Sanity Check needed on visa application for non-US spouse

[Stann 3]

Your wife can do direct consular filing for you and she will not have to visit the embassy. Just make sure you mail the paperwork from inside the UK. Direct consular filing is much quicker, you would apply for an IR1 as you have been married since 2007. You were given bad advice, you dont need to file from the US just because you got married there, my husband and I were married in the US (he is the USC, me UKC), we then lived in London and did DCF to move back to the US. It took pretty much 5 months exactly. However it will be good for your case that your wife is already back in the US as it will show she has ties to the US and you guys are putting roots down there. My hubby went over about 2 months before me. If your wife is not working she will need a co-sponsor when it gets to the I-864 as she will need to prove she can support you financially. You can find a lot more info on VJ about that, you have a while to get that stuff together as its a bit further down the line yet. Good luck

[Nich-Nick 3,354]

My wife would still be considered resident in the UK as she has ILR (Indefinate Leave to Remain). Are you saying that she could do a direct consular filing? The only issue would be if she were needed to go to the embassy however, as we can't really leave our two dogs unattended. Also, I'm not really looking to give them any reason to turn us down as such (but I'm interested in none-the-less in a quicker option). Also, my wife was originally told that as we got married in America, she would have to file there instead of here, hence why she moved (a costly mistake?).

Here's the London DCF instructions http://london.usembassy.gov/dhs/uscis/i130filing.html

Difference is

1. I-130 is mailed to USCIS office within the embassy in London. They are currently approving petitions from Sept.
   
2. Instead of transfer to NVC, the transfer is to the Immigrant visa Unit in London.
   
3. You file forms with the IV Unit http://london.usembassy.gov/ivprocess.html and get a medical exam.
   
4. London IV unit gives you an interview date
   
5. You bring documents to the interview (instead of mailing to NVC like the other IR1/CR1s do). http://london.usembassy.gov/application_documents.html
   

In a way, once your I-130 is approved, the process is similar to a K1 visa because you aren't dealing with a couple of months at NVC. Your forms are different, but the process of mailing application to the IV unit, waiting on London to notify you of appointment, then taking your documents to the interview is the same.

[MajorFaff 0]

So it's OK for her to apply with DCF in the UK, as long as A) It's posted here B) She has residency ? Bear in mind that she is in the USA a present even though she has Indefinate Leave to Remain here, so any address on the paperwork would show here being in the USA.

An additional question then is why don't more people do DCF if it's meant to be that much quicker?

[pushbrk 13,178]

So it's OK for her to apply with DCF in the UK, as long as A) It's posted here B) She has residency ? Bear in mind that she is in the USA a present even though she has Indefinate Leave to Remain here, so any address on the paperwork would show here being in the USA.

An additional question then is why don't more people do DCF if it's meant to be that much quicker?

It's not meant to be quicker. It just is. Most of the members here are couples who have not yet lived in the same country.

Check with Embassy about filing a DCF petition showing the USC's address in the USA. I doubt they'll accept it but they might.

[Nich-Nick 3,354]

So it's OK for her to apply with DCF in the UK, as long as A) It's posted here B) She has residency ? Bear in mind that she is in the USA a present even though she has Indefinate Leave to Remain here, so any address on the paperwork would show here being in the USA.

Well, maybe if she considers her permanent address in the UK with you, where she has lived for a long time and she is only visiting in the US staying with her parents while she tries to make plans for a relocation. So her paperwork would show her permanent address in the UK with you. I dunno...just thinking out loud here

[MajorFaff 0]

Thank you :-) Thank goodness for this forum, I would have been filing for a K3 else *thumbs up*

[Stann 3]

I agree with Nich-Nicks thoughts

[pushbrk 13,178]

I agree with Nich-Nicks thoughts

Bingo.

[MajorFaff 0]

Thank you for all the replies. I don't think I'm totally comfortable applying for the DCF without checking. I will ring them just in case.. but I think if it was realised that my wife was already in the states it could end up getting messy, and the last thing I want to do is get barred from the states because of a technicality. This is kinda heart breaking obviously..as it doubles the time away from my wife and little girl (And yes I miss her so much, it's incredibly hard. Not only that it's hard for my wife), but the risk possibly isn't worth it. (even though it's a small risk, and basically a completely pointless thing to stop someone from doing a DCF).

Edited December 6, 2011 by MajorFaff

[rika60607 215]

You worry too much.

It is possible to be resident of two countries - I know because I was. Your wife is legally a UK resident. Do you still live in the same house? Then there must be bills or something in her name. Do you have a joint bank/ credit card accounts in UK, may be health insurance? Voila, not only she is a resident, but you can also prove it. She did not file any "exit" documents, did she?

That she spent last 3 months in the US living with her parents - will only help you two to prove that you have the intention of moving to the US. One catch with DCF is that the US citizen has to establish domicile and that can be tough for someone who did not live in the US for a while (requires job offer, apartment lease, kids school enrollment etc). She just went ahead of you to establish domicile

And yes, by all means call/e-mail the embassy to find out about the procedure and expect a positive outcome

Thank you for all the replies. I don't think I'm totally comfortable applying for the DCF without checking. I will ring them just in case.. but I think if it was realised that my wife was already in the states it could end up getting messy, and the last thing I want to do is get barred from the states because of a technicality. This is kinda heart breaking obviously..as it doubles the time away from my wife and little girl (And yes I miss her so much, it's incredibly hard. Not only that it's hard for my wife), but the risk possibly isn't worth it. (even though it's a small risk, and basically a completely pointless thing to stop someone from doing a DCF).

[MajorFaff 0]

Rika> No, we don't still live in the same house. I moved in with my parents in a bid to save money, so I purely pay them now... I don't have any 'utility' (gas/elec/tel) bills in even my name either now that's all paid by my parents.

She did not file any 'exit' documents that I'm aware of, she just flew to the USA with our little girl.. and a week later I sent the two dogs over.

[rika60607 215]

You can actually ask the embassy what are the criteria that make US citizen spouse eligible to file I-130 with them. It's probably just having the right kind of visa/status. As long as the embassy accepts your documents, you are fine.

If they refuse to take your file, it will have no bearing on processing of your paperwork stateside. Never lie to them though!

Rika> No, we don't still live in the same house. I moved in with my parents in a bid to save money, so I purely pay them now... I don't have any 'utility' (gas/elec/tel) bills in even my name either now that's all paid by my parents.

She did not file any 'exit' documents that I'm aware of, she just flew to the USA with our little girl.. and a week later I sent the two dogs over.

[Darnell 8,479]

Tick Tock! Tempus Fugit !! whilst DCF is available to you now, it won't be soon.. Be On Notice about the dates she's out of USA.

Good Luck , regardless !

Edited December 8, 2011 by Darnell

[Stann 3]

I agree with Rika you are worrying too much - although my husband is the USC I filled out all the paperwork in London (just had him sign and date where neccesary as paperwork is not his strong point lol) and they never once asked him anything / called him etc. He did not have to attend anything or appear at the interview. All you need to do is prove your wife has legal UK residency and show some joint paperwork even a joint bank statement or credit card bill. As other posters have said she is currently in the US planning for your relocation which will help your case.

But its your choice, good luck with whatever you choose.

[himher 634]

Advice is to file DCF soonest.

Unfortunately, even though the process is quicker consideration should be given to how to overcome the I864.

It will come up.

Two things apply: Income and assets. If you, as a family, can show assets valued at (three) times the difference between your wife's US (actual) income and the USCIS required family income you can use those assets to make up the shortfall.

Otherwise you appear to have an excellent DCF case with a bonus - your wife will be able to show actual, real intention to establish residency as opposed to those of us who filed DCF and stayed put(remained overseas) through the entire process.

I don't know how I managed to miss the IR-1/CR-1 section. I shall moved my other questions there.. or perhaps a mod could move it for me?

My wife would still be considered resident in the UK as she has ILR (Indefinate Leave to Remain). Are you saying that she could do a direct consular filing? The only issue would be if she were needed to go to the embassy however, as we can't really leave our two dogs unattended. Also, I'm not really looking to give them any reason to turn us down as such (but I'm interested in none-the-less in a quicker option). Also, my wife was originally told that as we got married in America, she would have to file there instead of here, hence why she moved (a costly mistake?).

Edited December 8, 2011 by himher