Tim And Crys

"Patrick" wrote in message
news:[email protected]...
    > Originally posted by Haldaman
    > > Well, we have been gradually absorbing all the information so freely
    > > offered by you and all the others, and though you will realise that
    > > nothing is definite yet and at the moment we would be reluctant to go
    > > the VW route, we have constructed the following scenario and would
    > > appreciate your comments on whether we have got the details right. If
    > > we have, it will be reassuring that we have started to master the
    > > complex minds of the BCIS rule makers!
    > >
    > > Martin enters on VW intending to enjoy a 2 week visit to the
    > > Outer Banks.
    > > Circumstances make him change his mind and he and Carolyn get married.
    > > 2 days later they travel to NY and C gets a UK entry visa (FLR?) from
    > > the UK Consulate.
    > > A few days later they both travel to the UK and stay in M's apartment.
    > > A few days later C files an I-130 in person at the US Consulate in
    > > London for M. (Does it have to be in person or can it be mailed?)
    > > A few days later C flies back to NC to continue caring for her Mom,
    > > and earn money!
    > > M stays in UK until the I-130 interview, gets CR-1 and moves to NC
    > > for good.
    > > And while he is waiting for the interview, both M and C are free to
    > > travel back and forth without AP or a further visa.
    > >
    > > Have we got the processes right?
    > > Thanks again
    > > Martin.
    > If your returning to the UK the rouse about marrying on the spur of the
    > moment is redundant - you are quite welcome to marry in the US on a VW
    > if you intend to leave afterwards. This will allow you do to it right
    > and plan it and invite as many people as you like.
    > The rest is good and is exactly what a lot of people on the NG have
    > done, if you box clever and have everything ready (order your police
    > cert before the marriage) you can do it in about 2 months!

    > > 2 days later they travel to NY and C gets a UK entry visa (FLR?) from
    > > the UK Consulate.
Um, The Further Leave To Remain is only issued after the USC (in this
instance) has been resident in the UK for 12 months. After ten months here
you apply for FLRand then it's granted (with luck) THEN the USC is
considered a Permanent Resident in the UK and can DCF for her UKS husband to
return permits in hand to the USA.

That's what is screwing us up as we are trying to get a straight answer to
the question of whether my USC wife (who has an expired UK resident entry
VISA issues in LA) and is now back in the USA can DCF as she's not here
anymore.

--

Tim

(NB the email and Reply-To address is invalid - so for email please use "tim
at charlieb dot demon dot co dot uk")

L D Jones

meauxna wrote:
    >
[...]
    > Everyone: can anyone (DCF London) comment on the length of time (ie: is
    > it an issue) between entering the UK with FLR (or whatever the
    > marriage-based entry permit is called) and filing the I-130? Has the
    > Consulate ever raised an eyebrow for filing too soon?

I thought I read here once (a long time ago) that the consulate does not
"like it" when the I-130 application is filed soon after the US citizen
enters the UK with Leave to Remain but I can't find any reference to
this now. If there is one it may be in the google archive

Haldaman

Talk about screwing up.............
so why cannot you file a DCF on a 6 month or whatever visa obtained from NY like we said?

lairdside

Isn't it Indefinite Leave to Remain that you apply for after 12 months and didn't this recently change to 2 years?

The Spousal Enntry Clearance is not as you are already married but is basically the same thing as an FLR(m) - at least that is what the Consulate in LA told me - it's just that it is issued to you overseas as you are already married.

Haldaman - contact the Embasy in London via email and ask them what they will accept. As far as I am aware a spousal visa should do the trick and they impose no official time limit upon residence, although you always have to check as things change all the time. Get the word from the "horses mouth" as that is the information which really counts

meauxna

Haldaman, keep breathing.

Do what lairdside suggested and *contact your Consulate*. They are the *only* ones with the authority to give you an answer. They stopped taking the NG's advice ages ago. At least now you know the right questions to ask (actually your USC partner has to call and ask) because you read them on the Doc Steen site, right? (HINT: don't say DCF. That's not their term & may net you an inaccurate answer).

Unsolicited advice: Still keep breathing. Sometimes people are working out their thoughts on the NG. We are not lawyers (most of us) and even if we were (or are) we're not *your* lawyers and we don't have every answer down pat. If you freak every time a contrary thought comes up, you will not live long and prosper. Often, the NG is used for actual discussion, where different ideas are bounced around.

You need to find out *what* the name of this marriage-based entry clearance is that one gets from the British Consul in the US. You need to read experiences of people who have done *what you propose to do*.

You are on to a good idea, that is legal and workable and will get you the result you want. You've also had six years to deal with this situation; don't expect to resolve it in six days. Take your time so you can do it right the first time and not get stuck with delays.

See you tomorrow!