DCF Help

[frali 2]

Thanks KSA2USA What stage have you guys reached in your visa journey?

We are based in London. I am still in the process of checking if they would accept our I-130. I will keep you all posted.

Thank you all for your help and support.

I am almost positive you will not get a straight answer about whether they will accept the I-130 until you actually submit it. I have also never heard of anyone being charged for the I-130 petition and then being told they were not eligible to submit it - it would just be returned and no payment taken. So you will probably really just need to go for it. Make sure things like a copy of the lease/mortgage and council bill are included along with a copy of the USC's passport page with the UK visa and arrival stamp.

Not sure if you've thought about this, but you won't receive your money back from the US service center. But it really is so much faster and better to go through London directly that it should take the sting out the money lost.

Thanks for the post MargotDarko

Yeah I really don't care about the money and would prefer to go through the London DCF route. I have heard that they don't accept LLR applicants but you had applied with LLR so that gives me some hope. Wish me luck

[MargotDarko 0]

Thanks KSA2USA What stage have you guys reached in your visa journey?

We are based in London. I am still in the process of checking if they would accept our I-130. I will keep you all posted.

Thank you all for your help and support.

I am almost positive you will not get a straight answer about whether they will accept the I-130 until you actually submit it. I have also never heard of anyone being charged for the I-130 petition and then being told they were not eligible to submit it - it would just be returned and no payment taken. So you will probably really just need to go for it. Make sure things like a copy of the lease/mortgage and council bill are included along with a copy of the USC's passport page with the UK visa and arrival stamp.

Not sure if you've thought about this, but you won't receive your money back from the US service center. But it really is so much faster and better to go through London directly that it should take the sting out the money lost.

Thanks for the post MargotDarko

Yeah I really don't care about the money and would prefer to go through the London DCF route. I have heard that they don't accept LLR applicants but you had applied with LLR so that gives me some hope. Wish me luck

I applied even before it was changed to only having to have six months residence. It used be that they really said you had to have ILR, which meant no less than two years for most people. The main thing is for you to show that you've actually been a resident of the UK for at least six months and that it doesn't look like you were doing it just to do DCF. If the USC's name is on joint things like a lease/mortgage and council tax bills and you include a copy of the page with the visa and arrival stamp from May or even June of this year or earlier, you really should be on your way. Good luck!

[ksa2usa 0]

frali,

we applied 2 months ago, and we are just waiting for our interview. we should be going to the embassy someday soon to find out when it will be.

and Margot is right...you will not get a refund on the petition that you filed in the usa, but imo it's well worth it to just cut your losses and file in london, if you are able. it will save you alot of waiting and headache in the long run.

[MargotDarko 0]

Hi again, frali. I've noticed that you filed the I-130 in the US all the way back in early June this year. It would be unusual for a CR1 to take longer than a year from start to finish. Even if you file the I-130 in London before the end of this month and it only takes five months (which is pretty standard), you're only shaving off a month or a little more of time. Sometimes DCF in London can speed through in a little under four months, but that's only a couple months and a bit saved. I totally understand if that's worth it to you - just wanted to mention it.

[T and M 1]

Hi again, frali. I've noticed that you filed the I-130 in the US all the way back in early June this year. It would be unusual for a CR1 to take longer than a year from start to finish. Even if you file the I-130 in London before the end of this month and it only takes five months (which is pretty standard), you're only shaving off a month or a little more of time. Sometimes DCF in London can speed through in a little under four months, but that's only a couple months and a bit saved. I totally understand if that's worth it to you - just wanted to mention it.

You make a good point Margot. I know nothing about filing these things in the US, but our London DCF took almost six months. The I-130 petition usually takes 4 months, but you usually have to wait 6 weeks or so for the interview. I think DCF used to be MUCH quicker than filing in the US, but from what I have heard, the difference might have narrowed. If you filed 2-3 months back, it might do to wait. Do you think you will have to wait more than 5-6 months for your currently processing applications? If so, maybe it will be worth it. If not, I'm not sure.

As far as ILR and LLR, I applied for my wife from London with LLR...long term student visa....September 2006 until filing date in February 2008. They will definitely not charge you if you don't qualify. Its the first thing they check when you file the I-130. I actually had to send in more evidence that I had really been in the UK since September 2006.

Good luck!

[ksa2usa 0]

Hi again, frali. I've noticed that you filed the I-130 in the US all the way back in early June this year. It would be unusual for a CR1 to take longer than a year from start to finish. Even if you file the I-130 in London before the end of this month and it only takes five months (which is pretty standard), you're only shaving off a month or a little more of time. Sometimes DCF in London can speed through in a little under four months, but that's only a couple months and a bit saved. I totally understand if that's worth it to you - just wanted to mention it.

That's a good point! I'm not sure what I'd do if it wouldn't make a big difference time wise. I might just wait it out and see then. By the time they get your notice to withdraw your I-130 in the usa, your process might be close to being done anyways. Good luck on making your decision:)

[frali 2]

Thank you all for your posts and comments

First of all the reason I wanted to file in UK is because my spouse has been living in the UK for over a year now. This means that she doesn't have a domicile in the US which could have created problems if we had stayed with the fiings through NVC. As she has no earning in the US and thus no tax returns etc. Thus I believe legally we should file in UK as USC's place of residence is UK.

Second, I still believe that DCF is a faster way. On the US embassy website it says "As of November 20, 2008, we are adjudicating petitions filed on October 17, 2008." I am guessing this means they are dealing with applications filed in 2nd and 3rd week of October which is pretty fast. Thoughts?

[frali 2]

One more question. If they charge your credit card, does that mean they have accepted your DCF filings? Also, do they confirm the receipt of application by sending a confirmation letter and a case number? If so, how long does it take to receive the confirmation and case number?

Thank you all for your posts and comments

[T and M 1]

One more question. If they charge your credit card, does that mean they have accepted your DCF filings? Also, do they confirm the receipt of application by sending a confirmation letter and a case number? If so, how long does it take to receive the confirmation and case number?

Thank you all for your posts and comments

Typically, if they charge your credit card it means they have accepted that your USC spouse is eligible to file a I-130 on your behalf. Essentially, they accept that he/she is a resident in the UK. It does not mean that they have approved the I-130, much less the immigrant visa. That will take quite a bit longer.

Some people do not receive NOA1, and they only know that the I-130 was accepted for filing when the credit card is charged.

You do not receive a case number until you get Packet 3, which means they have accepted that you have a bona fide relationship, they have approved your I-130 and your foreign spouse is eligible to file a DS-230, application for immigrant visa.

It does look like the I-130 filings are moving more quickly now. When I applied they were taking around 3-4 months. Now it looks like that is down to 1-2 months. Keep in mind, however, that once the I-130 is filed you have to file the DS-230, which is likely to take another 4-6 weeks. After filing the DS-230 you have to get the medical check-up done and wait for Packet 4, which will include your interview date.

The whole process used to take 4-6 months. Now it looks like it MIGHT be taking something like 3-4 months. That is VERY good news.

[ksa2usa 0]

Thank you all for your posts and comments

First of all the reason I wanted to file in UK is because my spouse has been living in the UK for over a year now. This means that she doesn't have a domicile in the US which could have created problems if we had stayed with the fiings through NVC. As she has no earning in the US and thus no tax returns etc. Thus I believe legally we should file in UK as USC's place of residence is UK.

Second, I still believe that DCF is a faster way. On the US embassy website it says "As of November 20, 2008, we are adjudicating petitions filed on October 17, 2008." I am guessing this means they are dealing with applications filed in 2nd and 3rd week of October which is pretty fast. Thoughts?

Your wife, the USC, has to still have domicile in the USA even if she's lived abroad for a year. She still has to prove her residency in the USA and that she didn't leave on a permanent basis, and she still has to provide tax returns, or strong proof of a reason for not filing, such as not having an income. Does she still have a registered adress in the USA, such as a parent's or friend's home? They will also need to know where you intend to live once you get to the USA so you will need an adress for that reason too.

The statement above about adjudicating petitions only means the I-130, it doesn't include the times for the other forms you need to file, as well as your medical, and waiting for you interview.

[T and M 1]

Thank you all for your posts and comments

First of all the reason I wanted to file in UK is because my spouse has been living in the UK for over a year now. This means that she doesn't have a domicile in the US which could have created problems if we had stayed with the fiings through NVC. As she has no earning in the US and thus no tax returns etc. Thus I believe legally we should file in UK as USC's place of residence is UK.

Second, I still believe that DCF is a faster way. On the US embassy website it says "As of November 20, 2008, we are adjudicating petitions filed on October 17, 2008." I am guessing this means they are dealing with applications filed in 2nd and 3rd week of October which is pretty fast. Thoughts?

Your wife, the USC, has to still have domicile in the USA even if she's lived abroad for a year. She still has to prove her residency in the USA and that she didn't leave on a permanent basis, and she still has to provide tax returns, or strong proof of a reason for not filing, such as not having an income. Does she still have a registered adress in the USA, such as a parent's or friend's home? They will also need to know where you intend to live once you get to the USA so you will need an adress for that reason too.

The statement above about adjudicating petitions only means the I-130, it doesn't include the times for the other forms you need to file, as well as your medical, and waiting for you interview.

Ditto. Part of the DCF application process is showing that the US citizen spouse maintains some limited residency in the US. It's a bit weird, b/c they have to prove that they live abroad for an extended period (ie, not just on vacation) and they also have to show that they maintain some residency in the US. This includes continuing to renew the drivers license....activity on US bank accounts. But most importantly, as ksa2usa said, you have to have a US address where you plan to immigrate to. "Intent to establish residency" in the US is very important for DCF. And to do this you have to show that your US citizen spouse has residency. I had to show a letter from my university explaining that I had been given permission to finish my degree in the US, US tax returns for the past three years, my valid US drivers license, and activity on US bank accounts that go to a US address. (I am in the US citizen spouse, and we went through London.)

You will probably be fine, but if your spouse does not have tax returns or any mail going to her at a US address, that could cause some problems or delay with the DCF.

[MargotDarko 0]

Also on the domicile note, when it comes time to do the I-864, makes sure she puts USA for domicile. It's different from where she currently lives and she has to have US domicile to sponsor you for the visa.

[frali 2]

Just to update you all, our credit card was charged by the Embassy even though I have not yet received a confirmation email/postcard (NOA1). We had sent a self-addressed stamped envelope so hopefully they'll use that and send us a confirmation by mail.

Can I confirm that once our I-130 is approved, do we pay the $400 in cash or can we pay by card? If it's in cash, do we need to take US dollars with us or would they accept pounds in $400 equivalent?

[T and M 1]

Just to update you all, our credit card was charged by the Embassy even though I have not yet received a confirmation email/postcard (NOA1). We had sent a self-addressed stamped envelope so hopefully they'll use that and send us a confirmation by mail.

Can I confirm that once our I-130 is approved, do we pay the $400 in cash or can we pay by card? If it's in cash, do we need to take US dollars with us or would they accept pounds in $400 equivalent?

We never got NOA1. Your credit card being charged is the equivalent. Now you just have to wait for Packet 3.

When you have an interview, you should have to pay the money there. I think cash or credit is accepted.

[MargotDarko 0]

Just to update you all, our credit card was charged by the Embassy even though I have not yet received a confirmation email/postcard (NOA1). We had sent a self-addressed stamped envelope so hopefully they'll use that and send us a confirmation by mail.

Can I confirm that once our I-130 is approved, do we pay the $400 in cash or can we pay by card? If it's in cash, do we need to take US dollars with us or would they accept pounds in $400 equivalent?

We never got NOA1. Your credit card being charged is the equivalent. Now you just have to wait for Packet 3.

When you have an interview, you should have to pay the money there. I think cash or credit is accepted.

Yep, the visa fee is not paid until the interview. And you can pay in cash or card and GBP or USD.