Jump to content
scrosso

Residency in the UK

 Share

4 posts in this topic

Recommended Posts

I think i am having stress attacks and only am still only in the researching stage.

The more i read the more questions i keep on coming up with, and this one seems to be the biggest problem of them all.

My Wife to be (the US citizen) has been in the UK for 6 years, 4 of which were studying and on a study visa, and the last 2 have been on a Tier 1 post graduate visa that will expire at the end of 2010. Although she has worked and lived here for all this time, will this be enough to even file the I-130? I have not seen anywhere of anyone similarly on a Tier type visa, and a few posts have hinted at the need for indefinite leave to remain which is not the case in this situation.

All help is appreciated, as I try to stay away from an early heart attack.

sr

Our Story

Met in September 2006 through a mutual friend (S being the UK citizen) P studying over here at an American Uni (she is originally from NY)

Xmas 2006 S went to visit P's family (repeated very year since)

2007 moved in together

3rd January 2010 - S asked P to marry him in NY she said yes

8th May 2010 - married in London at Morden Park House

20th May - sent in I-130

22nd July - I-130 Approved

24th July - Packet 3 received

31st August - Medical

Moving out of our flat in London on 1st September, P returning to set up home in NY.

10th November 2010 - the plan will hopefully be for P to fly back to London and together take a transatlantic cruise together across to NY with visa in hand.

Link to comment
Share on other sites

I think i am having stress attacks and only am still only in the researching stage.

The more i read the more questions i keep on coming up with, and this one seems to be the biggest problem of them all.

My Wife to be (the US citizen) has been in the UK for 6 years, 4 of which were studying and on a study visa, and the last 2 have been on a Tier 1 post graduate visa that will expire at the end of 2010. Although she has worked and lived here for all this time, will this be enough to even file the I-130? I have not seen anywhere of anyone similarly on a Tier type visa, and a few posts have hinted at the need for indefinite leave to remain which is not the case in this situation.

All help is appreciated, as I try to stay away from an early heart attack.

sr

I have been able to anser my own question.

For future reference for anyone.

If you are interested in DCF in London, you must have been resident in the UK for at least 6 months with an appropriate status (LLR/ILR/spousal/long-term student/work, etc.) Tourist visas and the VWP are not acceptable for establishing residence in the UK.

Our Story

Met in September 2006 through a mutual friend (S being the UK citizen) P studying over here at an American Uni (she is originally from NY)

Xmas 2006 S went to visit P's family (repeated very year since)

2007 moved in together

3rd January 2010 - S asked P to marry him in NY she said yes

8th May 2010 - married in London at Morden Park House

20th May - sent in I-130

22nd July - I-130 Approved

24th July - Packet 3 received

31st August - Medical

Moving out of our flat in London on 1st September, P returning to set up home in NY.

10th November 2010 - the plan will hopefully be for P to fly back to London and together take a transatlantic cruise together across to NY with visa in hand.

Link to comment
Share on other sites

If you are interested in DCF in London, you must have been resident in the UK for at least 6 months with an appropriate status (LLR/ILR/spousal/long-term student/work, etc.) Tourist visas and the VWP are not acceptable for establishing residence in the UK.

To clarify do you mean 6 months of having the appropriate status or 6months total stay and currently having the appropriate status?

Link to comment
Share on other sites

To clarify do you mean 6 months of having the appropriate status or 6months total stay and currently having the appropriate status?

I believe you must have been in the UK for 6 months on the appropriate status. My partner has been here for 6 years. 4 years on a student visa (which would not count as being a resident) and 2 years on a tier 1 working visa (which is what we are hoping, will count). She also has over 6 months left on this visa (I think the prerequisite is you have at least 3 months left).

Our Story

Met in September 2006 through a mutual friend (S being the UK citizen) P studying over here at an American Uni (she is originally from NY)

Xmas 2006 S went to visit P's family (repeated very year since)

2007 moved in together

3rd January 2010 - S asked P to marry him in NY she said yes

8th May 2010 - married in London at Morden Park House

20th May - sent in I-130

22nd July - I-130 Approved

24th July - Packet 3 received

31st August - Medical

Moving out of our flat in London on 1st September, P returning to set up home in NY.

10th November 2010 - the plan will hopefully be for P to fly back to London and together take a transatlantic cruise together across to NY with visa in hand.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...