DCF in London or US - confused

[potfish 5]

Hi all,

I'm new here. Have searched through some similar threads and found lots of useful info but some is quite old so not sure if it's still relevant.

Our situation is as follows. My (now) wife moved to the UK in March this year on a SET(M) visa, we married in April and then last month she got her Further Leave to Remain FLR(M) to stay in UK and allow her to work.

It is and always has been our intention for our time together in the UK to be temporary, so now we're looking at how to move together to the US. [in retrospect it might have been easier to skip the UK thing and just have me move straight to the US but we did have reasons, and it's too late now anyway]

Firstly I'm wondering if her FLR(M) status is sufficient to allow us to file the I-130 in London once she's been here 6 months, or does it need to be Indefinite Leave to Remain? I have found contradictory info.

Alternatively I wonder if we can file in the US even though she's currently here in the UK. From what I read this takes longer to process.

Minimum time apart is much more important to us than speed of processing. We survived a long distance relationship and are finally together; the idea of separating again is hard.

Thanks in advance if anyone can offer advice.

Edited June 1, 2010 by potfish

[Darnell 8,478]

DCF is never in USA. I suggest you file DCF in London, today.

Good Luck !

Edited June 1, 2010 by Darnell

[potfish 5]

Thanks for the quick reply.

"Today" - really? In all my surfing I've never seen anyone approved after that short a residence of the US citizen in the UK. I'd be delighted if we could stand a chance of doing it straight away.

Re: DCF, yes my terminology was incorrect. So I mean DCF in London or SCF in US.

[Darnell 8,478]

No, sorry - my bad - I dinna mean 'today', after all. I mis-spoke. Seriously.

FLR(M) is not a tourist visa, right? More 'residence' than 'tourist', yes? Is more weight with it, since she's allowed to work, IIRC

If that's the case - sure - take that March arrival timetick from the SET(M) visa, move forward 6 months, file after that.

[inloveVEN 46]

Hi

Sorry, but for me is not clear wich of you is the USC.

You are talking about Direct consular filing ( DFC )? if this is the case, i hardly suggest you to check the web page of London Consulate. London Consulate

One of you have to be an USC and legal resident in UK to file a petition for the other using DCF path.

[potfish 5]

Hi

Sorry, but for me is not clear wich of you is the USC.

You are talking about Direct consular filing ( DFC )? if this is the case, i hardly suggest you to check the web page of London Consulate. London Consulate

One of you have to be an USC and legal resident in UK to file a petition for the other using DCF path.

My wife is the USC, I am a UKC. She is now legally resident in the UK on FLR(M) visa which is a 2 year residency/work permit obtained through marriage to me, UK citizen. But she's only been here a couple of months. The London consulate says she needs to "have permission to reside AND [...] do principally reside in the United Kingdom." - it's the second part of this that is unclear.

To be honest we have 2 paths - wait until 6 months have passed since she moved to the UK, apply in London and waste some time if it's refused, or go straight to filing in the US which seems to take a little longer but more likely to succeed first time. Still not sure which is better for us.

Cheers

[Christi85 86]

Limited leave to remain is not a problem, as long it hasn't expired when she applies.

I'd suggest applying in London once your wife has completed 6 months of living in the UK. It will be much quicker than applying directly to the US. And most likely you won't have to be apart at all, as it takes 4-6 months from start to finish in London.

Good luck!!