Settlement Visa, I'm sure they weren't separated after marriage, because I seem to remember them flying to the UK immediately thereafter. I believe in the end, it worked out for them just fine.

Only bad thing about this is that it is more expensive this way in terms of fees that are payed. A Settlement Visa, last I checked, was around $400, then flying to UK, filing I-130 (filing fee for that is ??), and then the medical and then the actual visa itself. And of course, the USC will probably find it mighty hard to work during this time at their US job, if he/she still has one. I wonder, if the USC has to remain in the UK during the time period they are waiting for the interview? If not, they could return to the US fairly quickly.

Jamie

Caligirl4ever

Hi Board,

I am a USC married to a UKC living in Winchester, England. I am pursuing the DCF process.

Per the url below, the petitioner's (which is me) must have the leave to remain stamp in ones passport. Which is the marriage visa. As long as you have the marraige visa and you are living in the UK you can pursue the DCF here.

http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

I have not been employed for at least a year now, been here on a visitor visa --> fiance visa --> and now the marraige visa. What I have to qualify for the affadavit is my past 3 years of tax return showing income status and assets along with my dh's assets. Assets are the equity in our house in Winchester (house in the US will not be accepted), 401K, stock and savings.

Good Luck to all!

Warmly,
Terese

meauxna

Terese, you may want to confirm the US house equity (if you need it). I know what London's website says, but double check. Many, including myself, have used US home equity for the I-864. My DCF experiences relating to this are archived in July/Aug of 2002. I used similar assets to yours, and was also unemployed/living abroad at the time of filing.

Caligirl4ever

Thank you Meauxna for your reply.

My dh has a very good job in UK can I use his employment towards the affadavit? And include his employement on the I-864A affadavit to support form?

Warmly,
Terese

anyone4tea

I took a look into this - and theoretically it is possible to do DCF. However, the USCIS takes into account how long the US spouse has been in the UK. If it's less than a few months, the spouse would *have* to file in the US and DCF isn't possible.

Even if there is a "leave to remain" stamp in the USC's passport, they need you to have *lived* in the UK - at least for a few months.

Kath

meauxna

Terese, if your husband's income will not follow him, it will not count per se. However, if you've been living together +6 months, your income/assets are counted as 'joint'. This income or asset total goes under 'household income' on the I-864. The -A comes up every week or so with different results. I turned one in in order to use my alien spouse's income/assets. My thought is that there's not much to that supplement, fill it in and take it will. If you are asked for it, you have it.

Additionally, showing his current income demonstrates his earning potential, which the CO will be interested in. Some people have found that having the alien breadwinner's resume available to show at the interview is useful in making their case.

In our case, my husband's income *did* follow him to the US, so we could count it.

To Kath/anyone4tea, I'm not sure that USCIS has anything to say regarding who can file where overseas. Typically the Consul makes that decision (with a few exceptions, usually higher-risk posts).

Caligirl4ever

WOW Meauxna,


Thanks so much for your quick reply.

That's fantastic news! My dh rec'd his offer letter from IBM in San Jose, CA. He currently works with IBM UK.

I've mailed off the DS-230 part 1 to the embassy last week awaiting a reply from them. The embassy charged my credit card for the petition and sent me back a request for a long form birth certificate which I mailed back yesterday. So I'm hoping to receive a notice in the mail that my petition has finally been approved.

So I guess I'll sit on my hands waiting to receive something in the post (mail). I have all the docs ready for the interview..hurray...I assume the embassy will mail me the DS-2001 check list.

The difficulties I'm having now is when to sell all this stuff I have in the house...We've put the house up on the market three weeks ago so I sure hope it sells quickly..wow what a task this all is!

Thanks again,
Terese