kathryn79

Hi all,

I've been lurking for a while and very impressed with all the tips and help that is available on the forums. So thanks for that!

I'm a USC, engaged to marry an EU citizen and living in the UK on a Tier 2 visa with my partner for the past year. We are marrying in July officially back in the US but I had some questions and wanted to see if anyone had advice for me.

First, am I permitted to marry civilly here in the UK on my Tier 2 visa or would I be required to get the marriage visa in addition to my current one to allow for a civil ceremony? I can't seem to find this information anywhere...

Also, I was naive about processing times but I think we'll plan to apply for a I-130 from London to shave some time off the process since our goal is to return to the US soon. I'm reading that the processing time can be anywhere from 5 months to 10 months from London. Is this true?

I appreciate your help and thanks in advance!
K

ian-mstm

I believe so, yes.


If the I-130 is filed directly to London, then 5 months is about right. If London doesn't accept the I-130 (which happens on occasion) the I-130 needs to be filed to the US... and then the process takes about 8-10 months.

Ian

kathryn79

Thanks Ian for your response. Do you know of typical reasons why a London filing would not be accepted? Barring the obvious like not long enough residence in the UK and the like...

Thanks!

ian-mstm

Usually, it's if they determine that you're currently in the UK on some visa that doesn't allow you to file... as you say, not long enough in the UK, but also there on the "wrong" visa (such as a student visa, and the like). I'm not familiar with a Tier 2 visa, but I understand it allows you to work there... so I believe that'll be okay. However, they... not I... will make the determination of whether or not you're eligible. You won't know unless you file. If they determine you can't file there, they'll return all your paperwork and the fee, and tell you to file to the US.

Ian

kathryn79

Thanks for the advice. Yes, the Tier 2 is a work visa and is valid for three years, one of which has passed already. I guess we'll see when I file!

Thanks again,
K

meauxna

hi there, your visa type should be fine for filing in London.. have you read their criteria yet? The link in my signature is to an article that outlines the process and gives you the links to get started.

Look for threads here marked 'DCF' (for Direct Consular Filing) and you'll find others filing the same way.

Door to door it's pretty consistently 5 months from petition to visa.

kathryn79

Great, thank you for your help and the link suggestion. I'll read up some more!

I wonder if I'm confused and would appreciate clarification - does "DCF" include both the I-130 AND I-864 processing? So from application to visa in hand the entire thing should take five months if we're lucky? Or is that just the I-130 bit? Thanks, and sorry if I'm slow on the uptake

meauxna

lol, it's an unofficial term, so it means different things to different people (and in different places).
For the purpose of this discussion, London doesn't even 'do' DCF... but, you CAN file your I-130 with the USCIS office there.

The 5 months is end to end... filing petition + visa application to visa in hand.
Skim the wiki entry.. you'll see the steps listed.

ian-mstm

To clarify, the I-130 is a petition that establishes the relationship between a USC and a non-USC. That's all it does. Once the I-130 is approved - which means the US government recognizes the relationship - your husband will be invited to apply for an immigrant visa (IV). Depending on how long you've been married when he enters the US, it'll either be a CR-1 or IR-1 classification. The I-864 isn't needed until your husband actually applies for the IV... but yes, it'll be processed in London.

Ian

kathryn79

Thanks all for the tips and clarification! I feel much less panicked now...and will keep you updated on our progress!

Thanks again!