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Old Sep 27th 2002, 6:42 am
  #1  
Paul Goulart
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Default London embassy application process

Hello all,

I've just started the process of applying for a visa for my spouse (UK
citizen) to go with me back to the US. I'm basically looking for someone
here to let me know if we're on the right track. Here's where we are so
far:

1) Sent in I-130 and associated documents (including G-325s for both of us)
to the London enbassy. I assumed that I could apply directly to the embassy
(referred to here as DCF?) b/c I'm presently with my wife in Bristol. I do
NOT have a visa to be in the UK, but when I entered in July, I told the
immigration officer that I was here to get married and planned to leave in
November, and they seemed ok with this. These forms were sent about 2 weeks
ago, and I've yet to receive any reply, although the $130 fee showed up on
my credit card on the 12th Sept. How long should we wait before we conclude
that something has gone wrong?

2) Realised that we could also send in DS-230 to the embassy in parallel.
Did this about a week ago.

3) Holding onto OF-169 (document checklist) until we've go everything we
need. The only thing not readily available are my tax documents (for the
I-864) which are on the way, and the UK police check for my wife, which I
sent for yesterday. A few questions here; Do I send in JUST the checklist
when I have everything, keeping all the actual documents until my wife has
an interview. If this is the case, can I send it in now, in anticipation of
having everything we need by the time an interview is scheduled? Does
anyone here have any idea if the police check is likely to take less than
the statutory 40 days?

Is there anything I'm forgetting here? What's the next step?

Thanks.
Paul
 
Old Sep 27th 2002, 7:05 am
  #2  
Scarlett
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Default Re: London embassy application process

hi paul, i'm afraid it did take about 40 days when i applied for my police
certificate earlier this year.
regards
-=-
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Old Sep 27th 2002, 8:38 am
  #3  
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Default Re: London embassy application process

Originally posted by Paul Goulart:
Hello all,

I've just started the process of applying for a visa for my spouse (UK
citizen) to go with me back to the US. I'm basically looking for someone
here to let me know if we're on the right track. Here's where we are so
far:

1) Sent in I-130 and associated documents (including G-325s for both of us)
to the London enbassy. I assumed that I could apply directly to the embassy
(referred to here as DCF?) b/c I'm presently with my wife in Bristol. I do
NOT have a visa to be in the UK, but when I entered in July, I told the
immigration officer that I was here to get married and planned to leave in
November, and they seemed ok with this. These forms were sent about 2 weeks
ago, and I've yet to receive any reply, although the $130 fee showed up on
my credit card on the 12th Sept. How long should we wait before we conclude
that something has gone wrong?

2) Realised that we could also send in DS-230 to the embassy in parallel.
Did this about a week ago.

3) Holding onto OF-169 (document checklist) until we've go everything we
need. The only thing not readily available are my tax documents (for the
I-864) which are on the way, and the UK police check for my wife, which I
sent for yesterday. A few questions here; Do I send in JUST the checklist
when I have everything, keeping all the actual documents until my wife has
an interview. If this is the case, can I send it in now, in anticipation of
having everything we need by the time an interview is scheduled? Does
anyone here have any idea if the police check is likely to take less than
the statutory 40 days?

Is there anything I'm forgetting here? What's the next step?

Thanks.
Paul
Hi,

We started around the same time, my timeline

I-130 sent - September 2nd
UK Police Certificate sent for - September 2nd
OF-230 sent - September 3rd
German Police Certificate sent for - September 4th
$130 deducted from Credit Card - September 10th

I received a letter today saying I don't need a Police certificate from Germany - it had a case number on the bottom so I know have a provisional case number. So don't panic that you haven't heard anything yet.

When I went to get my UK police certificate I went to Ely Police station and submitted the paperwork for my Police certificates and the Police Officer on the desk asked if I was needed back soon - I said the 40 days was fine. He then said (in the police sarcastic voice) you'll be lucky.

Apparently at the moment these things are taking up to 8 weeks and he told me not to expect anything in under 6 weeks. Since Jessica and Holly they have been getting up to 10 requests a day (and thats just Ely) because everyone is asking for them (taxi drivers can't renew their licenses) in a knee jerk reaction. Hope for it in 40 days but don't be too upset if it takes a bit longer.

There is a train of thought that you can send in the OF-169 before Police certificates arrive but you (like me) are still waiting I-130 Notice of Approval so nothing will happen before you get that - this is taking about 6 weeks so if you sent off your OF-169 when the Police cert arrives it will be about right but you can send it now if you wish (I just contradicted myself - what I have just said is it doesn't bloody matter if you send your OF-169 in now or when the Police Certificate arrives.)

You don't seem to have forgotten anything (has your wife seen the doctor to get her jabs before the medical - I saw my dr this week and have booked my jabs for the 11th October)

Good Luck

Patrick
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Old Sep 27th 2002, 9:38 am
  #4  
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Default Re: London embassy application process

Hi,
Yep you seem to be on the right track, a couple of things which may not apply.
1/. I'm not 100% sure how you stand with the "being in England" stands as you need to be a resident in the UK to DCF in London. Perhaps someone else can confirm that.
2/. If either of you have been divorced, you need to dig out the old papers.
3/. If your wife has lived in any other country for 12 months or more since she was 16 you will need to get a police report from that/those countries, and translated if applicable.
4/. When you send in the OF-169, don't send in any documents with it, you take them all to the interview. Wether you send it in is up to you, as Patrick etc said there can be a delay in getting the police report, although by law you should receive it within 40 days and you can start chasing if it gets close to that period.

Congratulations by the way, you seem to be a lot more knowledgable and well planned than most of us on here when we first sent in the petition.

Good luck

Roger
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Old Sep 27th 2002, 2:01 pm
  #5  
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Default Re: London embassy application process

Originally posted by Paul Goulart:
Hello all,

I've just started the process of applying for a visa for my spouse (UK
citizen) to go with me back to the US. I'm basically looking for someone
here to let me know if we're on the right track. Here's where we are so
far:

1) Sent in I-130 and associated documents (including G-325s for both of us)
to the London enbassy. I assumed that I could apply directly to the embassy
(referred to here as DCF?) b/c I'm presently with my wife in Bristol. I do
NOT have a visa to be in the UK, but when I entered in July, I told the
immigration officer that I was here to get married and planned to leave in
November, and they seemed ok with this. These forms were sent about 2 weeks
ago, and I've yet to receive any reply, although the $130 fee showed up on
my credit card on the 12th Sept. How long should we wait before we conclude
that something has gone wrong?

>>reply: You appear to be applying for a visa for your UK spouse using the DCF process.

In order to be eligible to do this direct with the US Embassy in London you need to prove legal residency in the UK.

For most applicants I have read about, this is proven by the USC having Indefinite Leave to Remain in the UK. From your description, you don't have that.

The other qualifying method is to have a valid employment visa for the UK. This is how my husband, the USC, was able to prove legal residency in the UK.

I do not believe simplying using the visa waiver to enter the UK is sufficient for confirming residency in the UK. Neither does having a student visa in the UK (but I may be incorrect).

What documents (photocopies I hope) did you submit to the US Embassy in London to show you have legal residency in the UK?





<<snip>>
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Old Sep 29th 2002, 10:24 am
  #6  
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Default Re: London embassy application process

Originally posted by NC Penguin:
I would be slightly concerned about this application too.
It plainly says on the US embassy website that to be able to file a I-130 direct to the US embassy in London you have to prove residency in the UK. I am not sure exactly what proof would be required but as my husband (USC) it currrently applying for an "entry clearance visa" to come and reside in the UK as my spouse, I am assuming that the visa would be sufficient proof. Although we intend to obtain further proof with documents such as bank accounts and utility bills etc.
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Old Sep 29th 2002, 10:46 pm
  #7  
Paul Goulart
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Default Re: London embassy application process

"northspoon" wrote in message
news:428971.1033338286@britishexpats-
.com
...
    > Originally posted by NC Penguin:
    > >
    > I would be slightly concerned about this application too.
    > It plainly says on the US embassy website that to be able to file a
    > I-130 direct to the US embassy in London you have to prove residency in
    > the UK. I am not sure exactly what proof would be required but as my
    > husband (USC) it currrently applying for an "entry clearance visa" to
    > come and reside in the UK as my spouse, I am assuming that the visa
    > would be sufficient proof. Although we intend to obtain further proof
    > with documents such as bank accounts and utility bills etc.
    > --
    > Posted via http://britishexpats.com

Thanks for your reply. It was also unclear to me what kind of evidence
needed to be included to show UK residency, so I just included a copy
of the relevant entry clearance stamp in my passport. I gather that this
is probably insufficient. My understanding is that obtaining a visa for me
to stay in the UK permanently is a (relatively) painless process, and
can be accomplished in a single day. So, a few further questions:

1) Is it worth me getting a UK visa to establish residency here? I'm
operating under the assumption that it's much quicker to deal with
the London embassy than a US processing center (I think I would
go through Vermont, as I'm from Boston).

2) What will happen to my application to INS London assuming that
I have not submitted sufficient proof of residency?

3) Assuming that getting a UK visa is a feasible option, will it matter
that the UK visa will be dated AFTER the original I-130 application?

Thanks.
 
Old Sep 30th 2002, 2:19 am
  #8  
L D Jones
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Default Re: London embassy application process

Paul Goulart wrote:
    > "northspoon" wrote in message
    > news:428971.1033338286@britishexpa-
    > ts.com
    ...
    > >
    > > Originally posted by NC Penguin:
    > > >
    > >
    > > I would be slightly concerned about this application too.
    > > It plainly says on the US embassy website that to be able to file a
    > > I-130 direct to the US embassy in London you have to prove residency in
    > > the UK. I am not sure exactly what proof would be required but as my
    > > husband (USC) it currrently applying for an "entry clearance visa" to
    > > come and reside in the UK as my spouse, I am assuming that the visa
    > > would be sufficient proof. Although we intend to obtain further proof
    > > with documents such as bank accounts and utility bills etc.
    > >
    > > --
    > > Posted via http://britishexpats.com
    > >
    > Thanks for your reply. It was also unclear to me what kind of evidence
    > needed to be included to show UK residency, so I just included a copy
    > of the relevant entry clearance stamp in my passport. I gather that this
    > is probably insufficient. My understanding is that obtaining a visa for me
    > to stay in the UK permanently is a (relatively) painless process, and
    > can be accomplished in a single day. So, a few further questions:
    > 1) Is it worth me getting a UK visa to establish residency here? I'm

I think so, yes. Once the paperwork is in the consulate and "approved"
(meaning that they are working on it) I don't think you even have to
stay in the UK until it's completed.

    > operating under the assumption that it's much quicker to deal with
    > the London embassy than a US processing center (I think I would
    > go through Vermont, as I'm from Boston).

You are correct. A petition submitted directly (known as DCF here) takes
approximately 3-4 months. The same petition submitted in the US could
take a year.

    > 2) What will happen to my application to INS London assuming that
    > I have not submitted sufficient proof of residency?

My guess is that they will send it back to you. Or, if you're lucky,
they will keep it and send a letter asking for proof of resident status.

    > 3) Assuming that getting a UK visa is a feasible option, will it matter
    > that the UK visa will be dated AFTER the original I-130 application?

You would have to ask the consulate that question. Call or email them.

LD
 
Old Sep 30th 2002, 2:37 am
  #9  
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Default Re: London embassy application process

Originally posted by Paul Goulart:
"northspoon" wrote in message
<<snip>>

Thanks for your reply. It was also unclear to me what kind of evidence
needed to be included to show UK residency, so I just included a copy
of the relevant entry clearance stamp in my passport. I gather that this
is probably insufficient. My understanding is that obtaining a visa for me
to stay in the UK permanently is a (relatively) painless process, and
can be accomplished in a single day. So, a few further questions:


>>reply: Have you looked at the British government's webpages on immigration? If not, have a look at http://www.homeoffice.gov.uk/
and click on the link called "Immigration and Nationality".

1) Is it worth me getting a UK visa to establish residency here? I'm
operating under the assumption that it's much quicker to deal with
the London embassy than a US processing center (I think I would
go through Vermont, as I'm from Boston).

>>reply: If you're eligibile for DCF processing at the US Embassy in London, it's undoubtedly a faster process than applying when you and your spouse are living in the US and applying to a US processing center. However, before sending in your application, it is essential to be clear about the USC's status on residency in the UK, the key to using the DCF process.

2) What will happen to my application to INS London assuming that
I have not submitted sufficient proof of residency?

>>reply: It will be rejected. You may be sent a letter explaining that you have not submitted sufficient documentation to prove residency. If you search through this newsgroup (say in Google), you'll probably get hits from people who've had questions answered about residency documents for the US Embassy in London.

>>reply: If you are eligible but simply did not submit suitable documentation, you can resubmit your application with the correct documentation.

3) Assuming that getting a UK visa is a feasible option, will it matter
that the UK visa will be dated AFTER the original I-130 application?

>>reply: I believe it's very clear that the USC must already have legal residency in the UK prior to I-130 application.

>>reply: In general, do a search through this newsgroup (Google is a good search engine for this) about DCF in London. You're likely to find answers to many of your questions in previous postings. The US Embassy in London's webpages will provide you with guidance too.

Regards,



Sarah

Thanks.
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Old Sep 30th 2002, 2:54 am
  #10  
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Default Re: London embassy application process

Originally posted by Paul Goulart:
"northspoon" wrote in message
news:428971.1033338286@britishexpats-
.com
...
    > Originally posted by NC Penguin:
    > >
    > I would be slightly concerned about this application too.
    > It plainly says on the US embassy website that to be able to file a
    > I-130 direct to the US embassy in London you have to prove residency in
    > the UK. I am not sure exactly what proof would be required but as my
    > husband (USC) it currrently applying for an "entry clearance visa" to
    > come and reside in the UK as my spouse, I am assuming that the visa
    > would be sufficient proof. Although we intend to obtain further proof
    > with documents such as bank accounts and utility bills etc.
    > --
    > Posted via http://britishexpats.com

Thanks for your reply. It was also unclear to me what kind of evidence
needed to be included to show UK residency, so I just included a copy
of the relevant entry clearance stamp in my passport. I gather that this
is probably insufficient. My understanding is that obtaining a visa for me
to stay in the UK permanently is a (relatively) painless process, and
can be accomplished in a single day. So, a few further questions:

1) Is it worth me getting a UK visa to establish residency here? I'm
operating under the assumption that it's much quicker to deal with
the London embassy than a US processing center (I think I would
go through Vermont, as I'm from Boston).

2) What will happen to my application to INS London assuming that
I have not submitted sufficient proof of residency?

3) Assuming that getting a UK visa is a feasible option, will it matter
that the UK visa will be dated AFTER the original I-130 application?

Thanks.
I can not answer most of these questions because i really dont know but i can offer you my opinion. Firstly i can tell you that the "entry clearance visa" that i referred to is a visa appied for in the US to "settle" here (UK) as the spouse of a UK citizen, not the stamp issued on arrival in the UK as a visitor. If it is a straighforward application then it is obtainable in a day for "personal' applications. The "entry clearance visa" gives you the opportunity to prove residency in the respect that you can, get a bank account, work, and get a mortage etc. After a year you have to apply for "further leave to remain". I must just add, that after i spoke with a lawyer it seems that the "entry clearance visa" is discriminatary. People from places like Africa and India have a much tougher job obtaining a visa for the UK (I also speak from experience) whereas Americans are treat more favourably.
As far as your I-130 application which you sent direct to the US embassy in London, i assume, that as you dont fit the criteria to apply for DFC I would imagine that either, they will forward it on to the office that has jurisdiction over the place where you live in the US, or, more likely, not approve the application. Which would mean you re-applying when you do have residency. My last comments are just guesses and maybe someone with experience or knowledge might be able to answer for you. I know if it was me, I would get straight onto the Embassy and tell them that you believe you have been missinformed, tell them your situation and ask thier advice.
It is also my understanding that it can take anything from 9 months to 2 years to get your I-130 if applied for in the US whereas i believe at the moment if you go the DCF route it is taking 3.5-4 months
Good luck
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Old Sep 30th 2002, 2:58 am
  #11  
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Default Re: London embassy application process

Hi,
When my wife came to the UK we had already married in the US.
She went to the British Embassy in Washington to get a residency visa, which took about a week, although I believe in New York they can do it in a day.
The process was knowhere near as complicated as the reverse although I did have to provide an affadavit of support with all of the supporting documents.
Good luck
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