Greetings & Questions

[ny_2_uk 0]

Hi there!

My English husband and I have been living in London since August 2005, shortly after we were married in July 2005. I am an American living here on a British Spousal visa.

I have read thru alot of the posts and sticky topics; they are very informative and helpful. Our situation has some unique twists & turns so Id like to kindly ask from some advice.

My husband and I met while we were working at Disney in Florida. He was on a Q1 Visa for one year. During that time, he acquired a Social Security number.

Before we got married, we had decided to live in the US after our wedding. We applied for an American Fiancee Visa. He was approved. But a few months before the wedding, we decided to live in London after the wedding. He still entered the US on his Fiancee Visa {valid for only one entry.}

We are speaking about going back to the US for a few years for various reasons. We want to permanently settle in the EU after our possible time in the US.

I have understood from reading this website that our most practical visa would be the DCF. But I have read that I must be here {or be married} for 2 years prior to applying. Our 2 years of marriage and residency in London will be August 2007. We do not mind waiting that long but if we wanted to do it sooner, is it possible?

Also, since my husband already has a Social Security number, 2 prior US visas, clean police record, passing approved medical exam from American Embassy in London and all the other documentation regarding him at the American Embassy {from the Fiancee Visa}, etc... Will this make the process go quicker?

I'm not sure I understand the DCF completely.... Is it almost a lottery where they approve some people to get their visa quickly while others are rejected and must go the 'slow route?' And may we apply earlier then the 2 years of our marriage/residency in London?

As an after thought to point out again, we do not plan to live in the US permanently. For now, we are looking at 2-3 years. We will then return to the EU. I know not to point this out to the authorities! If anyone knows of something that might stop us from returning to settle in the EU afterwards, I would like to be informed.

Thanks in advance for any thoughts and advice. I'm happy I found this website. I apologize for the simple questions but my head is muddled by these horribly low and dark clouds with rain we are experiencing in London right now.

[Boiler 45,507]

Hi there!

My English husband and I have been living in London since August 2005, shortly after we were married in July 2005. I am an American living here on a British Spousal visa.

I have read thru alot of the posts and sticky topics; they are very informative and helpful. Our situation has some unique twists & turns so Id like to kindly ask from some advice.

My husband and I met while we were working at Disney in Florida. He was on a Q1 Visa for one year. During that time, he acquired a Social Security number.

Before we got married, we had decided to live in the US after our wedding. We applied for an American Fiancee Visa. He was approved. But a few months before the wedding, we decided to live in London after the wedding. He still entered the US on his Fiancee Visa {valid for only one entry.}

We are speaking about going back to the US for a few years for various reasons. We want to permanently settle in the EU after our possible time in the US.

I have understood from reading this website that our most practical visa would be the DCF. But I have read that I must be here {or be married} for 2 years prior to applying. Our 2 years of marriage and residency in London will be August 2007. We do not mind waiting that long but if we wanted to do it sooner, is it possible?

Also, since my husband already has a Social Security number, 2 prior US visas, clean police record, passing approved medical exam from American Embassy in London and all the other documentation regarding him at the American Embassy {from the Fiancee Visa}, etc... Will this make the process go quicker?

I'm not sure I understand the DCF completely.... Is it almost a lottery where they approve some people to get their visa quickly while others are rejected and must go the 'slow route?' And may we apply earlier then the 2 years of our marriage/residency in London?

As an after thought to point out again, we do not plan to live in the US permanently. For now, we are looking at 2-3 years. We will then return to the EU. I know not to point this out to the authorities! If anyone knows of something that might stop us from returning to settle in the EU afterwards, I would like to be informed.

Thanks in advance for any thoughts and advice. I'm happy I found this website. I apologize for the simple questions but my head is muddled by these horribly low and dark clouds with rain we are experiencing in London right now.

You need ILR to file with the London Consulate.

He will not need another SSN, but otherwise his prior history is not relevant.

DCF - see first comment, you either qualify or not.

I can not see why returning in a few years is an issue or why you feel you can not mention it, it is not relevant anyway.

I believe you also have a right of abode in the EU as a spouse of a UK citizen, UK is much clearer.

[Anyta Holland 1]

You need ILR to file with the London Consulate.

He will not need another SSN, but otherwise his prior history is not relevant.

DCF - see first comment, you either qualify or not.

I can not see why returning in a few years is an issue or why you feel you can not mention it, it is not relevant anyway.

I believe you also have a right of abode in the EU as a spouse of a UK citizen, UK is much clearer.

That is not correct, you do not need ILR to DCF in London... I wrote in a post a few days ago that London is quite particular, and even though they require that you lived in the UK for a certain time (not sure how long) you will only know if they accept you DCF'ing by sending your I-130.

DCF is not a visa lottery, it is a process for those couples who live outside the USA...

I am not sure if his previous history in the USA will help or not... He might have to go through the Medical again, as I think I read somewhere that is valid for a year only, same with UK police certificates.

I would say that there is no slow or fast route for anyone, it depends on whether you gather the right paperwork and send it to embassy. I was told when I started that it would take from 6 to 8 months, and had we not put it on stand-by for a few months we could have problaby done it in about that time...

In my opinion, the I-130 is the form that takes the longest to process, after that, it goes like a breeze.. Or at least it has been like that for us... See my timeline for more info...

Hope this clears some things up...

[meauxna 15]

Hi there!

My English husband and I have been living in London since August 2005, shortly after we were married in July 2005. I am an American living here on a British Spousal visa.

I have read thru alot of the posts and sticky topics; they are very informative and helpful. Our situation has some unique twists & turns so Id like to kindly ask from some advice.

My husband and I met while we were working at Disney in Florida. He was on a Q1 Visa for one year. During that time, he acquired a Social Security number.

Before we got married, we had decided to live in the US after our wedding. We applied for an American Fiancee Visa. He was approved. But a few months before the wedding, we decided to live in London after the wedding. He still entered the US on his Fiancee Visa {valid for only one entry.}

We are speaking about going back to the US for a few years for various reasons. We want to permanently settle in the EU after our possible time in the US.

I have understood from reading this website that our most practical visa would be the DCF. But I have read that I must be here {or be married} for 2 years prior to applying. Our 2 years of marriage and residency in London will be August 2007. We do not mind waiting that long but if we wanted to do it sooner, is it possible?

DCF is not a type of visa, it is a type of petition filing. Normally the I-130 is filed in the US (to the proper Service Center). When the US citizen is living overseas, "normal" is filing the I-130 directly with the Consulate (DCF). With either filing type, the foreign spouse applies for an immigrant visa.

London is one office that has placed a residency requirement on USCs for eligibility to file I-130 with them. Because it is a faster process, a lot of USCs took up temporary residence in the UK so they could file in the shorter line.

A lot has changed since then anyway. You do not currently meet London's stated requirements for filing locally, but there is nothing stopping you from trying. If they will not accept your I-130, they will return your payment and forms to you with instructions to file in the US.

You say right here that you don't mind waiting for your residency in the UK to be appropriate. Why not just file now to the US? The timing will likely work out faster than waiting to file in London.

Also, since my husband already has a Social Security number, 2 prior US visas, clean police record, passing approved medical exam from American Embassy in London and all the other documentation regarding him at the American Embassy {from the Fiancee Visa}, etc... Will this make the process go quicker?

No. His previous immigration will not give him a shortcut other than already being familiar with the process, or at least the concept of it.

I'm not sure I understand the DCF completely.... Is it almost a lottery where they approve some people to get their visa quickly while others are rejected and must go the 'slow route?' And may we apply earlier then the 2 years of our marriage/residency in London?

Answered above.

As an after thought to point out again, we do not plan to live in the US permanently. For now, we are looking at 2-3 years. We will then return to the EU. I know not to point this out to the authorities! If anyone knows of something that might stop us from returning to settle in the EU afterwards, I would like to be informed.

Thanks in advance for any thoughts and advice. I'm happy I found this website. I apologize for the simple questions but my head is muddled by these horribly low and dark clouds with rain we are experiencing in London right now.

Even if it is not a permanent move to the US, there is no way for your husband to live and work in the US for a couple of years--Permanent Residency is the "best" option. My husband and I faced much the same issue--actually we wanted to live half time in the US and half time in Europe--there just is no visa for that. We opted instead to move to the US until he gets his US citizenship (this summer!) and then we'll be free to move about as we please. You might consider that option; if your husband moves out of the US when he is a PR, he will have to re-immigrate if/when you two want to return.

Hope that answers your questions.