UK DCF -- the ins and outs and ups and downs

[Andrea&Mal 1]

Sorry, should have said that I've been living in Glasgow for the past six years and have been employed since January 2007. I think this may mean I don't have to provide extra evidence for a marriage license? Ugh, too many forms!

Andrea

[scrosso 0]

However, I am only planning to be here in Scotland for just eight more weeks. Will this be a reasonable amount of time to get married and complete and file the I-130? I thought it would, but saw a mention earlier about a very long wait for approval for a non-uk citizen to marry here. Also, considering we have just gotten engaged and don't live together, I think we'd run into problems establishing our relationship for the I-130. From what I understand, as soon as I apply for the I-130 I am free to leave the country and return home?

Hi Andrea, I may have been the one to mention about non-UK citizens and time to get married. We had to apply for a certificate of approval to marry, which took 2 months - this is apparently the norm. It then takes another 14 days to register your intent to marry at your local registry office. I would therefore say you do not have time to do this.

However, 1 previous poster got married in the USA as there are no such rules - so if you could do that in the next couple of weeks, that should give you enough time for that side of things and then submit your I-130.

We were strangely not asked for an RFE after submitting I-130 but did expect one, we can only imagine because we have lived togther for 3 years previosuly it was fine. As this is not the case for you, i would expect one. The RFE does seem ok to prove, but might be worth if you do get married e.g. in the USA, get some family or friends there, i can only imagine that would help showing commitment from family etc.

Which leads me on to your final time line problem. I cannot say for sure, but i understand the petitioner can not leave the UK until the I-130 has been approved - not when you submit, and therefore you may be pushing it for time, if you cannot be flexible on when you leave.

Hope this helps.

[Andrea&Mal 1]

I double checked the marriage requirements, because I've been a resident in the UK for longer than two years, I don't have to complete a certificate for approval to marry. Just the normal 14 days to register and we can marry.

However, I haven't heard that the petitioner cannot leave the country until the application is approved. Thanks for bringing this to my attention, I'll do some research into this.

[Christi85 86]

I double checked the marriage requirements, because I've been a resident in the UK for longer than two years, I don't have to complete a certificate for approval to marry. Just the normal 14 days to register and we can marry.

However, I haven't heard that the petitioner cannot leave the country until the application is approved. Thanks for bringing this to my attention, I'll do some research into this.

Are you a dual UK/US national? Or a dual US/EU national? If none of those, then you do need a certificate of approval. Any person who needs a visa to live and work in the UK needs to get permission from the Home Office to marry in the UK, and the process takes between a month and 3 months.

Have you checked the Home Office website where all this is explained?

http://www.ukba.homeoffice.gov.uk/while-in-uk/marriageandcivilpartnership/eligibility/

My husband (USC) has been living in the UK for 3 years, yet he still needed a certificate of approval, which is why we decided to get married in the US instead where I only needed my passport to get the marriage license.

[scrosso 0]

I have to agree with Christi85, my other half had been over here for 6 years and we were still required to get a certificate of approval.

[Andrea&Mal 1]

Yes, you're all right! Obviously why I came here first before doing anything.

Back to the drawing board for us, but thanks for the help. Nothing can ever go easily, can it?

[MattL 0]

Absolute rubbish that the petitioner cannot leave the country until the I-130 is approved!!! Where does it say that? I actually called the London embassy a few days ago and verified that is I submitted the application as a petitioner and subsequently moved to the US while waiting for the process to play out would it be a problem and they said no.

Just registered now as I saw this and wanted to set the record straight :-)

[Matt_UK 0]

Indeed, it is the point the application is filed that they need to be in the country. However if you have any complications it may be better for them to be around/capable of being around to resolve them.

My wife moved back to the states between I-130 approval and the CR1 application.

[mcclapa 0]

Hi!

I am wondering if anyone can confirm a couple of things for me regarding the I-864 application. Apologies if they seem a bit odd but I just want to make sure I cross all of the T's and dot all of the i's correctly.

1)I am living in the UK with my husband so I should use our address here in the UK in boxes 11 and 12 of Part 4 where it asks for my mailing address and place of residence, correct? In terms of claiming domicile, I just want to make sure I shouldn't put the permanent US address that I use in the US in the 'Place of Residence' section.

2) We are using my mother as a joint sponsor and as far as I can tell with the reading that I've done, even though she is my mother, she would not qualify as a household member as I am living in the UK even though I use her address as my permanent US address for US credit card bills, US bank statements, etc. So she should be filling out a joint sponsor form and not a household member I-864A form...is that correct?

Hi...just wondering if anyone could confirm these questions I posted about the I-864 please? Interview is next week and want to make sure we have the right form. Thanks!

[Christi85 86]

Hi...just wondering if anyone could confirm these questions I posted about the I-864 please? Interview is next week and want to make sure we have the right form. Thanks!

It would be best if someone who has already had their interview could respond to you.

Both points sound correct from what I've heard from other people. Yes, you put your UK address on the residence part. I'm unclear about domicile (would it be UK or US?)- can anyone help?

Re the joint sponsor forms: yes, it sounds like your mother needs to fill out an I-864 as well, as you're not living with her at the moment. To be honest though, just to be sure, why don't you have her fill out an I-864A too and see which one the CO asks for at the interview?

Good luck and don't forget to let us know how it goes!

[mcclapa 0]

Thanks Christi85...good to have confirmation that everything seems right!

[Matt_UK 0]

Not sure on point 2, since she will be a household member when you need the support but isn't at the moment. It sounds like you have it right but I'm not in a position to definitively say.

For question 1;

My wife the USC was back in the states by the time I had the interview so she used the American address. This certainly helped with domicile ^^.

All you need to prove though is that you have made steps to re-establish domicile, so you can live in the UK without issue. You will need to produce some evidence that you are going to be domicile in the states. Common items are;

- Rental agreements

- Mover quotes

- Keeping ties (bank account/driving license/taxes)

- Job offers

That kind of thing anyway.

[mcclapa 0]

My husband had his interview on Friday (3 September) and his visa was approved...hoorayyyyyyy!!!!!!! I will type up a description of how it went but just wanted to say thanks to everyone who has helped and contributed to the forums...it has been a massive help!

Mcclapa

[scrosso 0]

Congrats Mcclapa. That is great news!

Out of interest, on your packet 3 did you put a date of intended travel? We sent our packet 3 a weeks after yours and are still yet to hear anything. We put our intended date of travel as 10th November, so there is no rush but was wondering if they take this into account.

[mcclapa 0]

Congrats Mcclapa. That is great news!

Out of interest, on your packet 3 did you put a date of intended travel? We sent our packet 3 a weeks after yours and are still yet to hear anything. We put our intended date of travel as 10th November, so there is no rush but was wondering if they take this into account.

Thanks scrosso,

I think the date of travel could make a difference. We put 17 of September as our date of travel. I have read in another post that someone put a later travel date and the embassy gave them an interview closer to that time rather than as soon as an appointment became available. If memory serves correctly, they contacted the embassy and they changed the appointment date. Best of luck...let us know how it goes!