How long must I live here for DCF eligibility?

[latteberry 1]

I know this has been discussed here but I can't find it...

I'm in UK so it sounds as though I can still file the I-130 here instead of going through the US office even with the Adam Walsh problem.

I'm a USC. Arrived here to live with fiance on October 9. 2006 on a visitor's visa. Went back to US two weeks ago with him to get fiance visa. We're giving our notification tomorrow at the register office, and will marry on April 4, after which I will file for FLR. I believe I need the FLR status before I can file the I-130, right?

How long must I have been living here in UK before we can file his I-130 here? Does my time here under a visitor's visa count toward eligibility, or will they only accept time under FLR? Is it worth sticking it out so that we CAN file here, or should we just forget it and file using a US address, even though it takes forever?

Thanks for your suggestions.

Lisa

[gwenneh 7]

You have to have Indefinite Leave to Remain, usually granted after two years of "official" residence (tourist visa doesn't count). So basically after your Further Leave to Remain expires, and you get the next visa.

Edited March 14, 2007 by Gwen666

[rebeccajo 14]

*waves to Gwen*

I thought that the UK would no longer issue a marriage license between a citizen and an immigrant to their country unless that immigrant entered on a UK fiance visa.....

*oh never mind - I can't read obviously *

Edited March 14, 2007 by rebeccajo

[meauxna 15]

For the UK, generally you must be "truly" resident there. The visa type isn't the deal-killer, but about 2 years of residence seems to be their cut off date.

If you would like to try London, you send your petition and paperwork there and cross your fingers. If they do not accept your application, they generally return it to you with your payment, and instruction for you to file in the US.

[MargotDarko 0]

For your situation, the forum at www.diveintoamerica.com is a great place. Generally, it's been found that London USCIS will process petitions for USCs who have been in the UK on a resident-type visa for 11 months or more. I started on a student visa in July 2005, switched to a spousal visa in Oct 2006, and they accepted my petition without ILR (total of 19 months living in the UK on a non-visitor visa). So you should only count your time from landing with your fiancee visa. I wouldn't attempt to file with London USICS if I were you until at least February of 2008.

So whether or not it's worth sticking it out to file at London USCIS depends on how good it would be for you two to spend time in the UK together for a while, perhaps seeing more of it yourself, getting to know his family more. Although I'm not very happy living in England, I consider my time spent here to be worthwhile because I've gotten to know his family and learnt a lot about his culture. I'll have tons of things to tell my future half-English kids about what it's like for an American in England and talk to them about the differences, which I think will be fun as well as really good for them.

Applying overseas will be much more a hassle and take longer from start to finish, but at this point, it would still be less time than waiting until London USCIS might take your petition. If things are the same in Feb of next year, and they took your petition then, you would have the immigrant visa for your husband within about six months.

The official line is that you have to have Indefinite Leave to Remain, and the harder unofficial line is that you have to have lived in the UK on a resident type visa for at least two years. Your best bet from others' experience is 11 months or more.