Which way is best???

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Old Jan 30th 2003, 8:06 am
  #16  
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You only have to prove you have a legal right to be in the UK (other than tourist). So Rita's idea is sound. You can DCF after a short stay in the UK, the whole DCFing process can take as little as 3 months if you box clever and are well prepared. We can help you with that as there are a few (me, Rog and Sam) who have just been through the whole process lately.

Good Luck and God Bless

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Old Jan 30th 2003, 1:07 pm
  #17  
Jim Battista
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Default Re: Which way is best???

Rete wrote in
news:[email protected]:

    > The USC has legal residency in the UK. It is a simple matter for
    > you to obtain permission for her to legally reside in the UK with
    > you by just marrying and applying at the British Consulate.
    > Approval is usually the very same day as application.

The UK delivers their equivalent of a spousal green card on a *same-
day* basis?

*swoons with envy*

--
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Old Jan 30th 2003, 2:47 pm
  #18  
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Default Re: Which way is best???

Originally posted by Jim Battista
Rete wrote in
news:[email protected]:

    > The USC has legal residency in the UK. It is a simple matter for
    > you to obtain permission for her to legally reside in the UK with
    > you by just marrying and applying at the British Consulate.
    > Approval is usually the very same day as application.

The UK delivers their equivalent of a spousal green card on a *same-
day* basis?

*swoons with envy*

--


Jim Battista
A noble spirit embiggens the smallest man.
Yeah UK immigration is all way round much easier than US.
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Old Jan 30th 2003, 4:53 pm
  #19  
L D Jones
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Default Re: Which way is best???

Rete wrote:
    >
    > In response to your message ... the UK is on the list for DCF
    >
    > IF...................
    >
    > The USC has legal residency in the UK. It is a simple matter for you to
    > obtain permission for her to legally reside in the UK with you by just
    > marrying and applying at the British Consulate. Approval is usually the
    > very same day as application. She goes with you to the UK, lives there

I think what Rete wrote is true but there are some things to consider

- the cost of a UK spouse visa is a few hundred dollars, as I understand
it
- the cost of the IR visa obtained in London including medical is
several hundred dollars (I would have to get out my receipts but I
recall paying close to $1000 if not more)
- it has been reported that the US consulate frowns upon applications
lodged very soon after the UK spouse visa is obtained. I can't recall
where I read this and I don't want to be an alarmist but it may be best
to wait for some time to pass after entering the UK as Rete mentioned
- The USC has to be able to take time from work, etc in order to, in
effect, temporarily move to the UK
 
Old Jan 30th 2003, 5:04 pm
  #20  
L D Jones
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Default Re: Which way is best???

meauxna wrote:
    >
    > Originally posted by Rete
    > > The USC has legal residency in the UK. It is a simple matter for you
    > > to obtain permission for her to legally reside in the UK with you by
    > > just marrying and applying at the British Consulate. Approval is
    > > usually the very same day as application. She goes with you to the
    > > UK, lives there for about a month, decides she doesn't like the
    > > weather, food, language, whatever, and goes to the US Consulate and
    > > starts the paperwork to you residency in the US.
    > >
    > > Rete
    > Rete, in the interest of my education...is it just enough to have Perm
    > Leave to Remain, or do they need that PLUS *six* months of residency?

The US consulate's website is not clear on this. Note that having ILR in
the UK implies that one has already lived there for at least 6 months
since entry as a spouse of a British citizen does not provide immediate
ILR (I believe the spouse is on 'spouse status' with approval to work
and can apply for ILR after 6 months or 1 year; check the IND wqebsite
to be sire). Entry as a fiance to Britain has its own timeline to ILR as
well, though similar. (Of course, DCF after entry to the UK as a fiancee
is not possible since DCF requires a marriage cert.)

I think the 6 months in the case of entry as a spouse to the UK (ie, no
ILR at this time) may be a good guess unless someone who has actually
done this can say for sure. I think they are deliberately vague so they
can decide when they see the papers whether or not to process it. Who
knows, there may be no fixed term at all and they will decide based on
their workload.

Note, these are just guesses on my part. I filed DCF in the UK but had
lived there for more than 3.5 years by that time. Though I did not have
Indefinite Leave to Remain (ILR) in the UK (essentially a passport
sticker that is the equivalent to a greencard) I did have a valid work
permit.

So, the question may be whether the US consulate requires ILR. I believe
the answer is "no" based on my own case and from what I've read here.
Whether the consulate will process via DCF after entry to the UK as the
spouse of a British citizen is less clear but probably possible,
depending on the time spent in the UK.

LD
 
Old Jan 30th 2003, 8:13 pm
  #21  
L D Jones
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Default Re: Which way is best???

stevelisaw wrote:
    >
    > Originally posted by Jim Battista
    > > Rete wrote in
    > > news:[email protected]:"]news:630499.10438901-
    > > [email protected]:[/url]
    > >
    > > > The USC has legal residency in the UK. It is a simple matter
    > > for
    > > > you to obtain permission for her to legally reside in the UK
    > > with
    > > > you by just marrying and applying at the British Consulate.
    > >
    > > > Approval is usually the very same day as application.
    > >
    > > The UK delivers their equivalent of a spousal green card on a *same-
    > > day* basis?
    > >
    > > *swoons with envy*
    > >
    > > --
    > >
    > >
    > > Jim Battista
    > > A noble spirit embiggens the smallest man.
    > Yeah UK immigration is all way round much easier than US.

And, the application is free (no cost) when applications are done within
the UK!
 
Old Jan 31st 2003, 3:33 am
  #22  
Ronald Austin
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Default Re: Which way is best???

IF YOU HAVE A HIGH "PUCKER FACTOR" - TOLERATION FOR RISK - study up on UKC
coming to US on VWP, marrying here in US, and filing for adjustment of
status.

"Shmily" wrote in message
news:[email protected]...
    > I live in the US. My fiance lives in the UK and visits me in the US. I
    > heard it is best to marry him in the UK (or country other thatn US) and
    > then come to the US to live. Can someone please help with this? I do
    > not want to be separated from him while waiting for papers, etc.?
    > Thanks!
    > --
    > Posted via http://britishexpats.com
 
Old Jan 31st 2003, 8:37 am
  #23  
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Default Re: Which way is best???

Originally posted by Ronald Austin
IF YOU HAVE A HIGH "PUCKER FACTOR" - TOLERATION FOR RISK - study up on UKC
coming to US on VWP, marrying here in US, and filing for adjustment of
status.][/q1]

The DCF route enbles you to work as soon as you hit terra firma in the US, it is a lot less hassle in the long run.

Don't get me started!

Patrick
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Old Jan 31st 2003, 6:14 pm
  #24  
 
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Default Re: Which way is best???

Originally posted by Ronald Austin
IF YOU HAVE A HIGH "PUCKER FACTOR" - TOLERATION FOR RISK - study up on UKC
coming to US on VWP, marrying here in US, and filing for adjustment of
status.

"Shmily" wrote in message
news:[email protected]...
    > I live in the US. My fiance lives in the UK and visits me in the US. I
    > heard it is best to marry him in the UK (or country other thatn US) and
    > then come to the US to live. Can someone please help with this? I do
    > not want to be separated from him while waiting for papers, etc.?
    > Thanks!
    > --
    > Posted via http://britishexpats.com
Yo, Patrick, here I am to back you up. I've been asking anyone to show me a post where someone here actually 'gave advice' to break the rules on VW Marriage/Adjustment and here it is.

Ronald, bad advice/bad move.

Of course, why would the OP take such advice in the face of 2 pages of replies to the contrary. Hopefully a sort of 'common sense policing' makes posts like Ronald's irrelevant.
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