Want to Apply for DCF, but...(help!)

[uskudi 0]

Hi there! I am a new member of VJ and really need advice from you all! I am an American woman engaged to an Indian male currently in UK on a work visa. We want to get married, live TOGETHER (if possible), and apply for an immigrant visa for him to live with me in US. I really don't want to seek the fiance visa or the marriage visa in which I stay in US and he is in UK or India. I want to be together as much as possible. Can we apply for DCF in India? Can we apply for it from UK if he is there on a work visa? And if so, what if he must leave UK to return to India before our application is finalized? Or leave to India and return back to UK/elsewhere in Europe? His job can send him virtually anywhere in the world, but he is currently in UK and spends most of his time there now. I guess it could change at any time though and want to be sure before applying. I guess what I'm asking is do we have to stay put in the country we apply through DCF until it is finished or can we travel in between? Or have it transferred?

And, can anyone let me know how I would be a legal resident of either UK or India so we can apply through DCF?

Also, if anyone happens to know...would it be easier for us to marry in US or India when we intend to apply for him to immigrate here? For paperwork purposes I mean...I want us to choose the least stressful route possible. (ha!)

Thanks in advance!

[Ryan H 3,829]

DCF is not something that is "applied for," it is a method of filing a petition.

In order to file via DCF, you must be a legal resident of the country where it is available (DCF is only available in countries that have a USCIS filed office located in it, both the UK and India have USCIS field offices).

[Boiler 46,031]

If you marry presumably he could sponsor you to live in India, UK work visa no doubt allows derivatives.

[uskudi 0]

DCF is not something that is "applied for," it is a method of filing a petition.

In order to file via DCF, you must be a legal resident of the country where it is available (DCF is only available in countries that have a USCIS filed office located in it, both the UK and India have USCIS field offices).

I already stated all of that in a different way. I was hoping to get answers to my questions about becoming a legal resident in those countries or if I could move around during the process, but thanks!

[Boiler 46,031]

And you did!

[uskudi 0]

And you did!

Have I gotten an answer yet if I can move around different countries while processing through DCF?

[Boiler 46,031]

Not an issue where you go once you file as long as you maintain a US domicile.

Edited December 29, 2014 by Boiler

[kzielu 1,149]

I already stated all of that in a different way. I was hoping to get answers to my questions about becoming a legal resident in those countries or if I could move around during the process, but thanks!

Remember theres certain residency period required for US citizen to be able to apply for DCF, typically 6 months. May be faster to just file for CR-1.

[awaywego 28]

As far as USCIS is concerned, you can live anywhere during the visa process (so long as you address domicile when filing the support paperwork). As far as USCIS is concerned, you can marry anywhere you like (so long as the marriage is legal and valid).

Generally to DCF, the USC must have been a legal resident (generally a list of visas/statuses) for at least six months at the time of filing. Each consulate has its own rules, so you'd want to check the consulates that interest you for their specific requirements. For these qualifying visas/statuses, check for which you're eligible and, perhaps, which of those would be the speediest or least complex (whichever works best for you) to obtain. For that information, you could try the government's site, their embassy in the US, or perhaps there's a forum like this for that country.

If you move after filing direct, my understanding is that the intending immigrant would still complete the process with the original consulate.

The previous poster brought up the question of timelines. If time is an issue for you, then you might want to compare timelines and see what best fits for you and your fiancé. As noted above, you do not need to live in the US for the visa process.

[kitsonk 1]

Have I gotten an answer yet if I can move around different countries while processing through DCF?

To apply for a DCF in the UK (via the USCIS in London), you need to be a legal resident of the UK (no minimum time is required any longer, as to be a "legally resident in the UK" has sufficient enough hurdles). This means you need something other than a visitors visa, that means a UK FLR or an ILR. While it is possible for someone in the UK on a work visa to sponsor a family member, it is a fairly lengthly and costly process. So there is no feasible way of doing a DCF in London.

In India, there is the requirement that you are legally resident in India for at least 6 months prior to application. That means you would have to apply for some appropriate visa in India, go live in India for 6 months and then apply for the DCF.

Once you petition is accepted in the country, you can move anywhere you want, but you still have to prove you can be the sponsor in the US (which means you are resident in the US).

I don't really think there is a realistic option for you other than to apply in the US via the "normal" means.

[uskudi 0]

To apply for a DCF in the UK (via the USCIS in London), you need to be a legal resident of the UK (no minimum time is required any longer, as to be a "legally resident in the UK" has sufficient enough hurdles). This means you need something other than a visitors visa, that means a UK FLR or an ILR. While it is possible for someone in the UK on a work visa to sponsor a family member, it is a fairly lengthly and costly process. So there is no feasible way of doing a DCF in London.

In India, there is the requirement that you are legally resident in India for at least 6 months prior to application. That means you would have to apply for some appropriate visa in India, go live in India for 6 months and then apply for the DCF.

Once you petition is accepted in the country, you can move anywhere you want, but you still have to prove you can be the sponsor in the US (which means you are resident in the US).

I don't really think there is a realistic option for you other than to apply in the US via the "normal" means.

Thanks so much for your response (and awaywego!)

My fiance says his company would pay for and arrange a dependent visa to UK. Do you know how long it takes to receive my dependent visa to UK once applied for?

I can prove to be my fiance's sponsor whether I am in USA or not. Either from my own finances or through a co-sponsor if the need be. I just don't like the idea of living apart any longer. If I had to live in India for 6 months (plus however long it takes to apply through DCF there) I guess I'll have to! Does anyone know how long it takes generally in India to apply through DCF?

Thanks again!