Is it definate FLR spouse cannot DCF there foreign nat in UK

[geedouble 0]

I cannot see this mentioned in black and white only from a few forum snippets.

Thanks

[broma25 2]

how long have you held FLR?

[YuAndDan 153]

DCF is a process used in cases of petition for immediate relatives of U.S. citizen, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the application filed for them is approved by the USCIS.

An LPR requires a visa number in order to get a visa for a spouse, visa numbers are issued in an order of preference, and only a set number are available per year.

Who is Eligible?

People who want to become immigrants are divided into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the application filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for a visa to become available according to the following preferences:

• First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
  
• Second Preference: Spouses of lawful permanent residents, and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their children.
  
• Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
  
• Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.
  

http://www.uscis.gov/graphics/howdoi/immvisa.htm

National Visa Center

GENERAL INFORMATION

In April of 1994 the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant. When an applicant's case is about to become current (a visa number is likely to be available within the year), the petition is forwarded to the appropriate U.S. embassy or consulate overseas.

http://travel.state.gov/visa/immigrants/ty...types_1309.html

[geedouble 0]

Thanks Broma, She just got here as my spouse .

7 days LOL

Sorry my post may be vague, let me ilaborate.

I married a USC in USA she got her UK spouse visa and we both came here, her status is FLR for 2 years.

Can we DCF in the new year or do we definately have to wait 2 years untill she gets ILR. If so we will K3 i suppose.

Thanks

g

Edited October 25, 2006 by geedouble

[aussiewench 9]

YuAndDan

The OP mentioned FLR not LPR. Big difference. FLR is Further Leave to Remain, is UK based, and is an initial settlement visa.

Edited October 25, 2006 by aussiewench

[meauxna 15]

Thanks Broma, She just got here as my spouse .

7 days LOL

Sorry my post may be vague, let me ilaborate.

I married a USC in USA she got her UK spouse visa and we both came here, her status is FLR for 2 years.

Can we DCF in the new year or do we definately have to wait 2 years untill she gets ILR. If so we will K3 i suppose.

Thanks

g

7 days? Why do you want to DCF now?

At any rate, the importance isn't so much what *kind* of stamp the USC has, but how long they have actually, really lived in the UK. 7 days does not cut it.

If you want to move to the US, file I-130 through the Service Center in the US, per the instructions. Follow up with the I-129f for a K-3 if you like.

[broma25 2]

I think that you both need to think long and hard about where you want to live. As she has only held FLR for 7 days you will not be able to do DCF.

You may need to consider your options as the immigration process is not only costly in terms of money but very stressful too.