DCF from the US?

[Christi85 86]

I was wondering something else.

You know how airlines ask you to share your details and information when you are going to fly to the US from abroad? Even if you are a US citizen? I know they do this because they have to share these data with the Immigration authorities in the US, and of course even USCs have to fill out landing cards when they land, even though their passports aren't stamped or anything.

So I was wondering if sending the petition while in the US could affect your chances for DCF, because if they do any initial checks before accepting your petition for filing, they may be able to find out that you're in the US at the time of filing. In which case they're perfectly entitled to think that you have moved back to the US, return the application and instruct you to file in the US. And from stories we've heard here and in other forums, once they've made up their mind that you're not eligible for DCF, it's very hard to convince them about the opposite, even if you present true and compelling evidence (e.g. people have presented leases of property, evidence of work in the UK etc. after their first denial for DCF, and the answer was still along the lines of "we are not convinced the UK is your principal residence, so you need to file in the US"). This is because filing in the US is the rule and DCF is only meant to be a discretionary service to US citizens residing abroad, but only for those who meet very specific and relatively strict criteria.

All that said, it may be safer to file DCF from the UK once you come back from your visit. If you decide you don't want to come back, even if you do hold a valid UK visa, then you'll have to file in the US as you won't be a UK resident anymore.

[Unknown1983 0]

I have read the London Embassy's website, and I can prove the residency requirements. I was just curious if anyone in a similiar situation has tried this.

[txladykat 1]

Just a bit off the topic of filing from the US (I agree with those comments), you will not have to purchase an airline ticket for your baby. If they child is under a certain age (I think 1 year) and they are in your lap, the airlines don't require you to purchase a ticket for the child. I agree that it isn't worth the risk because they can check to see if you are in the US at the time you filed by simply checking your passport travel. If they deny you, then the only option is to return to the UK and fight it out or file from the US, which takes a long time to do.