Michelle.Moir

I asked this question a long time ago but I didn't act on it and I am not
entirely sure what the procedure is for DCF in London ?

My fiancé works and lives in Michigan , USA and if there were a quicker way
to be with him rather than sit this dam ridiculous wait out with Nebraska
then we would do it !
I'd like to know what needs to be done for DCF and how long would he have
to come stay in UK ?

Anyone been through it ?

Thanks in advance for any info

Michelle & Herb
NOA1 21st April 2003 ( we are on day 201)
NOA2.....Dam Nebraska !!!!!!!

meauxna

Michelle, London requires that Herb move to the UK with something other than a tourist visa. From reading here, I believe the easiest version of that to get is a spouse visa at the British Consulate in the US (after you are married). He would then need to spend 'some' time in the UK. That amount of time is debatable (ie no one has a set answer). While not required that you marry in the US, it is faster than in the UK and the entry permit must be obtained in the US. As with most things, DCF is faster, but may cost more money (when both parties are not resident abroad).

Michelle.Moir

Thanks for the replies but I was hoping I could get a bit more info on this
DCF.
While Herb is an USC and lives and works in Michigan does this mean he
cannot do DCF London ?
I'm sorry but I'm still confused as I still have not got the puzzle
together ??????

Michelle & Herb...desperately need to be together !


"meauxna" <member@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Michelle.Moir
    > > I asked this question a long time ago but I didn't act on it and
    > > I am not
    > > entirely sure what the procedure is for DCF in London ?
    > >
    > > My fiancé works and lives in Michigan , USA and if there were a
    > > quicker way
    > > to be with him rather than sit this dam ridiculous wait out with
    > > Nebraska
    > > then we would do it !
    > > I'd like to know what needs to be done for DCF and how long
    > > would he have
    > > to come stay in UK ?
    > >
    > > Anyone been through it ?
    > >
    > > Thanks in advance for any info
    > >
    > > Michelle & Herb
    > > NOA1 21st April 2003 ( we are on day 201)
    > > NOA2.....Dam Nebraska !!!!!!!
    > Michelle, London requires that Herb move to the UK with something other
    > than a tourist visa. From reading here, I believe the easiest version
    > of that to get is a spouse visa at the British Consulate in the US
    > (after you are married). He would then need to spend 'some' time in the
    > UK. That amount of time is debatable (ie no one has a set answer).
    > While not required that you marry in the US, it is faster than in the
    > UK and the entry permit must be obtained in the US. As with most
    > things, DCF is faster, but may cost more money (when both parties are
    > not resident abroad).
    > --
    > Posted via http://britishexpats.com

katooli

Hi,

How I understand it, he cannot do DCF while resident in the US. The process for DCF requires the USC be *resident* in the UK at the time of filing...ie having entered the UK with a settlement visa.

Most people seem to go this route by getting married in the States, enter the UK with a spouse visa (takes one day to get at a British consulate), and then file once in the UK. Alternately, the US citizen obtains a fiance visa for the UK (again, ONE DAY to get at a British consulate - hard to believe) and marries in the UK. After the wedding, the USC must get their Further Leave to Remain in the UK. I think this is what establishes residency, as far as DCF is concerned. My fiance and I are going to go this route in February.

Anyways, I could be wrong, but this is how I understand it from the research I've done so far.

-kate

CharlieS

From what I've been led to believe by reading posts on here, the "Further leave to remain" can be applied for in person and received the same day.

meauxna

True, for a *married* couple and from *in* the US.

Michelle is neither at the moment.

CharlieS

OK, after a lot of searching I finally found this thread (i knew I had read somewhere) about FLR in the UK and being able to get it the same day as you apply once you are married.

http://britishexpats.com/forum/showt...ght=dcf+london

katooli

There's a very helpful FAQ about the fiance visa process, as well as obtaining FLR and ILR:

http://www.overthepond.info/ukguide/faq.html#fiance

Also, the American Exapts in Britain forum is very helpful:

http://www.americanexpats.co.uk/cgi-bin/yabb/YaBB.pl

You can obtain your FLR the day after your wedding if you get in line in Croydon early enough! Not a very romantic honeymoon, but it's got to be done sometime

Kocourkov

Katooli is on the ball.

The UK rules are much better than the ones in Holland (which has voted for the US way of doing things, and people are actually leaving the country for a few months to get around the idiotic system that has evolved).

Personally it sounds like you may be able to jump the queue and set up legal residency for him while he is still in the US. Then take that paperwork and go for a DCF in London. (He could still be 'winding up his affairs in Michigan'....) Then you simply move to the US with the DCF and have saved much time and aggravation dealing with the immigration chimps in the US while waiting in UK for them to get their act together.

What you need is the paper and then you get other pieces of paper that get you what you want, n'est pas?


Josef, Amsterdam

Kath

Can I throw something into this thread - just a couple of thoughts.

What happens if the USC comes to the UK on a standard visa waiver,
gets married "on the spur of the moment" and then returns - with their
new wife/husband.

What would happen?

Is the the acquisition of a marriage certificate in the UK dependent
on the USC having a 'correct' visa or having residence?

Thanks, Kath

Andy Platt

"Kath" <[email protected]> wrote in message
news:[email protected]...
    > Can I throw something into this thread - just a couple of thoughts.
    > What happens if the USC comes to the UK on a standard visa waiver,
    > gets married "on the spur of the moment" and then returns - with their
    > new wife/husband.
    > What would happen?

The non-US spouse won't be allowed on the plane without a return ticket.
Even with a return ticket they may well get turned away when trying to enter
the US because they could be ruled to have immigrant intent.

    > Is the the acquisition of a marriage certificate in the UK dependent
    > on the USC having a 'correct' visa or having residence?

No. There are requirements you have to meet but your immigration status is
totally irrelevant. The same is true in the US - the marriage laws are
mostly defined by the state (I say mostly because federal law discriminates
against certain unions - namely same-sex ones) but they do not explicitly
take into account any legal basis for being there.

Andy.

--
I'm not really here - it's just your warped imagination.

rogerpenycate

[QUOTE]Originally posted by Michelle.Moir
Thanks for the replies but I was hoping I could get a bit more info on this
DCF.
While Herb is an USC and lives and works in Michigan does this mean he
cannot do DCF London ?
I'm sorry but I'm still confused as I still have not got the puzzle
together ??????

Michelle & Herb...desperately need to be together !


As Meauxna stated, you can only do a DCF in London if the USC has UK residency. My wife and I married in the States and she went to the British Embassy in DC and got a residency visa.
I believe that it doesn't matter how long one has been a resident in the UK as long as you have that residency, however I'm not 100 % sure.
When we decided to move back over to the US, we HAD to file the DCF in London whilst my wife was still in the UK.
Once it was filed she was free to come back here to "set up domicile" which helped us with the application as she had already set up residence, bought a car, got a job etc ready for me to come over.
It meant we were apart for longer than need be, but 15 months later and in hindsite it was worth the wait.
I got a hell of a snog when I arrived at Dulles airport, last August.

Good luck

NC Penguin

In addition, unlike in the US, it's my understanding that someone entering as a single person in the UK then marrying in the UK cannot adjust status to a spousal visa within the UK. The non UKC has to leave the UK to adjust.




NC Penguin

CharlieS

LOL, what a great ending to a very informative post, thankyou!

katooli

UNLESS they've entered with a fiance visa!

Ok, have we covered all the bases?