Gary Evenett

Hi all, I am a UK Citizen married to a USC since September 2000 and filed the I-130
through CSC in October last year. So far we have only received the 1st NOA (November) and
after looking at how badly the waiting times have slowed down since last summer we are
looking at any alternatives to speed things up. As theres not many options we tried a few
Emigration specialist Solicitors in the UK to ask about DCF, even though my wife would not
be able to move to the UK for any great length of time (A month at most) a few said that
if she applied for UK residency she would only need to be in the UK to file the I-130 then
can return home until the interview and they would handle any correspondence. Obviously
this comes at a price (at least 2500 UKP + the filing / Visa costs) but I wondered if
anyone else has done this as it sounds like it could be quite illegal ? If it is common
practice then I guess the high price may be worth it if the I-130 is going to take more
than a year through normal channels

Thanks Gary

Gordon

> Hi all, I am a UK Citizen married to a USC since September 2000 and filed the I-130
> through CSC in October last year. So far we have only received the 1st NOA (November)
> and after looking at how badly the waiting times have slowed down since last summer we
> are looking at any alternatives to speed things up. As theres not many options we tried
> a few Emigration specialist Solicitors in the UK to ask about DCF, even though my wife
> would not be able to move to the UK for any great length of time (A month at most) a few
> said that if she applied for UK residency she would only need to be in the UK to file
> the I-130 then can return home until the interview and they would handle any
> correspondence. Obviously this comes at a price (at least 2500 UKP + the filing / Visa
> costs) but I wondered if anyone else has done this as it sounds like it could be quite
> illegal ? If it is common practice then I guess the high price may be worth it if the
> I-130 is going to take more than a year through normal channels

Hi Gary, I'm in much the same position as you, Michelle and I filed through TSC in early
October and are waiting, waiting, waiting. DCF is only open if the USC has residency here
in the UK, that doesn't actually mean staying her as such, but the USC must qualify for
residency as far as the consulate and INS are concerned. If your wife could get a visa for
the UK that confers some resident status, you might be able to go DCF through London. DCF
isn't illegal, you simply have to comply with the INS requirements or it's not an option.
From what I understand, the residency is paper based and has no restrictions on travel,
your wife could become resident in the UK and then travel back to the US quite legally,
but she must meet the criteria to obtain residency first.

As to using a layer in the UK to help, I personally wouldn't, especially as it sounds
quite expensive compared to the costs of a specialist immigration attorney in the US. Many
here advised Michelle and I that we didn't need an attorney in the US for the I-130
process, and we didn't take their advice, our attorney has cost us around $800 so far,
less than the £2500 you mentioned, but still... If you are thinking about doing DCF, I'd
advise you to go to the US Embassy in London's web site, it details DCF pretty well, and
my contact with the London immigration people has been very civil in the past, the staff
we have contacted there were very helpful and sympathetic to our situation, though unable
to do anything concrete for us.

One word of warning, I believe that if you go for DCF you must abandon your existing
I-130 petition, and although the DCF process is commonly quicker, the processing times in
London have stretched a little since last year. You've been waiting for at least four
months now, all that waiting and effort could be wasted if you attempt DCF, you may not
get your visa any quicker in any case as once your petition has been granted in
California(CSC) you still have to file packet 3 with London and that takes some time. I
wish it were otherwise, I really do. I would do anything to be with my wife on more than
an occasional basis.

Look at the packet 3 resources on the Embassy immigration pages for I-130 spousal visas.
There are a number of documentary and medical things that you can prepare now that save
time in the future. You will need a police report, this is essentially a print out of any
information the Police national computer has on you(this can take up to 40 working days to
obtain, do it now, it's valid for a year), next you'll need your birth certificate, an
original would be best, there are a series of inoculations that you need to have proof of
having - check with your doctor. Also you need to complete an affidavit of support(can't
remember the form number off-hand) as part of packet 3, essentially this is a form
declaring that someone will take financial responsibility for you for a period of time.
Your sponsor must have an income level exceeding specific levels set by the INS, the web
page has a link to this information. Again, it would be good to start collecting this
documentation now. If your wife is to be your sponsor, you should get her to complete the
relevant forms and obtain whatever documents she needs, is she is not able to sponsor you,
you need to find someone who can and do the same.

This is all stuff that you have to do, your lawyer can do none of it, so don't depend too
much on a lawyer if you hire one. Since this all takes some time, you don't really want to
spend a couple of months running around once your petition is granted, so get to work now.

There are people on this group with a great deal of knowledge and experience of the
processes involved in fiancée and spousal immigration and they are probably better able to
offer specific information about the process than I.

- Gordon