DDL

I am American; my husband-to-be is British. I'm living with him in London as a tourist, but will have a Fiance Visa in July. As soon as we are married, we are going to file for his US Visa via DCF at the US Embassy in London.

I've been to the Embassy's London website, but am looking for people who have had direct experience with DCF filing through London.

Do I understand the process correctly in that we 1) file the I-130 directly with London, then 2) they send us a packet containing other forms that we complete and return, and then 3) we await information from them regarding scheduling the medical exam and personal interview?

Folinskyinla

Hi:

I tend to be pedantic on this and say there is no "Direct Consular Filing" in London in the sense that the "Consular Section" has nothing to do with the I-130 -- but there is a Department of Homeland Security Office in London and THEY do the I-130 and then the send it "down the hall" so to speak to the Consular Section for visa processing.

That said, I find your post confusing. You make reference to a "Fiance Visa"? Are you referring to a BRITISH visa to allow you to take up lawful BRITISH residence? For London DHS to take the I-130, the US Spouse must be lawfully RESIDENT in the UK.

Please clarify.

mcjimbo

This might provide some clarity for you on the DCF:

http://www.kamya.com/intro/dcf.html

DDL

Yes, Fiance Visa. I will be returning with my fiance to live with him in London.

Roland Perry

In message <[email protected]>, DDL
<member19635@british_expats.com> writes
    >I am American; my husband-to-be is British. I'm living with him in
    >London as a tourist, but will have a Fiance Visa in July.

If that's a fiancee visa for you, will it allow *permanent* residency in
the UK? As I understand it, this is needed for you to be able to DCF in
London. Please be very sure when you answer this!

    >Do I understand the process correctly in that we 1)
    >file the I-130 directly with London, then 2) they send us a packet
    >containing other forms that we complete and return, and then 3) we await
    >information from them regarding scheduling the medical exam and personal
    >interview?

If you qualify, yes. The entire process will probably take about 5
months, but you may speed it up if you pre-prepare all the things you
need at stage 2; the main potential troublemakers being your last 3
years tax forms and his police record.
--
Roland Perry

DDL

We won't be able to begin the DCF process until after we are married and I have received FLR. I've heard DCF reports of 2-3 months if, like you said, one is prepared ... which we will be. We're both Virgo's! :

Police record should be no problem because he has no criminal record. My last 3 year's tax returns are indeed a potential "troublemaker" because I've not worked for the last 3 years. I've worked all my life as a Legal Secretary and semi-retired several years ago to babysit my newborn grandchild/grandchildren. I'm only 49 years old and plan on returning to the workforce once we're back in the states ... but for immigration purposes, we're going to have to get a co-sponsor on the Affidavit of Support. :-(

Cheers for your feedback.

Mrtravelkay

DDL wrote:

    > I am American; my husband-to-be is British. I'm living with him in
    > London as a tourist, but will have a Fiance Visa in July. As soon as we
    > are married, we are going to file for his US Visa via DCF at the US
    > Embassy in London.
    >
    > I've been to the Embassy's London website, but am
    > looking for people who have had direct experience with DCF filing
    > through London.

If you are there as a tourist, you can't do it.

DDL

Right, I understand that - I can legally marry in the UK as a tourist, but I cannot change my status. However, next month when I'm in the states I am obtaining a UK Fiance Visa and will return to London to live. Then, between now and the end of the year when we *do* marry (remembering that I will be in the country at that time on a Fiance Visa) - I will change my status via the FLR(M) form and receive the FLR stamp in my passport. It is at that point we will begin DCF.

Roland Perry

In message <[email protected]>, DDL
<member19635@british_expats.com> writes
    >Police record should be no problem because he has no criminal record.

The length of time it takes to get the police record has nothing to do
with the number of entries on it!

    > My last 3 year's tax returns are indeed a potential "troublemaker"
    >because I've not worked for the last 3 years.

I hope you've been filing returns with lots of "zeros" on them.
--
Roland Perry

Roland Perry

In message <[email protected]>, DDL
<member19635@british_expats.com> writes
    >Right, I understand that - I can
    >legally marry in the UK as a tourist, but I cannot change my status.
    >However, next month when I'm in the states I am obtaining a UK Fiance
    >Visa and will return to London to live. Then, between now and the end of
    >the year when we *do* marry (remembering that I will be in the country
    >at that time on a Fiance Visa) - I will change my status via the FLR(M)
    >form and receive the FLR stamp in my passport. It is at that point we
    >will begin DCF.

My question to you is: have you checked that the status after FLM(M) is
sufficient for applying for DCF. Or will you have to wait 2 years and
apply for SET(M) - indefinite leave to remain.
--
Roland Perry

DDL

Don't need to file - no income, no tax return necessary.

DDL

The Embassy's London website says that they accept [DCF] Petitions if the petitioner (U.S. Citizen, that's me) is presently residing in the United Kingdom. Proof of residence may be in the form of, among other things listed on their website, "photocopy of the leave to remain stamp in the petitoner's passport."

It does not specify FLR or ILR, although your post has me concerned so I will have to get it clarified.

Roland Perry

In message <[email protected]>, DDL
<member19635@british_expats.com> writes
    >Don't need to file - no income, no tax return necessary.

If you say so. What I've been told is that you do need to file, just to
prove you have no income, rather than having disappeared into the black
economy.
--
Roland Perry

Roland Perry

In message <[email protected]>, DDL
<member19635@british_expats.com> writes
    >The
    >Embassy's London website says that they accept [DCF] Petitions if the
    >petitioner (U.S. Citizen, that's me) is presently residing in the United
    >Kingdom. Proof of residence may be in the form of, among other things
    >listed on their website, "photocopy of the leave to remain stamp in the
    >petitoner's passport."

Yes, after I posted my previous message, I went and checked the
Embassy's website one more time.

    >It does not specify FLR or ILR, although your
    >post has me concerned so I will have to get it clarified.

The rules, and documentation, for immigration into the UK, has changed
at lot in the last year. This is mainly to do with making sure that
immigrants only work if they have specific permission to do so.

Previously, if settling in the UK with spouse, you'd have got the
following stamp to start off with:

"Leave to enter for twelve months"

(Which distinguishes you from a 6-month tourist).

And then after 12 months probation and a visit to Croydon (the
immigration office) permanent confirmation by a simple stamp:

"Given leave to enter the UK for an indefinite period".

The rules now seem to have extended the 12 month probation period to 2
years, introduced Residence Cards for some aliens plus a whole new range
of stamping possibilities. See Appendix D of the document below !

http://www.ind.homeoffice.gov.uk/fil...ance_final.pdf
--
Roland Perry

L D Jones

Roland Perry wrote:
    >
    > In message <[email protected]>, DDL
    > <member19635@british_expats.com> writes
    > >Right, I understand that - I can
    > >legally marry in the UK as a tourist, but I cannot change my status.
    > >However, next month when I'm in the states I am obtaining a UK Fiance
    > >Visa and will return to London to live. Then, between now and the end of
    > >the year when we *do* marry (remembering that I will be in the country
    > >at that time on a Fiance Visa) - I will change my status via the FLR(M)
    > >form and receive the FLR stamp in my passport. It is at that point we
    > >will begin DCF.
    >
    > My question to you is: have you checked that the status after FLM(M) is
    > sufficient for applying for DCF. Or will you have to wait 2 years and
    > apply for SET(M) - indefinite leave to remain.

ILR via STE(M) is not strictly required, at least in my experience
(though I did DCF while holding a UK work permit, not fiance status).