DCF in london..help! please
May 22nd 2003, 6:47 am
#1
Just Joined
Thread Starter
Joined: Apr 2003
Posts: 13
DCF in london..help! please
Hi all,
As you may know from my previous posting, We are intending to migrate to the U.S.A.
Here's a brief outline of our situation and a couple of questions which i hope someone can help us with.
Our son has been married to an american citizen for 5 years, he is just on the final wait for his own citizenship and then will apply for us to join them, we are in england, i have a master degree in digital media and we both intend to work once we arrive in the U.S.A.
I understand that there is something called D.C.F. (Direct Consular Filing) which, if we are able to go that route, would speed up the I130 process.
This is where we are finding ourselves stuck.
1/ Are we, as parents, eligible for the D.C.F. route?
2/ Our son has dual citizenship, or at least he will have, does this entitle him to come to England and apply via the D.C.F. method?
3/ He is concerned that he might forfeit his U.S.A. citizenship if he uses his British passport to prove residency here, is that a possibility?
4/ Does anyone actually define residency? can he just fly in for a few weeks, show his passport, or a copy, to the embassy and fly out 2 weeks later?
5/ Finally, i think, is it in order for us to use our assetts to make up the shortfall in his earnings, he has been in study and has just graduated so will now be working full time but until now has had only part time earnings and so falls, only slightly, lower than the needed level.
Thanks for any answers.
Mike.
As you may know from my previous posting, We are intending to migrate to the U.S.A.
Here's a brief outline of our situation and a couple of questions which i hope someone can help us with.
Our son has been married to an american citizen for 5 years, he is just on the final wait for his own citizenship and then will apply for us to join them, we are in england, i have a master degree in digital media and we both intend to work once we arrive in the U.S.A.
I understand that there is something called D.C.F. (Direct Consular Filing) which, if we are able to go that route, would speed up the I130 process.
This is where we are finding ourselves stuck.
1/ Are we, as parents, eligible for the D.C.F. route?
2/ Our son has dual citizenship, or at least he will have, does this entitle him to come to England and apply via the D.C.F. method?
3/ He is concerned that he might forfeit his U.S.A. citizenship if he uses his British passport to prove residency here, is that a possibility?
4/ Does anyone actually define residency? can he just fly in for a few weeks, show his passport, or a copy, to the embassy and fly out 2 weeks later?
5/ Finally, i think, is it in order for us to use our assetts to make up the shortfall in his earnings, he has been in study and has just graduated so will now be working full time but until now has had only part time earnings and so falls, only slightly, lower than the needed level.
Thanks for any answers.
Mike.
May 23rd 2003, 1:00 pm
#2
Guest
Posts: n/a
Re: DCF in london..help! please
britinlimbo wrote:
>
> Hi all,
> As you may know from my previous posting, We are intending to migrate to
> the U.S.A.
> Here's a brief outline of our situation and a couple of questions which
> i hope someone can help us with.
> Our son has been married to an american citizen for 5 years, he is just
> on the final wait for his own citizenship and then will apply for us to
> join them, we are in england, i have a master degree in digital media
> and we both intend to work once we arrive in the U.S.A.
> I understand that there is something called D.C.F. (Direct Consular
> Filing) which, if we are able to go that route, would speed up the
> I130 process.
> This is where we are finding ourselves stuck.
> 1/ Are we, as parents, eligible for the D.C.F. route?
I have only heard of DCF cases filed in London for spouses but that's
not to say it is not possible. You should contact the consulate in
London for more information.
> 3/ He is concerned that he might forfeit his U.S.A. citizenship if he
> uses his British passport to prove residency here, is that a
> possibility?
This won't happen. Both the US and the UK recognize dual citizenship.
> 4/ Does anyone actually define residency? can he just fly in for a few
> weeks, show his passport, or a copy, to the embassy and fly out 2
> weeks later?
Ask the consulate. The general residence requirements are listed here
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm
The consulate's postal address is on the bottom of the page and they
have an email address but I cannot recall what it is
> 5/ Finally, i think, is it in order for us to use our assetts to make
> up the shortfall in his earnings, he has been in study and has just
> graduated so will now be working full time but until now has had
> only part time earnings and so falls, only slightly, lower than the
> needed level.
These pages may help
http://www.usembassy.org.uk/cons_web...iv/ivindex.htm
>
> Hi all,
> As you may know from my previous posting, We are intending to migrate to
> the U.S.A.
> Here's a brief outline of our situation and a couple of questions which
> i hope someone can help us with.
> Our son has been married to an american citizen for 5 years, he is just
> on the final wait for his own citizenship and then will apply for us to
> join them, we are in england, i have a master degree in digital media
> and we both intend to work once we arrive in the U.S.A.
> I understand that there is something called D.C.F. (Direct Consular
> Filing) which, if we are able to go that route, would speed up the
> I130 process.
> This is where we are finding ourselves stuck.
> 1/ Are we, as parents, eligible for the D.C.F. route?
I have only heard of DCF cases filed in London for spouses but that's
not to say it is not possible. You should contact the consulate in
London for more information.
> 3/ He is concerned that he might forfeit his U.S.A. citizenship if he
> uses his British passport to prove residency here, is that a
> possibility?
This won't happen. Both the US and the UK recognize dual citizenship.
> 4/ Does anyone actually define residency? can he just fly in for a few
> weeks, show his passport, or a copy, to the embassy and fly out 2
> weeks later?
Ask the consulate. The general residence requirements are listed here
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm
The consulate's postal address is on the bottom of the page and they
have an email address but I cannot recall what it is
> 5/ Finally, i think, is it in order for us to use our assetts to make
> up the shortfall in his earnings, he has been in study and has just
> graduated so will now be working full time but until now has had
> only part time earnings and so falls, only slightly, lower than the
> needed level.
These pages may help
http://www.usembassy.org.uk/cons_web...iv/ivindex.htm
May 23rd 2003, 1:42 pm
#3
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: DCF in london..help! please
Originally posted by britinlimbo
Hi all,
As you may know from my previous posting, We are intending to migrate to the U.S.A.
Here's a brief outline of our situation and a couple of questions which i hope someone can help us with.
Our son has been married to an american citizen for 5 years, he is just on the final wait for his own citizenship and then will apply for us to join them, we are in england, i have a master degree in digital media and we both intend to work once we arrive in the U.S.A.
I understand that there is something called D.C.F. (Direct Consular Filing) which, if we are able to go that route, would speed up the I130 process.
This is where we are finding ourselves stuck.
1/ Are we, as parents, eligible for the D.C.F. route?
Hi all,
As you may know from my previous posting, We are intending to migrate to the U.S.A.
Here's a brief outline of our situation and a couple of questions which i hope someone can help us with.
Our son has been married to an american citizen for 5 years, he is just on the final wait for his own citizenship and then will apply for us to join them, we are in england, i have a master degree in digital media and we both intend to work once we arrive in the U.S.A.
I understand that there is something called D.C.F. (Direct Consular Filing) which, if we are able to go that route, would speed up the I130 process.
This is where we are finding ourselves stuck.
1/ Are we, as parents, eligible for the D.C.F. route?
2/ Our son has dual citizenship, or at least he will have, does this entitle him to come to England and apply via the D.C.F. method?
3/ He is concerned that he might forfeit his U.S.A. citizenship if he uses his British passport to prove residency here, is that a possibility?
4/ Does anyone actually define residency? can he just fly in for a few weeks, show his passport, or a copy, to the embassy and fly out 2 weeks later?
5/ Finally, i think, is it in order for us to use our assetts to make up the shortfall in his earnings, he has been in study and has just graduated so will now be working full time but until now has had only part time earnings and so falls, only slightly, lower than the needed level.
Thanks for any answers.
Mike.
Thanks for any answers.
Mike.
I believe that he can also include the income of any members of his household and this works cumulatively with his own. They have to consent to this and submit a supplemental form. So, if his spouse works this could make up the difference.
Certainly is good advice though to contact the embassy though and have a chat with them.
Last edited by lairdside; May 23rd 2003 at 1:52 pm.
May 23rd 2003, 1:54 pm
#4
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Here's some info from the BCIS about the requirements of the I-864. Consulates do have discretion I understand as they assess your circumstances, not just the monetray requirements. It gives some insight though:
If you cannot meet the minimum income requirements using your earned income, you have various options:
You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
Example for a household size of 4:
125 percent of 2003 poverty guideline
$23,000
sponsor's income
$18,000
Difference
$5,000
Multiply by 5
x 5
Minimum Required Cash Value of Assets
$25,000
You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
You may count the assets of the relatives you are sponsoring.
http://www.immigration.gov/graphics/howdoi/affsupp.htm
If you cannot meet the minimum income requirements using your earned income, you have various options:
You may add the cash value of your assets such as money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract your household income from the minimum income requirement (125 percent of the poverty level for your family size). You must prove the cash value of your assets is worth five times this difference (the amount left over).
Example for a household size of 4:
125 percent of 2003 poverty guideline
$23,000
sponsor's income
$18,000
Difference
$5,000
Multiply by 5
x 5
Minimum Required Cash Value of Assets
$25,000
You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
You may count the assets of the relatives you are sponsoring.
http://www.immigration.gov/graphics/howdoi/affsupp.htm
May 24th 2003, 1:33 am
#5
Just Joined
Thread Starter
Joined: Apr 2003
Posts: 13
thank you
thank you to all of you, it has set our minds at rest..until we think of something else and start to worry again
i'll keep you all posted of our progress in case it is of use to others.
i'll keep you all posted of our progress in case it is of use to others.
May 26th 2003, 12:00 pm
#6
Guest
Posts: n/a
Re: DCF in london..help! please
On Sat, 24 May 2003 13:33:06 +0000, britinlimbo
wrote:
>thank you to all of you, it has set our minds at rest..until we think of
>something else and start to worry again
>i'll keep you all posted of our progress in case it is of use to others.
Yes, please do! Our situation is almost exactly the same as yours,
except that I am the wife of the USC-to-be, and the parents involved
are retired. I didn't know about DCF until I found your original post
via a google search. It looks like it might be an ideal option; we
were told it by the BCIS was a 5-year wait for the I-130, and we
weren't fond about the idea of skirting the law in getting them here
otherwise.
I can't wait to be done with the INS /BCIS.
Betsey
wrote:
>thank you to all of you, it has set our minds at rest..until we think of
>something else and start to worry again
>i'll keep you all posted of our progress in case it is of use to others.
Yes, please do! Our situation is almost exactly the same as yours,
except that I am the wife of the USC-to-be, and the parents involved
are retired. I didn't know about DCF until I found your original post
via a google search. It looks like it might be an ideal option; we
were told it by the BCIS was a 5-year wait for the I-130, and we
weren't fond about the idea of skirting the law in getting them here
otherwise.
I can't wait to be done with the INS /BCIS.
Betsey
Jan 27th 2004, 3:23 am
#7
Just Joined
Joined: Jan 2004
Posts: 19
Re: DCF in london..help! please
ive not got the hang of this site but i was wondering if i live in England and my girlfriend lives in the U.S. at the moment we will be getting married in May and were wondering if we could go for direct consular filing in the US embassy in London. please does anyone know if we can do this we were living together in london but her work permit application was denied so we have decided to move to the states - PLEASE HELP US we will be really grateful if anyone could shed some light on this - Thanks
Jan 27th 2004, 5:22 am
#8
Guest
Posts: n/a
Re: DCF in london..help! please
gttravel wrote:
>
> ive not got the hang of this site but i was wondering if i live in
> England and my girlfriend lives in the U.S. at the moment we will be
> getting married in May and were wondering if we could go for direct
> consular filing in the US embassy in London. please does anyone know if
> we can do this we were living together in london but her work permit
> application was denied so we have decided to move to the states - PLEASE
> HELP US we will be really grateful if anyone could shed some light on
> this - Thanks
Direct consular filing or DCF (which is _not_ an official term, btw) is
only possible if the USC is a resident of the UK. I understand this
means some sort of leave to remain in the UK as a fiance or spouse or
other non-tourist status (I did DCF with my UK spoiuse as a UK work
permit holder). If she is in the US now it won't be possible
>
> ive not got the hang of this site but i was wondering if i live in
> England and my girlfriend lives in the U.S. at the moment we will be
> getting married in May and were wondering if we could go for direct
> consular filing in the US embassy in London. please does anyone know if
> we can do this we were living together in london but her work permit
> application was denied so we have decided to move to the states - PLEASE
> HELP US we will be really grateful if anyone could shed some light on
> this - Thanks
Direct consular filing or DCF (which is _not_ an official term, btw) is
only possible if the USC is a resident of the UK. I understand this
means some sort of leave to remain in the UK as a fiance or spouse or
other non-tourist status (I did DCF with my UK spoiuse as a UK work
permit holder). If she is in the US now it won't be possible
Jan 27th 2004, 7:48 pm
#9
Just Joined
Joined: Jan 2004
Posts: 19
Re: DCF in london..help! please
Thanks for your help - my girlfriend had a work permit but she moved jobs and the application for a new work permit was declined. However, she received a letter saying that her original work visa allows her to stay but she cant work on it - why i dont know but would this count as her being on a "non tourist" visa? She is coming back here in April and we are getting married in May so it could work? What do you think,
I really appreciate you helping us!!
I really appreciate you helping us!!
Jan 28th 2004, 1:07 pm
#10
Guest
Posts: n/a
Re: DCF in london..help! please
gttravel wrote:
>
> Thanks for your help - my girlfriend had a work permit but she moved
> jobs and the application for a new work permit was declined. However,
> she received a letter saying that her original work visa allows her to
> stay but she cant work on it - why i dont know but would this count as
> her being on a "non tourist" visa? She is coming back here in April and
> we are getting married in May so it could work? What do you think,
I can't say. I am not familiar with a work visa that doesn't allow one
to work. Only the consulate in London can decide whether they would
accept the petition filed directly. You could write them and include an
SAE for their reply since you have some time or call them
>
> Thanks for your help - my girlfriend had a work permit but she moved
> jobs and the application for a new work permit was declined. However,
> she received a letter saying that her original work visa allows her to
> stay but she cant work on it - why i dont know but would this count as
> her being on a "non tourist" visa? She is coming back here in April and
> we are getting married in May so it could work? What do you think,
I can't say. I am not familiar with a work visa that doesn't allow one
to work. Only the consulate in London can decide whether they would
accept the petition filed directly. You could write them and include an
SAE for their reply since you have some time or call them
Jan 28th 2004, 9:53 pm
#11
Just Joined
Joined: Jan 2004
Posts: 19
Re: DCF in london..help! please
Originally posted by L D Jones
gttravel wrote:
>
> Thanks for your help - my girlfriend had a work permit but she moved
> jobs and the application for a new work permit was declined. However,
> she received a letter saying that her original work visa allows her to
> stay but she cant work on it - why i dont know but would this count as
> her being on a "non tourist" visa? She is coming back here in April and
> we are getting married in May so it could work? What do you think,
I can't say. I am not familiar with a work visa that doesn't allow one
to work. Only the consulate in London can decide whether they would
accept the petition filed directly. You could write them and include an
SAE for their reply since you have some time or call them
gttravel wrote:
>
> Thanks for your help - my girlfriend had a work permit but she moved
> jobs and the application for a new work permit was declined. However,
> she received a letter saying that her original work visa allows her to
> stay but she cant work on it - why i dont know but would this count as
> her being on a "non tourist" visa? She is coming back here in April and
> we are getting married in May so it could work? What do you think,
I can't say. I am not familiar with a work visa that doesn't allow one
to work. Only the consulate in London can decide whether they would
accept the petition filed directly. You could write them and include an
SAE for their reply since you have some time or call them
If we are not eligible for DCF we are thinking of applying for a fiance visa and we have seen this form I-485 which is needed to change your status to permanent resident status. Ive also found a form I-485A whic has a filing fee of $1000 but ive looked at other peoples experiences and no one mentions it. Has anyone heard of it do we need to file it?
Jan 29th 2004, 5:21 am
#12
Not living a 9 to 5 life
Joined: Jun 2002
Location: North Carolina
Posts: 11,061
Re: DCF in london..help! please
Originally posted by gttravel
Thanks for your help i know the letter saying she can stay but cant work is very confusing to us too!!
If we are not eligible for DCF we are thinking of applying for a fiance visa and we have seen this form I-485 which is needed to change your status to permanent resident status. Ive also found a form I-485A whic has a filing fee of $1000 but ive looked at other peoples experiences and no one mentions it. Has anyone heard of it do we need to file it?
Thanks for your help i know the letter saying she can stay but cant work is very confusing to us too!!
If we are not eligible for DCF we are thinking of applying for a fiance visa and we have seen this form I-485 which is needed to change your status to permanent resident status. Ive also found a form I-485A whic has a filing fee of $1000 but ive looked at other peoples experiences and no one mentions it. Has anyone heard of it do we need to file it?
You say you are marrying in May. Where? If it's the US, then as soon as you're married you can appy for a spousal visa for her to live in the UK. I believe once she has that, she can work legally in the UK. It'd be best to check with the Home Office Immigration and Naturalisation site.
