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Old Feb 9th 2011, 4:28 am
  #16  
 
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Default Re: Little help?

Originally Posted by BrittanyB
I thought that a USC had to be resident in the UK for 6 months to do DCF..at least, on the London US embassy website, it states that :
“Principal residence will have been considered established after the United States citizen has resided in the United Kingdom at least six months from the date of arrival following approval of UK Entry Clearance”
This can be seen at http://london.usembassy.gov/dhs/uscis/i130filing.html

Sorry if I was mistaken!
You were not mistaken. And she has been there since September.
I pointed out the penalties for guessing wrongly; there are none. IMO this is a case worth 'trying'. by the time they get ready, she will be very close to the 6 month time frame.

The 6 month rule was instituted to stop people from gaming the system. At one point, people were flying overseas, getting married and lodging the I-130 locally. Because this goes around the usual system (or did at the time) it put too much burden on the Consular posts.
Since putting that rule in place, overseas offices still have some latitude to decide whether or not they will take the case.
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Old Feb 9th 2011, 4:29 am
  #17  
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Default Re: Little help?

Originally Posted by BrittanyB
I thought that a USC had to be resident in the UK for 6 months to do DCF..at least, on the London US embassy website, it states that :
“Principal residence will have been considered established after the United States citizen has resided in the United Kingdom at least six months from the date of arrival following approval of UK Entry Clearance”
This can be seen at http://london.usembassy.gov/dhs/uscis/i130filing.html

Sorry if I was mistaken!
You are correct. The OP's wife came to the UK in Sept 2010, so she's been there now 5 months. It would be worth waiting until it's been exactly 6 months since her arrival date and then submitting the I-130 directly to London. If they submit the I-130 to London in March, and it gets accepted, he should have his Immigrant Visa by August, which is right on target for him.

Rene
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Old Feb 9th 2011, 4:51 am
  #18  
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Default Re: Little help?

Woops, guess I was thinking too 'black and white' there
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Old Feb 9th 2011, 5:09 am
  #19  
 
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Default Re: Little help?

Originally Posted by BrittanyB
Woops, guess I was thinking too 'black and white' there
Right. Think squishier.
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Old Feb 9th 2011, 10:59 am
  #20  
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Default Re: Little help?

A sussex boy! Me too (well, girl). Hoping you get this crazy journey started soon!
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