DCF & Concurrent Filing

[GeoffG 0]

Hello - Newbie to the site and just trying to get my head around all the forms and processes. I'm a US citizen married to a UK citizen. I have permanent residency through a company sponsored visa although we intend to move back to the US next year. I will head back for work prior to my wife's visa being approved so she will move as soon as that is fully completed. I do have a few questions and would appreciate any insight VJers can provide:

• If we were to apply via DCF in London, can we do the concurrent filing with the I-485 and I-864 being submitted with the I-130? I've seen conflicting information on this and so am a bit unclear if this is possible.
• If the above is a no and we were to still apply via DCF in London for the I-130, can I be back in the US for the remaining part of the process (i.e. the I-485?) I am looking to apply by end of this month prior to terminating my permanent residence status here in the UK. I've read it can be faster to apply via a DCF so would like to take advantage of that if possible. If that is not the case, then I presume I could do a concurrent filing upon returning to the US in January 2020? 

 

Many thanks for any and all responses!

[payxibka 10,045]

37 minutes ago, GeoffG said:

Hello - Newbie to the site and just trying to get my head around all the forms and processes. I'm a US citizen married to a UK citizen. I have permanent residency through a company sponsored visa although we intend to move back to the US next year. I will head back for work prior to my wife's visa being approved so she will move as soon as that is fully completed. I do have a few questions and would appreciate any insight VJers can provide:

• If we were to apply via DCF in London, can we do the concurrent filing with the I-485 and I-864 being submitted with the I-130? I've seen conflicting information on this and so am a bit unclear if this is possible.
• If the above is a no and we were to still apply via DCF in London for the I-130, can I be back in the US for the remaining part of the process (i.e. the I-485?) I am looking to apply by end of this month prior to terminating my permanent residence status here in the UK. I've read it can be faster to apply via a DCF so would like to take advantage of that if possible. If that is not the case, then I presume I could do a concurrent filing upon returning to the US in January 2020? 

 

Many thanks for any and all responses!

A spouse Visa doesn't require the i485

[Just Paul 4,595]

File the I-130/I130A in London and, personally, I would wait to return to the US until the USCIS approves the petition.  Your spouse takes the I-864 and any other documents you would have submitted stateside to the interview.  They also pay the Visa fee the day of the interview.   The instructions for DCF are not very clear.   Feel free to ask questions here.

[GeoffG 0]

23 hours ago, Paul & Mary said:

File the I-130/I130A in London and, personally, I would wait to return to the US until the USCIS approves the petition.  Your spouse takes the I-864 and any other documents you would have submitted stateside to the interview.  They also pay the Visa fee the day of the interview.   The instructions for DCF are not very clear.   Feel free to ask questions here.

Thank you for the advice and I appreciate any clarification you can provide on my follow up below.

 

In the event I cannot wait until the petition is approved (starting a new job in Chicago in January), would it be better to file via the Dallas Lockbox knowing that I will be a US resident in January? From what I've read, the process does not differ too much after the I-130/I-130A is approved. Either way, my wife will be dealing directly with the US Consulate in London and will have the CR-1 visa and green card upon arrival, correct? 

 

Are there any advantages/disadvantages between doing the DCF vs filing in the US? It seemed the DCF was a bit faster hence why we were going to do it before I leave however at the moment they have a processing time closer to 120 days (vs the usual 75-90 days) for the I-130. 

[arken 4,197]

The difference:

120 days for DCF vs 7-15 months or more for within US for i130. In addition, you’ll skip the sometimes lengthy NVC steps.

[Just Paul 4,595]

1 hour ago, GeoffG said:

In the event I cannot wait until the petition is approved

Just make sure you file before you leave at the USCIS office.   Once you leave England you would file at the US lockbox and miss out on the benifit you have right now.

[GeoffG 0]

3 hours ago, Paul & Mary said:

Just make sure you file before you leave at the USCIS office.   Once you leave England you would file at the US lockbox and miss out on the benifit you have right now.

Thanks for the follow up. I realize it is cutting a tight timeline but I plan on being in the UK for at least 2-3 weeks after submission to receive the NOA.