Riz

I'm an Indian citizen (working in the UK on a work permit) and my fiancee is a US citizen. We are planning to get married in India soon.

I have heard about the DCF route and wanted to find out if we would be able to use it instead of filing the I-130 in US.

- From what I have heard, DCF in Delhi requires that the US citizen should have resided in India for the past 60 days at the time of filing the I-130. Are there any similar residency requirements for the Indian citizen as well? I still pay taxes in India but have been working in UK since last few years .. would that be an issue?

- Also, would it be worth attempting a DCF in London instead? Coz from what I understand DCF in London requires a leave to remain stamp. As a dependent of a work permit holder my fiancee would be able to get a limited leave to remain in UK after marriage. Has anyone here tried to do a DCF in London recently on a limited leave to remain?

- If DCF does not work for us, would I have to do the K3 via US Embassy in India if the marriage took place in India.. or would I be able to do it via London?

Any help would be highly appreciated.

Thanks in advance!

Riz

Folinskyinla

Hi:

On your K-3 question, the visa application must take place where the MARRIAGE took place. It is an anomaly in the visa process mandated by the statute.

meauxna

Reports from London this past 6 months show that a newly acquired LLR stamp is not sufficient for filing DCF in London. Petitions are sent back with instructions to submit in the US.

As for India, your best bet would be to inquire directly with USCIS Delhi and ask them about your particular situation, noting that you have been temporarily abroad in the UK but maintained (insert whatever) ties to India.

In fact, the US citizen might have better results when calling, but it won't hurt if both of you do.

Riz

Thanks Folinskyinla/Meauxna for your help!

So DCF London being out of picture.. or next step is to inquire with USCIS Delhi if they would accept our application.

If that doesn’t work and we did have to go the K3 route I would prefer if we could do it via US Embassy in London than India. In that case if we do a civil marriage in UK and later go to India for the traditional Indian ceremony, could USCIS raise any issues with it while I-129F approval, on grounds that the initial marriage was a small affair?

Also, does any one know the exact procedure for a US citizen to get married in the UK..does she require a fiancee visa? Has any US citizen here recently got a certificate of approval for marriage from the UK Home Office, while they had entered the UK as a visitor without a prior visa?

Any help appreciated!

Cheers
Riz

meauxna

Riz,
One confusion I had when starting out was thinking that the K3 was THE "spouse visa", which is not actually so. K3s are not given priority processing now (you can read out and about 'why', but it's for your own good, really ).

If Delhi will not take your case, you can marry in the UK, your USC spouse files the I-130 to the appropriate US Service Center and your new spouse will leave the UK per the terms of their current status (I believe you can not adjust status in the UK based on marriage w/o the correct entry). You remain in the UK and follow your Immigrant Visa (CR-1) application through in London and enter the US when complete.
While you are waiting, you both may travel to India and have your traditional marriage ceremony.

IF the USC lives in a Service Center region that is particularly slow with I-130s, there may be benefit in filing the I-129f and pursuing the eventual K3, but only if you are itching to get to the US and the K3 can get you here faster. You will not have the automatic work permission that comes with the Immigrant Visa CR-1.
The size of your wedding should not impact a London filing; there are stories that small weddings do not have an easy journey ini the Indian Consulates, where they are more accustomed to traditional Indian ceremonies.

Riz

Thanks for the clarification, Meauxna...I see your point about only going by the I-130 route through the Service Centre in US.

Infact I was also was checking the processing time at Texas Service Centre at https://egov.immigration.gov and surprisingly they are currently processing the I-130 and I-129F which where filed on the same date, 7 months back! So doesn't look like I-129F is going to be any faster. Not sure if the site is correctly updated though...anyone knows how reliable data on the USCIS site is?

And, from the site California Service Centre looks a lot quicker .. does anyone know what are the residency requirements u need to meet for a particular service centre to accept your application? If someone from Texas is temporarily living in California, does he/she qualify to file via California Service Centre?

Just something else I was wondering...while the alien spouse is following his Immigrant Visa (say CR-1 or K-3, whichever) from outside the US, can the USC spouse be living with him outside the US.. or is there any requirement that she has to be in the US?

Cheers,
Riz