right road?? dcf or k-3 ?

[andywv 0]

Hi All , i am baffled ,we are re applying for my hopefull return to the US . My lawyer wants to do dcf through london ,but ,my wife has only been here for 6 mths and has indefinate leave to enter in her passport. does any one know what is required exactly? i think the k-3 route is the best option ,please help !!

[meauxna 15]

Hi All , i am baffled ,we are re applying for my hopefull return to the US . My lawyer wants to do dcf through london ,but ,my wife has only been here for 6 mths and has indefinate leave to enter in her passport. does any one know what is required exactly? i think the k-3 route is the best option ,please help !!

andy,

No one can answer that without knowing your complete situation. Please post a recap so we do not have to click thru and read all your past posts to figure it out.

[andywv 0]

hi meauxna,what do you need to know ?

[MargotDarko 0]

She has indefinite leave to remain? That's not possible if she's only lived in the UK for six months. Or did she spend some time in the UK before and it's been six months during her current stay?

At any rate, unless your life situation would be immedially and dramatically improved by being in the US as soon as possible, I would definitely wait it out in the UK until she's allowed to file at the London USCIS. It will be a quicker process and result in a better visa. And also cost less in the long run (at least on the US side of things - I don't know the full situation with her UK visa)

[MargotDarko 0]

I've been reading your other posts and looking at your timeline. You've already sent an I-130 and gotten NOA1? If you didn't send it to the London USCIS office, you have no choice now to file directly. You have to continue along the path you started. And I would fire a lawyer who knew I'd already sent a I-130 to a US center and still told me to file in London.

Did it really take a year between submitting I-130 and receiving NOA1? That's crazy. Now I'm thinking there's something I'm seriously misunderstanding about your situation.

If your wife is happy enough in the UK for a while, I would stick it out for the CR1/IR1. That saves time, money, and hassle in the long run, and the real purpose of the K3 is to reunite couples.

[homesick_american 1]

A DCF for the CR1/IR1 is more desirable since you don't have to go through all the ####### of adjusting from non-immigrant to immigrant status once in the USA.

Your wife could not have an indefinite leave to remain visa if she'd been in the UK only six months.

Instead of asking us here what London's residency requirements are for DCF, I recommend going straight to the Embassy and asking them yourself. Looking at the updated I-130 checklist there does not appear to be a minimum time requirement but I do not believe she'd be able to petition for you if she was on a tourist visa, which I don't know if she is or not; there is no such visa as 'indefinite leave to enter' so I don't know exactly what her immigration/residency status is in the UK. CHECK WITH THE EMBASSY.

This is what an indefinite leave to remain UK visa looks like:

This is what a limited leave to remain UK visa looks like:

This is what a UK fiance visa looks like:

This is a UK tourist stamp:

Which visa is she on? It'll probably matter.

[MargotDarko 0]

A DCF for the CR1/IR1 is more desirable since you don't have to go through all the ####### of adjusting from non-immigrant to immigrant status once in the USA.

Your wife could not have an indefinite leave to remain visa if she'd been in the UK only six months.

Instead of asking us here what London's residency requirements are for DCF, I recommend going straight to the Embassy and asking them yourself. Looking at the updated I-130 checklist there does not appear to be a minimum time requirement but I do not believe she'd be able to petition for you if she was on a tourist visa, which I don't know if she is or not; there is no such visa as 'indefinite leave to enter' so I don't know exactly what her immigration/residency status is in the UK. CHECK WITH THE EMBASSY.

Which visa is she on? It'll probably matter.

If his timeline is right and he really does have an I-130 that's gone to California and received and NOA1, filing with the London USCIS office is not option no matter what visa she has.

EDIT - To the OP, you're the beneficiary and your wife is the petitioner. It's wrong in your timeline. Are the other details correct? It will help us help you.

Edited April 21, 2007 by MargotDarko

[homesick_american 1]

A DCF for the CR1/IR1 is more desirable since you don't have to go through all the ####### of adjusting from non-immigrant to immigrant status once in the USA.

Your wife could not have an indefinite leave to remain visa if she'd been in the UK only six months.

Instead of asking us here what London's residency requirements are for DCF, I recommend going straight to the Embassy and asking them yourself. Looking at the updated I-130 checklist there does not appear to be a minimum time requirement but I do not believe she'd be able to petition for you if she was on a tourist visa, which I don't know if she is or not; there is no such visa as 'indefinite leave to enter' so I don't know exactly what her immigration/residency status is in the UK. CHECK WITH THE EMBASSY.

Which visa is she on? It'll probably matter.

If his timeline is right and he really does have an I-130 that's gone to California and received and NOA1, filing with the London USCIS office is not option no matter what visa she has.

EDIT - To the OP, you're the beneficiary and your wife is the petitioner. It's wrong in your timeline. Are the other details correct? It will help us help you.

I can't understand the guy's situation either; he's not making any sense to me.