US Citizen moving back to US & wanting to file DCF in UK

[ELP 0]

HI All,

I am a US Citizen married to a Scotsman and living in Scotland. I have been here for over a year now and have a resident permit. Recently, I got a job in the states and we are planning on moving over. I leave in just a couple days but just last night we came across the DCF option for filing a visa. Would we be able to file a DCF here in the UK even though I'll be in the US at the time? Do I have to be present for the interview and living in the country? We would need to either apply at the London or Belfast Embassy, is this correct or does Edinburgh do it? If we can't go this route we'll have to go through the IR-1/CR-1 process from the US and file in Chicago which would take much longer and is not ideal. Any help or advice is appreciated!! Thanks!

[Penguin_ie 5,996]

Only London does Spousal visa interviews; you as the petitioner don;t need to be present, but you need top be resident in the UK when filing your I-130, so you'd need to do that before you move back to the USA.

[ELP 0]

Only London does Spousal visa interviews; you as the petitioner don;t need to be present, but you need top be resident in the UK when filing your I-130, so you'd need to do that before you move back to the USA.

So as long as I submit the I-130 before I leave for the states on Monday we should still be able to go through the DCF process even though I'm not technically living in the UK any longer? Is this right? Should I list my UK address on the I-130 form then? Thanks for the help!

[Penguin_ie 5,996]

Yes. It is technically better to wait until the I-130 to move, just in case they have questions for you, but as long as you have been resident in the UK for the 6 months immediately prior to filing, you are allowed to file DCF.