northspoon

Hello there
Can anyone who has been through the I-130 without DCF shed some light on my "case". It is really easy to find information on the I-130 but i never know for sure whether it applies to me or not. It seems that most people who are just applying for the I-130 are either applying direct to the Embassy in the country were the couple are residing or are applying for the I-130 AND the K3.
My husband is in the US and i am in the UK. Is it correct that i will have to send my packet 3 (when i get it) to the NVC in new Hampshire and not to the London Embassy? Is my only dealing with the london Embassy, the medical and the interview??? Are all other communications just with the NVC, after approval with the INS??? Is this likely to take more than a year??? When do i provide my proof of relationship once I am married, is it just the certificate (we've obviously met)) How do you prove that it is a valid marriage when it is so young?? (despite dating for two and half years) I have lots of documentation proving our relationship but what are they looking for once your married and how do we show this???
I am really getting bogged down by all this, the more information i glean, the more confused i become (i am a natural at this...lol)
I would be so pleased if someone could show me "the wood through the trees"
Thanks in advance

rogerpenycate

Hi,
I wish I could help more, but we married in the States last Sept
and moved to the UK.
We were able to file at the London Embassy as my wife was a legal resident here for over 6 months.
She then went back to VA to "set up domicile" rent a flat, get her old job back, buy a car etc.
This certainly helped with the process, which took 3.5 months from filing on the 28th March to interview on the 10th July.
When you get to the interview and medical stage in London,
I'll hopefully be able to help you then.
There have been a few similar posting recently from people in a similar situation as you.
If you do a google search for "Jenn & Ben" which has been on here over the last few weeks (and up until a couple of days ago)
I know Jenn is from Virginia and Ben from Coventry UK, which is a
real coincidence because I am moving from Coventry to VA.
Anyway, I'm waffling, but they are engaged and getting married in the US within the next 3 months (in fact BEn is leaving the UK
tomorrow (17th)
So if you find their postings, they should be (almost) identical to your situation.
Good luck
Roger

I'm sure someone will fill in the differences between being engaged and married.

Ameriscot

You can send packet 3 directly to London. You don't have to wait for NVC and can open a "provisional file" with London, which will enable them to start visa processing while NVC chugs away with your petition approval.

Details from: http://www.usembassy.org.uk

northspoon

Thats what my impression was but then am i readin this wrong???

" Note: It is possible to begin the administrative processing of an immediate relative application before the INS approves the petition. Therefore, if you reside in the United Kingdom and are applying for the immigrant visa at this Embassy, you may download the forms from this site. The forms should be completed and returned to the Immigrant Visa Branch as soon as possible.

This suggests DCF to me
What do you think???
Got the quote from that site before you send me the link)

Ameriscot

DCF refers to what you do with the *I-130 petition*. If you file it with the *INS* in London, it's DCF.

The visa application is separate from the petition. No matter where you file the petition, you still have to apply for the visa at the consulate. The consulate will not do *final* processing of the visa application until they have received the petition approval from the INS (local or service center), but they will do the preliminary work - hence you can apply for the visa early and they will open a provisional file.

northspoon

Well, my bonfire is well and truly doused.(
I rang the Embassy and they said i have to wait until the petition is approved. Straight from the horses mouth(

Ameriscot

That information is contrary to what is written on the Embassy website and the experience of many people in this newsgroup.

Since immediate relative petitions are processed immediately (no need to wait for a visa number), the consulate is happy to open a file for the beneficiary given that the processing will take place within a year. It is family (eg brother/sister) and employment based applications that the consulate will not touch until the petition is approved because these petitions have to wait indefinitely for a visa number.

Personally, I think there is nothing to lose by submitting the OF-230 part 1 and OF-169 to the consulate. If they don't want it, they will discard it and you can then send it in again once you have the petition approval. Chances are that they will process it, as they have done with plenty other spousal applications.

northspoon

Thanks for your responses.

I am inclined to the think that the Embassy website is reffering to applications that are processed at the Embassy in London, whereas in our case the application will be processed at the NVC in New Hampshire USA. That is where, I have read, we will receive the packet 3 from and that is where we send it back to.
Now whether we can open a provisional file at the NVC before the petition is approved is another question entirely )
Thanks again