JenniferB

Hi I'm new here and need some help.

My British husband & I currently live in the UK. I moved here in June of 2004 on a Fiance Visa & got my "Limited Leave to Remain" (marriage) UK Visa in Feb. 2005.

We are expecting a baby in November of this year which has made us want to move back to the U.S. to be with my family. I've not been happy living in the UK since I got here and want to go back home.

London Embassy will not allow me to DCF for my husband's Spousal Visa - since according to them I am still here "temporarily". I am not eligible for my "Indefinite Leave to Remain" Visa until Feb. 2007 & that is too long to wait!

London Embassy is saying I will need to apply for his Spousal Visa in the U.S. via post. I was told that it will take 1 year. (Note: DCF here would only take 3-6 months).

Anyway - is it true that the process can take up to 1 year??

I would hate for my Visa to expire here and be forced to leave the country or waste money on a Visa I won't even use.

Really wish London would be more accomodating since we both reside here...

Jennifer

P.S. We do not want to be apart as a family - especially with a baby. We plan on moving back in with my family for awhile & my stepdad will co-sponsor us since we won't have jobs.

Hebapotamus42

That depends on which service center you will be using. What state are you a resident of? When I applied for my husband in 2003, the Vermont service center had the fastest processing times. The petition I submitted was approved in only a few months. However, most people will try to obtain a K3 spousal visa at the same time because it is processed faster and allows the alien spouse to stay in the US while his/her immigrant petition is being processed. The FAQ's listed at the top of this section should give you a good idea about the process. http://britishexpats.com/forum/showthread.php?t=164511

Can't say much about filing from the UK as I don't have any experience with it, but I'm sure you'll get some informative answers from who do.

Good luck and congratulations on your pregnancy.

JenniferB

We will be going through Vermont as well.

Someone said we start the process there but for the actual Interview & Medical exam - it'll be done in London.

This is a "tricky" situation....

meauxna

Hi Jennifer,
It's not really tricky, just inconvenient for you.

You'll do the regular petitioning process.. through your US Service Center. After X months there, the petition is approved and sent to the National Visa Center to begin the Immigrant Visa application.
After X time there, the file is sent to London and further instruction is sent to your husband. He gets his medical, gathers his forms and has an interview.

While the process can take a year, if you factor in Vermont + London, it will be less than that.

If you feel that you are truly resident in the UK, you can try submitting your I-130 to them with a letter explaining your situation and see if they will accept your case. All you are gambling is 2-3 weeks tops for them to return your paperwork if they refuse you -vs- an assured extra 3-6 months of processing in the US.

JenniferB

If I file with London & they decide I'm not eligible, they will probably keep my $185. It's a lot of money to gamble with.

It may not take 1 year if the London Embassy takes over the rest of the Visa process... I hope

ian-mstm

It's a drop in the bucket by comparison to everything else that needs to get done!

Ian

meauxna

They return the payment if they refuse your case.

London *always* has the visa process. The "DCF" refers *only* to filing the I-130 petition in London vs Vermont.

The other time saving is in skipping the NVC. Still, I'd say that a Vermont filing will put you nearly at par with a London filing. You will want a good address in the US where someone reliable will pick up your mail and forward what you need to you.

JenniferB

We would love to just do the DCF with London. Guess it won't hurt to try if they refund the money. That's good to know.

Thanks,
Jennifer

JenniferB

Meauxna - how does one skip the NVC?

Pete&Shan

Jennifer,

I think it is worth trying to do the DCF route. I added a cover letter to my I-130 stating that while I had the limited leave to remain stamp (I got mine in August 2004) I truly resided here and worked here (I am self empoyed consultant). I sent lots of proof I lived here and worked here (UK Bank statement, work contracts, etc. and they allowed me to apply for my husband.

Good Luck

Shannon

JenniferB

Sounds like a great idea! I phoned them this morning & the person I spoke with says: "As long as I do not live in the U.S., I am able to apply". After I explained my LLR stamp.

Something tells me it all depends on which case worker we will wind up getting...

Although I do not work in the UK, I am having a baby here & I'm covered by doctors, etc. Will do the cover letter.

Thanks for the advice.

Jennifer

Noorah101

Hi Jennifer,

One skips the NVC step by filing DCF

Rene

meauxna

Jennifer,
Like Rene said, by filing directly in London (DCF = Direct Consular Filing), your case goes directly from USCIS London Field Office to the Consulate.

When you file I-130 in the US, it goes from the Service Center to the NVC and then to the Consulate. The NVC process seems cumbersome to me, tho they must have their reasons.. maybe to regulate the flow of cases to the Consulate(?), driving the petitioners nutso in the process.

Jonathan McNeil Wong

JenniferB wrote:
    >>We would love to just do the DCF with London. Guess it won't hurt to
    >>try if they refund the money. That's good to know.
    >>Thanks,
    >>Jennifer
    >
    >
    > Meauxna - how does one skip the NVC?
    >

NVC handles pre-processing for London and other State Department posts
in the U.S. If you DCF, NVC won't be involved; London will process
directly.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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