kittygogogo

I realize that if I marry a UK spouse, I would be eligible for FLR in
two years, but with a spouse from the EU (living in UK),it will take me
FIVE years to gain FLR. Does this mean that I would need to wait five
years to apply for DCF to get my EEA spouse legal into the US?

Any insight would be helpful.

Just Jenney

If you want to apply for DCF in the UK, then you (the USC spouse) need to have indefinite leave to remain (ILR) in the UK first. I don't know how long it takes someone whose spouse is not a UK citizen to obtain ILR in the UK, but whatever it is, that's what you'd need to be able to do DCF. If that's five years, then it's five years.

However, DCF is not your only option. Going the K3 spousal visa route takes longer than filing via DCF, but only if you're eligible for DCF in the first place. I'm assuming from your questions that you aren't. Why do you have to do DCF? Why not just go the K3 route?

~ Jenney

meauxna

What Jenney said, or, consider the nationality of your future spouse. It may be faster to DCF in that country.
The particular type of visa stamp (in the UK) seems to be less important than the fact that the USC has been genuinely resident in the UK for an extended period of time (2 or so years). If a USC has not been living in the UK, the I-130 likely won't be accepted in London.

Other EU countries have more liberal policies on the USC's residency. We did our DCF in Greece in 30 days.

kittygogogo

Thanks for the quick reply. I did not really look at the K3 route as
it seems like the word is out on the DCF, and not as much on the K3
route, hence don't know as much about it.

I have looked at info for applying in Germany though and it seems as if
it is not such a long process, but am wondering if living in the UK
versus Germany will make this option obsolete? Do I need to live in the
country that I,the USC, applies in or is this just a requirement of my
spouse.

Thanks for the info, very helpful.

Jenney & Mark wrote:
    > > I realize that if I marry a UK spouse, I would be eligible for FLR in
    > > two years, but with a spouse from the EU (living in UK),it will take
    > > me
    > > FIVE years to gain FLR. Does this mean that I would need to wait five
    > > years to apply for DCF to get my EEA spouse legal into the US?
    > >
    > > Any insight would be helpful.
    > If you want to apply for DCF in the UK, then you (the USC spouse) need
    > to have indefinite leave to remain (ILR) in the UK first. I don't know
    > how long it takes someone whose spouse is not a UK citizen to obtain ILR
    > in the UK, but whatever it is, that's what you'd need to be able to do
    > DCF. If that's five years, then it's five years.
    > However, DCF is not your only option. Going the K3 spousal visa route
    > takes longer than filing via DCF, but only if you're eligible for DCF in
    > the first place. I'm assuming from your questions that you aren't. Why
    > do you have to do DCF? Why not just go the K3 route?
    >
    > ~ Jenney
    >
    > --
    > Posted via http://britishexpats.com

ian-mstm

Doesn't DCF in the UK require not only that the USC spouse have ILR, but that the (non-US) spouse be a UKC and not just an EUC? I could be wrong!

Ian

Rete

Rather doubt it. Take Meauxna for example. Her husband was a UKC and she a USC and they were both living in Greece. They DCF from the US Consulate in Greece.

scrubbedexpat099

I have seen people withn LLR get DCF London recently, 9 months seems the minimum.

Just Jenney

From my understanding, the visa itself is processed in the country where the non-USC spouse is residing. If your spouse is residing in the UK, then he would apply in the UK, even if he is German. So the location depends on where he's residing, not his country of citizenship. (If I'm wrong on this, someone will surely correct me!)

For the K3 visa, the USC spouse does NOT have to reside in the same country as the spouse. This is the very reason why many people use the K3 option.

If you haven't already, check out the following links to learn about the K3 visa process -- they're very helpful:

Step-by-Step Guide on How to File for a K-3 Visa for your Foreign Spouse

K Visa FAQ -- Sections 9.0 through 14.0

USCIS : How Do I Bring My Spouse (Husband or Wife) to Live in the United States?

~ Jenney