DDL

I read on another Visa forum that the OIC of USCIS London told them that in order to be eligible for DCF, the American citizen/spouse must be resident in the UK for 3 years.

This contradicts the I-130 filing instructions on the embassy's website when it says to submit a photocopy of Petitioner's Leave to Remain stamp (Leave to Remain is a 2-year Visa).

Anyone here been DCF-London-approved with having had less than 3 years resident in the UK?

Cheers.

anyone4tea

That is incorrect - You can DCF in London if you have been there a few months. It's not an exact science by any means.

If you want further clarification, email the embassy direct:

[email protected]

Good luck

Kath

Dimsie

Hi
I waded through the archives on here before we started out on DCF and found evidence of several fairly recent instances of approvals where the USC had been here a short time only.

I rang the Embassy before we started, asked if there is any specified length of residence here for the USC, was referred to the page you mention, and told that those listed are the only requirements.

So........I do hope this is not another snag :-(

Ann

half-pint

Hi Denise,

I read that same thread on an another visa board.

I do know of one couple who recently applied DCF in London. The US spouse has been in the country for seven months. They have had their interview, the visa is pending due to the UK citizen having a police record from way back, so they are filing a waiver. I don't know of any others.

My husband has an 'Indefinite Leave to Remain' stamp in his passport. He has been in the country since December 2002. At the time he arrived you only had to have FLR staus for one year and then adjust to ILR.

One question: Why would they be approving I-130 petitions if this was a requirement? There are people here who have had their petition approved and been resident in the UK less than 3 years.

The London website has been down all day - coincidence? I dunno.

Ellie

sohosid

Here's one then....

My wife and I are in the 'research' phase right now, and are getting ready to do our own DCF. She is a USC, although she has spent most of her life here in the UK. She has at various points both lived and worked in the USA, has an SS number, and a US passport....but since she has always travelled back to the UK on her British passport (dual citizanship) she has no such think a leave to remain visa......anyone know how this is going to affect our application? Any steps we need to address before we start (I'm aware of the need to get her US taxes up to date...working on that now)

Mike

half-pint

Your wife will have to supply one of the following when she sends in the petition;

photocopy of the leave to remain stamp in the petitoner's passport (must also include photo page of U.S. passport);
a letter from the Home Office confirming the petitioner's status in the U.K.;
a photocopy of the student or work visa in the petitioner's passport;
a copy of the petitioner's British or Irish passport, if the petitioner is a British or Irish citizen or holds dual nationality with the U.K. or Ireland; or
a copy of the petitioner's orders if he or she is a member of the U.S. military stationed in the United Kingdom.
Lawful Permanent Residents may only file with this office if they are in possession of a valid Reentry Permit.

So your wife will send in a copy of her British passport.

Ellie

sohosid

Ah!!! There you go...simple answer!! Many thanks Ellie!

Mike

BoPeep&G

I want to reply to this, because I AM THE ONE who started this thread on the other immigration board.

First of all there is NOTHING on the embassy web site that states the amount of time that a USC who has leave to remain has to be a resident. It simply states how you prove residency.

So what I found out from Karen Fitzgerald who is in charge of United States Immigration for the United Kingdom doesn't contradict anything. And just because "everyone's been doing it" doesn't make it right, according to her.

I called over there because I've heard too many contradicting things about DCF and who can and who can't, and apparently there are some people who are getting thier MP's to intervene on thier behalves. This is what I posted in the other forum after my conversation with her, and after my convesation with Laura Moffatt, my husband's MP, and after speaking with an AILA US Immigration attorney who lives and practices in London:

" I just got off the phone with Karen Fitzgerald, the Officer in Charge of United States Immigration, for the United Kingdom.

She explained to me, what exactly had to be done and how the mailing address confuses most people. That address is for intake only, then the petition goes onto the State Department there in London, at the same building, who actually handle the visa.

They have 4 people working in visa processing, in total and that's why the stringent residency rules apply.

I also found out something VERY interesting.

Technically, you MUST have been in residence in the UK for 3 years before you can do DCF. That's the American spouse I mean. You can't just have the 2 year "leave to remain" stamp in your passport, and you cannot just have the "Indefinite Leave to Remain" stamp either! You have to prove you have been in residence in the UK for three years! Hmmmmm, how's everyone getting around that?

They dont even follow thier own rules.

However, 5 visas were denied at the interview stage, this week alone , and it's only Wednesday, because the US Spouse does not meet the residency requirements. Apparently USCIS has ultimate deciding power over the issue of the visa. I asked Ms. Fitzgerald if this in essence means they can 'veto' the visa, and she said, "Yes, we can". "

Then after I spoke with the attorney, in response to another poster on the forum:


"Mr. XXXXXXX

Took your advice and contacted a US Immigration Attorney who works in London and deals with a lot of DCF cases.

What she told me didn't surprise me, but Im still not sure about DCF at this point.

She said that while there is nothing posted on the Embassy site about having to be in residence for 3 years, it's sort of an "unwritten rule that no one follows anyhow". She said she's processed 7 DCF cases this so far this year and not one has been denied, however she has heard mumblings about them cracking down on this because the consulate is becoming overwhelmed at this point, with immigrant visas.

She said that she feels that we should still file via the London Consulate and if we were to get denied, she'd personally lodge a compliant herself and cite her own many cases that have been processed where the USC was not in residence for 3 years. She went on to venture that she thinks that 55-60% of the DCF cases, the US Spouse has not even been in residence in the UK for a year. She was honest to say that while we probably don't need an attorney to represent us for the case itself, if they were to question me not having been in the UK for the full three years, that's where her services would probably come in handy.

She also explained to me exactly what the role of the consulate is, in processing any visa, including those we label "DCF". It's not really all that different. It's processed by the USCIS there at the embassy and handed over to the consulate itself when they are ready to set up the interview.

As far as what we are doing, haven't got a clue. Probably won't until I get back to London and G and I can sit down and talk about this together."

I can't help that it contradicts what might be posted out on the US Embassy web site, but apparently they are now more closely scrutinizing the documents that come in to prove that US Citizens who live in the UK meet the residency requirements. And I'm sure, regardless, many more will continue to file DCF through London who haven't been there for three years.

*edited to delete certain references used without permission.

BoPeep&G

Another thing I want to clarify that at no point anywhere in that thread did I say or quote anyone saying that the three year residency requirement was a new requirement. I simply stated what I was told by the London OIC and an MP confirmed what I was told.

I'd appreciate it if the next time you talk about a post that I initiate on another board, if you'd either quote me exactly or at least correctly surmise what I have said.

DDL

My subject sentence ("new 3 year residency requirement?") was a question, not a declarative, and was not meant to quote anything said by you. My apologies for any confusion.