DCF UK - UK Entry Clearance

[someshine 0]

My I-130 Petition for Alien Relative filed at the London USCIS was rejected for the following reason:

"Your UK Residency Clearance expired on July 28, 2013. To be eligible to file your I-130 with this office you will need to provide a valid UK Entry Clearance along with the expired one to show that you have been residing in the UK for six months."

The checklist asks for the following, and I provided the first one:

Proof of UK Residence: The U.S. petitioner must provide evidence that he/she has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months.

Submit a copy of one of the following:

 Appropriate UK Entry Clearance Stamp(s); OR

 If Dual National, EU Passport – photo page; OR

 U.S. Military PCS orders assigning you to the UK.

So, my stamp expired 6 months after it was issued (the July 28 date they stated in the rejection) but because I arrived in the UK 15 days after the UK Entry Clearance was issued I have to provide this other information? What do they want, a copy of my biometric residence permit? Why put on the checklist to only provide ONE thing - the entry clearance stamp - then come back and say that's not valid?! Unless you arrive in the UK on the exact day your entry clearance is valid, you would not have six months residency before the stamp expires so why leave that out of the required documents? I submitted my marriage certificate so they know that I got married before my fiance visa/entry clearance expired. I don't get it.

Am I reading all this wrong?

[jhm3 15]

That's definitely annoying, and the checklist could certainly be clearer, but yes, it sounds like they would want to see both your entry clearance stamp and your current, valid biometric residence permit as evidence that the petitioner "has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months." The entry stamp shows you have been in the UK for 6 months, but as the entry clearance has expired, the BRP would be necessary to show you are still legally resident. In other cases, when an entry clearance is valid for longer than 6 months, that one document would be sufficient to show both things, but in your case, unfortunately, it only provided part of the evidence they were looking for. Is an opportunity offered to resubmit that one additional piece of documentation, I hope? Good luck!

[britishdakota 18]

The U.S. petitioner must provide evidence that he/she has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months.

Surely that would include the biometric visa pages in addition to any entry stamps. You need to show you can live, work and reside in the UK while an entry stamp by itself would only show when you entered the UK.

Is the clearance stamp not on the visa itself? On my wife's spouse visa it is endorsed with a stamp on entry.

[someshine 0]

Thanks, jhm3. Because they were so emphatic on the checklist about only sending ONE of the documents and not to send extraneous information it never occurred to me that they would need anything else.

The letter we received just says that bit about why it was rejected and to include a self-addressed stamped envelope with our completed application (which I assume is addressing a re-application as this letter arrived in our previously-sent self addressed stamped envelope). There's nothing that says we can't send it all in again. I'm waiting a few days to see if they charged us the $420 application fee or not first.

Looks like I'll just have to try again.

Thanks for your help.

That's definitely annoying, and the checklist could certainly be clearer, but yes, it sounds like they would want to see both your entry clearance stamp and your current, valid biometric residence permit as evidence that the petitioner "has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months." The entry stamp shows you have been in the UK for 6 months, but as the entry clearance has expired, the BRP would be necessary to show you are still legally resident. In other cases, when an entry clearance is valid for longer than 6 months, that one document would be sufficient to show both things, but in your case, unfortunately, it only provided part of the evidence they were looking for. Is an opportunity offered to resubmit that one additional piece of documentation, I hope? Good luck!

Edited September 17, 2013 by someshine

[TomandCatie 7]

The entry clearance isn't residential. They want to see something that proves you've LIVED here and not left. You could've easily left after it expired and come back within that time. So I sent both my entry clearance stamp (expired in november of last year) AND my biometric residence permit received in February. I know they make this confusing by only requesting one thing, but try and find what covers all of that one thing. For example they wrote "Appropriate US entry Clearance stamps" however, on the instructions of the I-130 form is states it is to ensure that you have lived/stayed in the country for more than 6 months and are a resident. Basically, they want to make sure everything is STILL valid. IF your entry clearance stamp was expired you should've photocopied your biometrics permit as well. Go by both the instructions AND the checklist from now on

I'm surprised you didn't get an RFE (Request for Evidence).

[lost_at_sea 995]

It's a little stupid and I don't see how providing one thing will work unless your entry stamp also happens to be on the same page as your visa (and it doesn't work at all for folks who get cards). London's not known for their super clear advice - they have bits all over their website that contradict each other.

We sent 2 sheets, one with each of my husband's UK visas on them that also happened to have the entry stamps on the adjacent page.

They basically want proof that you a) are allowed to be living in the UK and b) entered the UK at least 6 months prior to your application.

[Eastyo 100]

It's a little stupid and I don't see how providing one thing will work unless your entry stamp also happens to be on the same page as your visa (and it doesn't work at all for folks who get cards). London's not known for their super clear advice - they have bits all over their website that contradict each other.

We sent 2 sheets, one with each of my husband's UK visas on them that also happened to have the entry stamps on the adjacent page.

They basically want proof that you a) are allowed to be living in the UK and b) entered the UK at least 6 months prior to your application.

London did tell me this was ok, but i wanted someone else's experience on if this is true. My wife is here on a Tier 4 Student visa. She has been here 6 months, can she file DCF for my i130 in London?