DCF London 1-130 questions and where to begin?!
Jun 23rd 2008, 6:50 am
#1
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Thread Starter
Joined: Jun 2008
Posts: 59
DCF London 1-130 questions and where to begin?!
Hi there,
I am a British citizen living in NY on a media I-Visa. (I work for a London based magazine as their NY gal). I go back to London fairly frequently.
I recently got married to my boyfriend (US citizen, born and raised!) of 3 years, and we are trying to sort through Greencard info and just get an idea of how to get one as soon as possible really! I have a lot of freedom on my current visa, but it does mean I cannot work for another company. He lives in NY with me, although we initially met in London through a friend of mine.
SO - I spoke to an immigration attorney, who said, it would be quicker to go through Direct Consular Filing in London. I did some research, and this all looks good, accept, my husband does not live in the UK currently. Apparently we need Proof of the Petitioner's residence in the UK. He has various London stamps in his passport from before. (Leave to Enter for Six Months: Employment and Recourse to Public Funds Prohibited). I have photocopied these.
Can we still apply? I have a London address where I stay with my brother when I am in town, so can we use this and do the DCF? I find it all a bit confusing. I emailed the London Consulate and they were fairly unhelpful, directing me to a webpage on DCF-ing and not answering my specific questions.
Shall I try submitting it all to London? I even got a friend to send me some british first class stamps to put on the SAE needed, so we are just about good to go!
Also, what can we expect from the process? If they accept the I-130 what then? Can anyone tell me what to expect?
Thank you so much in advance.
I am a British citizen living in NY on a media I-Visa. (I work for a London based magazine as their NY gal). I go back to London fairly frequently.
I recently got married to my boyfriend (US citizen, born and raised!) of 3 years, and we are trying to sort through Greencard info and just get an idea of how to get one as soon as possible really! I have a lot of freedom on my current visa, but it does mean I cannot work for another company. He lives in NY with me, although we initially met in London through a friend of mine.
SO - I spoke to an immigration attorney, who said, it would be quicker to go through Direct Consular Filing in London. I did some research, and this all looks good, accept, my husband does not live in the UK currently. Apparently we need Proof of the Petitioner's residence in the UK. He has various London stamps in his passport from before. (Leave to Enter for Six Months: Employment and Recourse to Public Funds Prohibited). I have photocopied these.
Can we still apply? I have a London address where I stay with my brother when I am in town, so can we use this and do the DCF? I find it all a bit confusing. I emailed the London Consulate and they were fairly unhelpful, directing me to a webpage on DCF-ing and not answering my specific questions.
Shall I try submitting it all to London? I even got a friend to send me some british first class stamps to put on the SAE needed, so we are just about good to go!
Also, what can we expect from the process? If they accept the I-130 what then? Can anyone tell me what to expect?
Thank you so much in advance.
Jun 23rd 2008, 7:00 am
#2
Joined: Apr 2002
Posts: 35,082
Re: DCF London 1-130 questions and where to begin?!
Hi there,
I am a British citizen living in NY on a media I-Visa. (I work for a London based magazine as their NY gal). I go back to London fairly frequently.
I recently got married to my boyfriend (US citizen, born and raised!) of 3 years, and we are trying to sort through Greencard info and just get an idea of how to get one as soon as possible really! I have a lot of freedom on my current visa, but it does mean I cannot work for another company. He lives in NY with me, although we initially met in London through a friend of mine.
SO - I spoke to an immigration attorney, who said, it would be quicker to go through Direct Consular Filing in London. I did some research, and this all looks good, accept, my husband does not live in the UK currently. Apparently we need Proof of the Petitioner's residence in the UK. He has various London stamps in his passport from before. (Leave to Enter for Six Months: Employment and Recourse to Public Funds Prohibited). I have photocopied these.
Can we still apply? I have a London address where I stay with my brother when I am in town, so can we use this and do the DCF? I find it all a bit confusing. I emailed the London Consulate and they were fairly unhelpful, directing me to a webpage on DCF-ing and not answering my specific questions.
Shall I try submitting it all to London? I even got a friend to send me some british first class stamps to put on the SAE needed, so we are just about good to go!
Also, what can we expect from the process? If they accept the I-130 what then? Can anyone tell me what to expect?
Thank you so much in advance.
I am a British citizen living in NY on a media I-Visa. (I work for a London based magazine as their NY gal). I go back to London fairly frequently.
I recently got married to my boyfriend (US citizen, born and raised!) of 3 years, and we are trying to sort through Greencard info and just get an idea of how to get one as soon as possible really! I have a lot of freedom on my current visa, but it does mean I cannot work for another company. He lives in NY with me, although we initially met in London through a friend of mine.
SO - I spoke to an immigration attorney, who said, it would be quicker to go through Direct Consular Filing in London. I did some research, and this all looks good, accept, my husband does not live in the UK currently. Apparently we need Proof of the Petitioner's residence in the UK. He has various London stamps in his passport from before. (Leave to Enter for Six Months: Employment and Recourse to Public Funds Prohibited). I have photocopied these.
Can we still apply? I have a London address where I stay with my brother when I am in town, so can we use this and do the DCF? I find it all a bit confusing. I emailed the London Consulate and they were fairly unhelpful, directing me to a webpage on DCF-ing and not answering my specific questions.
Shall I try submitting it all to London? I even got a friend to send me some british first class stamps to put on the SAE needed, so we are just about good to go!
Also, what can we expect from the process? If they accept the I-130 what then? Can anyone tell me what to expect?
Thank you so much in advance.
Your US citizen MUST live in the UK for a minimum of 6 months on the appropriate visa to have his I-130 accepted in London.
What did the lawyer say about you filing to Adjust Status from inside the US? That is the normal course of events for someone in your shoes, and it's much faster than DCF. I think you got some old info, but I'd like to see what he said about filing I-130 and I-485 in the US.
Jun 23rd 2008, 7:10 am
#3
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: DCF London 1-130 questions and where to begin?!
heheh.. A Well Intentioned lawyer, but DCF is a total no-go for you two.
Your US citizen MUST live in the UK for a minimum of 6 months on the appropriate visa to have his I-130 accepted in London.
What did the lawyer say about you filing to Adjust Status from inside the US? That is the normal course of events for someone in your shoes, and it's much faster than DCF. I think you got some old info, but I'd like to see what he said about filing I-130 and I-485 in the US.
Your US citizen MUST live in the UK for a minimum of 6 months on the appropriate visa to have his I-130 accepted in London.
What did the lawyer say about you filing to Adjust Status from inside the US? That is the normal course of events for someone in your shoes, and it's much faster than DCF. I think you got some old info, but I'd like to see what he said about filing I-130 and I-485 in the US.
Go to www.uscis.gov, Immigration Forms, and look up:
I-130
I-485
G-325A
I-864
I-765
I-131
You'll also need a full medical done by an approved USCIS civil surgeon.
Best Wishes,
Rene
Jun 23rd 2008, 7:18 am
#4
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Location: Kentucky
Posts: 38,865
Re: DCF London 1-130 questions and where to begin?!
Your lawyer is an idiot. You are already in the US... go ahead and file for adjustment now with the forms that Rene listed.
Some caveats... you can stay working for your I-visa sponsor if you want, marriage shouldn't affect that. When you get your EAD (remember, Google is your friend), you can get another job if you want. Once you take another job, you can no longer use your I-visa for travel (since you will no longer be linked to your sponsor) and must use AP! (more research!)
However, I don't see that you'll have too difficult a time with immigration, unless there are skeletons in your closet.
Ian
Some caveats... you can stay working for your I-visa sponsor if you want, marriage shouldn't affect that. When you get your EAD (remember, Google is your friend), you can get another job if you want. Once you take another job, you can no longer use your I-visa for travel (since you will no longer be linked to your sponsor) and must use AP! (more research!
)However, I don't see that you'll have too difficult a time with immigration, unless there are skeletons in your closet.
Ian
Jun 23rd 2008, 7:30 am
#6
Forum Regular
Thread Starter
Joined: Jun 2008
Posts: 59
Re: DCF London 1-130 questions and where to begin?!
heheh.. A Well Intentioned lawyer, but DCF is a total no-go for you two.
Your US citizen MUST live in the UK for a minimum of 6 months on the appropriate visa to have his I-130 accepted in London.
What did the lawyer say about you filing to Adjust Status from inside the US? That is the normal course of events for someone in your shoes, and it's much faster than DCF. I think you got some old info, but I'd like to see what he said about filing I-130 and I-485 in the US.
Your US citizen MUST live in the UK for a minimum of 6 months on the appropriate visa to have his I-130 accepted in London.
What did the lawyer say about you filing to Adjust Status from inside the US? That is the normal course of events for someone in your shoes, and it's much faster than DCF. I think you got some old info, but I'd like to see what he said about filing I-130 and I-485 in the US.
Originally he said that we could file the I-130 in the US, but it would take much longer than the 6 months or so (he said) DCF would take.
So - I need to file in the US then? any ideas on how long that process might take? I'm going to read up on the info Rene is pointing me to.
Thanks!
Jun 23rd 2008, 7:36 am
#7
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Joined: Feb 2008
Posts: 3,259
Re: DCF London 1-130 questions and where to begin?!
The London Embassy can't adjudicate your case because your husband doesn't fulfill the prerequisite of legally living in the UK for 6 months on an appropriate entry visa, in order to file via DCF there.
End of.
End of.
Jun 23rd 2008, 7:36 am
#8
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Joined: Sep 2002
Posts: 16,266
Re: DCF London 1-130 questions and where to begin?!
Hi there,
I am a British citizen living in NY on a media I-Visa. (I work for a London based magazine as their NY gal). I go back to London fairly frequently.
I recently got married to my boyfriend (US citizen, born and raised!) of 3 years, and we are trying to sort through Greencard info and just get an idea of how to get one as soon as possible really! I have a lot of freedom on my current visa, but it does mean I cannot work for another company. He lives in NY with me, although we initially met in London through a friend of mine.
SO - I spoke to an immigration attorney, who said, it would be quicker to go through Direct Consular Filing in London. I did some research, and this all looks good, accept, my husband does not live in the UK currently. Apparently we need Proof of the Petitioner's residence in the UK. He has various London stamps in his passport from before. (Leave to Enter for Six Months: Employment and Recourse to Public Funds Prohibited). I have photocopied these.
Can we still apply? I have a London address where I stay with my brother when I am in town, so can we use this and do the DCF? I find it all a bit confusing. I emailed the London Consulate and they were fairly unhelpful, directing me to a webpage on DCF-ing and not answering my specific questions.
Shall I try submitting it all to London? I even got a friend to send me some british first class stamps to put on the SAE needed, so we are just about good to go!
Also, what can we expect from the process? If they accept the I-130 what then? Can anyone tell me what to expect?
Thank you so much in advance.
I am a British citizen living in NY on a media I-Visa. (I work for a London based magazine as their NY gal). I go back to London fairly frequently.
I recently got married to my boyfriend (US citizen, born and raised!) of 3 years, and we are trying to sort through Greencard info and just get an idea of how to get one as soon as possible really! I have a lot of freedom on my current visa, but it does mean I cannot work for another company. He lives in NY with me, although we initially met in London through a friend of mine.
SO - I spoke to an immigration attorney, who said, it would be quicker to go through Direct Consular Filing in London. I did some research, and this all looks good, accept, my husband does not live in the UK currently. Apparently we need Proof of the Petitioner's residence in the UK. He has various London stamps in his passport from before. (Leave to Enter for Six Months: Employment and Recourse to Public Funds Prohibited). I have photocopied these.
Can we still apply? I have a London address where I stay with my brother when I am in town, so can we use this and do the DCF? I find it all a bit confusing. I emailed the London Consulate and they were fairly unhelpful, directing me to a webpage on DCF-ing and not answering my specific questions.
Shall I try submitting it all to London? I even got a friend to send me some british first class stamps to put on the SAE needed, so we are just about good to go!
Also, what can we expect from the process? If they accept the I-130 what then? Can anyone tell me what to expect?
Thank you so much in advance.
Ask the attorney why she thinks that LND processing is the way to go. [BTW, notionally speaking there is no such thing as DCF in London -- the Consulate does NOT have jurisdiction to process the I-130. That said, the DHS office in London does.]
BTW, there are several NYC immigration lawyers who do a LOT of work via LND.
Jun 23rd 2008, 7:38 am
#9
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: DCF London 1-130 questions and where to begin?!
Your lawyer is an idiot. You are already in the US... go ahead and file for adjustment now with the forms that Rene listed.
Some caveats... you can stay working for your I-visa sponsor if you want, marriage shouldn't affect that. When you get your EAD (remember, Google is your friend), you can get another job if you want. Once you take another job, you can no longer use your I-visa for travel (since you will no longer be linked to your sponsor) and must use AP! (more research!)
However, I don't see that you'll have too difficult a time with immigration, unless there are skeletons in your closet.
Ian
Some caveats... you can stay working for your I-visa sponsor if you want, marriage shouldn't affect that. When you get your EAD (remember, Google is your friend), you can get another job if you want. Once you take another job, you can no longer use your I-visa for travel (since you will no longer be linked to your sponsor) and must use AP! (more research!
)However, I don't see that you'll have too difficult a time with immigration, unless there are skeletons in your closet.
Ian
How judgmental. The lawyer may be mistaken, but that does not make her an "idiot." Don't conflate the two.
Jun 23rd 2008, 7:42 am
#10
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Thread Starter
Joined: Jun 2008
Posts: 59
Re: DCF London 1-130 questions and where to begin?!
Hi:
Ask the attorney why she thinks that LND processing is the way to go. [BTW, notionally speaking there is no such thing as DCF in London -- the Consulate does NOT have jurisdiction to process the I-130. That said, the DHS office in London does.]
BTW, there are several NYC immigration lawyers who do a LOT of work via LND.
Ask the attorney why she thinks that LND processing is the way to go. [BTW, notionally speaking there is no such thing as DCF in London -- the Consulate does NOT have jurisdiction to process the I-130. That said, the DHS office in London does.]
BTW, there are several NYC immigration lawyers who do a LOT of work via LND.
They told me it was quicker / easier to go through London.
Thanks for your reply!
Jun 23rd 2008, 7:47 am
#11
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: DCF London 1-130 questions and where to begin?!
You can check out processing times for your local office at www.uscis.gov, also.
Edit to add: in the meantime, while you're waiting for the interview, you have the right to live and work in the USA as you will have "pending AOS" status, and an Employment Authorization Document (EAD).
Rene
Last edited by Noorah101; Jun 23rd 2008 at 7:52 am. Reason: added info
Jun 23rd 2008, 7:54 am
#12
Joined: Apr 2002
Posts: 35,082
Re: DCF London 1-130 questions and where to begin?!
I thought (wrongly?!) that they would assess on case-by-case at the Consular... but that's fine if its just going to be a waste of time!!
Originally he said that we could file the I-130 in the US, but it would take much longer than the 6 months or so (he said) DCF would take.
So - I need to file in the US then? any ideas on how long that process might take? I'm going to read up on the info Rene is pointing me to.
Thanks!
Originally he said that we could file the I-130 in the US, but it would take much longer than the 6 months or so (he said) DCF would take.
So - I need to file in the US then? any ideas on how long that process might take? I'm going to read up on the info Rene is pointing me to.
Thanks!
Which, I should point out, has recently refused I-130 filings from USCs who have been actually living in the UK for longer than the required 6 months. While Consular Officers have some leeway for deciding to accept I-130s on humanitarian or other emergency grounds, CIS London don't appreciate pond-hoppers coming over for the speedier processing.
The posted processing date for I-485 in NYC is currently set at July 07, but reality may mean that approvals happen sooner than that.
Once you file I-485 and the attachments that go with, you can be in legal status 'pending adjustment' and get a work permit and travel document that free you from your I visa requirements and your pending app allows to you live in the US until a decision is made. Unless you have some burning need to be a Permanent Resident immediately, there should be no problem for you being in this pending status for X months.
The lawyer may have felt that DCF in London would be faster because not long ago, an AOS (Adjustment) case in NYC could regularly take 3 YEARS, and an IV case in London would take 5 months. None of that is current info.
You should definitely ask the lawyer WHY she recommended the London case, and for her to be specific (it's mostly moot now, but it would be good to know the reason).
Jun 23rd 2008, 8:03 am
#13
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Thread Starter
Joined: Jun 2008
Posts: 59
Re: DCF London 1-130 questions and where to begin?!
As MrF points out, "DCF" in London isn't really "DCF" (a Consular decision). Petitions are adjudicated by the USCIS Field Office.
Which, I should point out, has recently refused I-130 filings from USCs who have been actually living in the UK for longer than the required 6 months. While Consular Officers have some leeway for deciding to accept I-130s on humanitarian or other emergency grounds, CIS London don't appreciate pond-hoppers coming over for the speedier processing.
The posted processing date for I-485 in NYC is currently set at July 07, but reality may mean that approvals happen sooner than that.
Once you file I-485 and the attachments that go with, you can be in legal status 'pending adjustment' and get a work permit and travel document that free you from your I visa requirements and your pending app allows to you live in the US until a decision is made. Unless you have some burning need to be a Permanent Resident immediately, there should be no problem for you being in this pending status for X months.
The lawyer may have felt that DCF in London would be faster because not long ago, an AOS (Adjustment) case in NYC could regularly take 3 YEARS, and an IV case in London would take 5 months. None of that is current info.
You should definitely ask the lawyer WHY she recommended the London case, and for her to be specific (it's mostly moot now, but it would be good to know the reason).
Which, I should point out, has recently refused I-130 filings from USCs who have been actually living in the UK for longer than the required 6 months. While Consular Officers have some leeway for deciding to accept I-130s on humanitarian or other emergency grounds, CIS London don't appreciate pond-hoppers coming over for the speedier processing.
The posted processing date for I-485 in NYC is currently set at July 07, but reality may mean that approvals happen sooner than that.
Once you file I-485 and the attachments that go with, you can be in legal status 'pending adjustment' and get a work permit and travel document that free you from your I visa requirements and your pending app allows to you live in the US until a decision is made. Unless you have some burning need to be a Permanent Resident immediately, there should be no problem for you being in this pending status for X months.
The lawyer may have felt that DCF in London would be faster because not long ago, an AOS (Adjustment) case in NYC could regularly take 3 YEARS, and an IV case in London would take 5 months. None of that is current info.
You should definitely ask the lawyer WHY she recommended the London case, and for her to be specific (it's mostly moot now, but it would be good to know the reason).
pond-hopper! 
I think they thought it would be quicker, no other reason, and it would be easier. When I next talk to them, I will ask why they thought the processing in the US would take so long.
So, do I file the I-130 and the I-485 at the same time? Confused!!
Jun 23rd 2008, 8:11 am
#14
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Location: Phoenix, Arizona
Posts: 58,687
Re: DCF London 1-130 questions and where to begin?!
Thank you for your detailed reply.
pond-hopper!
I think they thought it would be quicker, no other reason, and it would be easier. When I next talk to them, I will ask why they thought the processing in the US would take so long.
So, do I file the I-130 and the I-485 at the same time? Confused!!
pond-hopper! I think they thought it would be quicker, no other reason, and it would be easier. When I next talk to them, I will ask why they thought the processing in the US would take so long.
So, do I file the I-130 and the I-485 at the same time? Confused!!
Rene
Jun 23rd 2008, 8:11 am
#15
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Posts: 16,266
Re: DCF London 1-130 questions and where to begin?!
As a further aside, the adjustment side of the CIS adjudication house is lagging right now because there is an effort to erase the backlog of naturalization applications before the fall election. Next fall, I would expect to see the processing of I-485 adjustments to speed up somewhat.
