New to all this and looking for help

[NinaRenae 0]

Hiya everyone!

 

My name is Nina, I am a Texan, currently Living in the United Kingdom with my English Husband. ☺️ 

 

So a bit of a backstory, hubby and I met through a mutual friend, and after a year of doing the (very expensive) long distance thing, visiting each other every 2 months or so, he asked me to marry him, and in May 2014 I was granted my Fiancée Visa for the UK and moved here and been here ever since. I am coming up to getting my Indefinite Leave to Remain in the UK next year, and the original plan was to live here until I qualified for citizenship, and become a dual citizen a year after I got my ILR. But, recently my heart has grown very homesick, and we think we would be happier in Texas, closer to my family. 

 

At the moment, we are weighing our options, because obviously these things are so expensive and difficult. I was just hoping to find out the way forward if we did decide to move back to the US. Ive had a look over the USCIS and the form I think I'm meant to fill out... Could someone here please be so kind as to confirm which type of visa I actually need, as well as the general process and standard supporting documents that may be needed? (Also, as I'm currently living and working in the UK, we will be looking to use my mom's income to meet the financial requirements as shes happily agreed -anything she can do to help get me closer to home, she is all about lol- how will work within the process?)

 

Thank you in advance for reading this novel of a post and offering any help you can! Xx

 

Nina

[EM_Vandaveer 2,408]

Best option is DCF (Direct Consular Filing) through the London Embassy. You'll file an I-130 there (as opposed to sending it to USCIS in the US) and your husband will eventually end up with an IR-1.

This takes a few months (as opposed to 12-15 months if filed through USCIS in the US).

[NinaRenae 0]

That sounds promising! Lol ive heard the timeframes are absolutely ridiculous for a US visa... Is there any other information that you know about that process?

 

[EM_Vandaveer 2,408]

https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

[NinaRenae 0]

Thank you so much! I will have a read over it tomorrow, and hope it doesnt create more questions 🙃 hahaha

[TM92 527]

35 minutes ago, NinaRenae said:

Is there any other information that you know about that process?

https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office "Form I-130, Petition for Alien Relative" tab

[NikLR 13,230]

~~moved from K3 process and procedures to DCF. This is the OP's best option. ~~

[yuna628 9,687]

K3 is actually obsolete now. Typically people will use the DCF route if they qualify or very usually the IR1/CR1. The former is quicker than the later, provided you meet the qualification. The only thing I would point out to you, as you should be aware that the UK immigration system (which you are in part of the process already) can take a while with the steps of the process and also be quite expensive - however, I would usually encourage the couple to stick with it if they've started, as it will grant better options in the future. Having dual citizenship gives you an easy way to choose whichever country you want to live in with your husband for the long term with no questions, during a potentially upcoming uncertain time for the UK.

 

Let us say for instance you move back to America, but decide later on the UK is calling you back for whatever reason (it happens, I've seen it happen). You'd have to start from scratch all over again, and spend a lengthy amount of time apart, as the UKC would have to return to the UK without you and raise the qualifying work/money requirements to bring you back. The UKC moving back to the UK would also complicate their own immigration process in the US. What I'm saying is, if you're sure, absolutely sure, be prepared to stick with one side of the process for the long haul and see it all the way through until citizenship.

 

Whatever option you decide to go with, check out the guides section of this website, it'll tell you a lot of what you want to know.

Edited November 27, 2018 by yuna628

[NinaRenae 0]

Hi Yuna, thanks for that! After going through the UK Process, compared to what I've foubd for the US Process, it seems MUCH easier to apply for a UK Spousal visa haha

 

But, our original decision to stay here until I obtained citizenship was based on the exact reasons you've gone through, because we definitely would not have to go through it all over again, especially with the charges increasing year on year... Luckily I will qualify for this in October 2020, so thats not too far off. 

 

I am just trying to get a head start on the whole thing so that I know what to expect, just as well if we somehow decide to start the process before then and just forget about my citizenship here. Although, I'm still hoping someone could explain the general process of how we would go about it all haha

[Boiler 45,753]

Have you read the guides.

[NinaRenae 0]

Hi Boiler, not just yet as I haven't had the chance, but as soon as I do have time, I will

[TM92 527]

1 hour ago, NinaRenae said:

Hi Boiler, not just yet as I haven't had the chance, but as soon as I do have time, I will

Here is a DCF guide: https://www.visajourney.com/content/dcf

[NinaRenae 0]

Thank you! That makes finding it so much easier! 😊 can't wait to look through it all!

[Jorge V 195]

1 hour ago, TM92 said:

Here is a DCF guide: https://www.visajourney.com/content/dcf

To add to this, the UK embassy has a website with as good information as anywhere regarding DCF in London. It's already linked above, but worth repeating.

 

Each USCIS field office is different and some procedures tend to be country specific. For example, London USCIS does not require any evidence of bona fide marriage with the I130 when DCFing, only at the interview. This is the only instance I know of where bona fide marriage evidence is not submitted with the initial petition. OP should use the embassy website as the definitive guide to DCFing in the UK. 

 

 

[NinaRenae 0]

Hi Jorge,

 

Thank you for the additional information! I'll definitely have a look!