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Old Jul 22nd 2008, 12:26 am
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Default Direct consular filing/K-1 visa

So I'm a USC trying to figure out how my UKC boyfriend will be able to come to the US. Obviously, we've already decided on the marriage route, but I need some clarification. We're most likely going the K-1 visa route, but one of my friends who's marrying her Italian boyfriend in Italy and doing direct consular filing suggested I look into DCF. Can someone explain DCF to me? I know there's a minimum amount of time I have to spend in the UK before I'm eligible. Also, we would have to get married in UK before doing DCF, correct? Blah, I'm just rambling now! ESSENTIALLY, can someone tell me how DCF works??

Also, can someone point me into the direction of a thread that explains the K-1 visa process? I'm sure there's a thread about it already!

Thanks for all your help!

*edit* So I just read in another thread that you have to be in the UK for at least 6 months in order to qualify for DCF. So I guess, can someone please direct me to a thread about the K-1 process? Thanks

Last edited by lawstudent; Jul 22nd 2008 at 12:30 am. Reason: Found new information
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Old Jul 22nd 2008, 2:09 am
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Default Re: Direct consular filing/K-1 visa

That's true, the USC needs to be in the UK for at least 6 months before starting the DCF process...AND must be in the UK on a permanent type basis (i.e. not a tourist or student).

See this link for information on the K-1: http://britishexpats.com/wiki/K1

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Old Jul 22nd 2008, 4:20 pm
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Default Re: Direct consular filing/K-1 visa

Originally Posted by Noorah101
That's true, the USC needs to be in the UK for at least 6 months before starting the DCF process...AND must be in the UK on a permanent type basis (i.e. not a tourist or student).

See this link for information on the K-1: http://britishexpats.com/wiki/K1

Best Wishes,
Rene
Hi:

I want so much to get pedantic about the fact that there is no such thing as "DCF" in the UK -- but that would confuse OP, no? But there is something that looks and acts somewhat like "DCF" -- so why get pedantic on this one?

To OP -- "DCF" is NOT an official term -- but means "Direct Consular Filing." Normal course of events is that the initial I-130 goes to DHS/CIS and when approved the Department of State "Consulates" take over. That said, the Consulates have the authority to take and adjudicate clearly approvable I-130's -- except in countries where there is a DHS office. There is a DHS office in the UK. So the I-130 has to be filed with DHS in the US Embassy in Grosvenor Square and once approved the Consulate in the US Embassy in Grosvernor Square takes over. In other words, the I-130 has to be approved and then sent down the hall to a different agency.
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Old Jul 23rd 2008, 7:28 am
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Default Re: Direct consular filing/K-1 visa

Isn't DCF only for I-130 applicants if you are married?
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Old Jul 23rd 2008, 7:34 am
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Default Re: Direct consular filing/K-1 visa

Originally Posted by lansbury
Isn't DCF only for I-130 applicants if you are married?
Yes, that's correct.
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Old Jul 23rd 2008, 8:00 am
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Default Re: Direct consular filing/K-1 visa

Originally Posted by Folinskyinla
Hi:

I want so much to get pedantic about the fact that there is no such thing as "DCF" in the UK -- but that would confuse OP, no? But there is something that looks and acts somewhat like "DCF" -- so why get pedantic on this one?

To OP -- "DCF" is NOT an official term -- but means "Direct Consular Filing." Normal course of events is that the initial I-130 goes to DHS/CIS and when approved the Department of State "Consulates" take over. That said, the Consulates have the authority to take and adjudicate clearly approvable I-130's -- except in countries where there is a DHS office. There is a DHS office in the UK. So the I-130 has to be filed with DHS in the US Embassy in Grosvenor Square and once approved the Consulate in the US Embassy in Grosvernor Square takes over. In other words, the I-130 has to be approved and then sent down the hall to a different agency.
Yes.

It's a funny thing to get pedantic about, and certainly not for the first-time inquirer. Since most people take a little while to get the lingo down, trying to explain at this point is foncusing enough as it is!
I rationalize it this way: since DCF is not official terminology, it can be defined as we like (since it's just the internet freaks who have popularized this term). Sort of like taking back 'queer' so it's not a pejorative.
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Old Jul 23rd 2008, 10:28 am
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Default Re: Direct consular filing/K-1 visa

Originally Posted by lawstudent
Also, we would have to get married in UK before doing DCF, correct?
I'll answer this bit as nobody else seems to have done - if you are DCFing to get a "spousal visa" (another inaccurate and unofficial term but you will get the meaning) rather than a fiance visa, then it doesn't matter where you get married, as long as you have official paperwork detailing the solemnisation of the marriage (e.g. marriage certificate), and you return to the UK for visa processing.
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Old Jul 23rd 2008, 10:32 am
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Default Re: Direct consular filing/K-1 visa

Originally Posted by BritishGuy36
I'll answer this bit as nobody else seems to have done - if you are DCFing to get a "spousal visa" (another inaccurate and unofficial term but you will get the meaning) rather than a fiance visa, then it doesn't matter where you get married, as long as you have official paperwork detailing the solemnisation of the marriage (e.g. marriage certificate), and you return to the UK for visa processing.
Also will note that the USC has to be living in the UK in a permanent sort of status for 6+ months before qualifying for DCF. London seems to be cracking down on those people who got married and stayed in London just long enough to qualify for DCF. They haven't even allowed some long-term students in the UK to qualify, because their status isn't considered permanent.

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