DCF London - exceptional circumstances?

[candjm 0]

My USC fiancé will be seconded to London for his job for 6 months. We will not be able to legally marry until early January. Now I'm worried about the office closing before we can submit our application. I think we should be okay but just in case,  I'm wondering if exceptional circumstances will apply to us.

 

First of all, I believe he will be able to establish residency by having a residency permit with his Tier 2 visa, UK bank statements, work contract, and we can get a lease in his name if needs be. 

 

As to our exceptional circumstances: he will be seconded back to London at the end of the 6 months. Will this constitute a job offer? Also on medical grounds,  I have a progressive illness that requires me to undergo IVF for embryo banking since it would be extremely dangerous for me to fall pregnant without undergoing a few surgeries and procedures first. IVF has been failing for us and my illness is deteriorating. My PCP in the US wants to perform surgery on me ASAP to reduce my pain. He is willing to write a letter to the effect. I trust him because he is also our fertility doctor and literally the best doctor I've encountered through this hell. Plus he could do it sooner. The private clinics in London said they will just refer me to the NHS, where there will be a long waiting list. 

 

We have hired a lawyer but I just need some real life experience too. Thank you!

Edited December 13, 2019 by candjm

[Lemonslice 4,961]

You say your PCP is in the US? Are you currently there yourself? If so, why not get married this weekend?  That's something you can do to get started asap.  

Edited December 13, 2019 by Lemonslice

[candjm 0]

Just now, Lemonslice said:

You say your PCP is in the US? Are you currently there yourself? If so, why not get married this weekend?

No I'm not, I left in early June this year. I found out about my illness while I was in London. When I went to visit my then bf in NY a couple of months later we went straight to a fertility doctor. We thought it would be best considering that's where we would end up starting our family and stupid hopeful us thought we had 4 months to bank as many embryos as possible, keep those embryos frozen, relax and chill and go back to NY and have them implanted. That was not the case. So basically, started the fertility and endometriosis treatment with a Dr there. I guess technically he's not my PCP, but he is my main doctor for fertility and endometriosis.

[geowrian 22,338]

First step is getting married. Until that is complete, DCF is not possible.

If DCF is no longer generally available in London at the time, then you can request to do DCF under exceptional circumstances. Every case is reviewed on a case by case basis - nobody can know for certain if your circumstances will qualify.

 

That said...

Why not marry outside the UK (where you don't need a special visa to do so)? Then do DCF in London while you know they are still accepting requests. You can marry literally anywhere (even the US - so long as you leave afterwards to complete the visa process).

Edit: Unless I'm missing something...like if he is required to be single to maintain his UK status.

Edited December 13, 2019 by geowrian

[candjm 0]

1 minute ago, geowrian said:

First step is getting married. Until that is complete, DCF is not possible.

If DCF is no longer generally available in London at the time, then you can request to do DCF under exceptional circumstances. Every case is reviewed on a case by case basis - nobody can know for certain if your circumstances will qualify.

 

That said...

Why not marry outside the UK (where you don't need a special visa to do so)? Then do DCF in London while you know they are still accepting requests. You can marry literally anywhere (even the US - so long as you leave afterwards to complete the visa process).

Yes I know that we can't do DCF until married. Getting married isn't the issue (once we are able to do so in early January). I'm more worried about the exceptional circumstances. We will have our documents ready to file as soon as we have our marriage certificate in hand. It's a gamble I'm worried about taking. If they reject, we'll have to file normally with a long wait time. Or else don't marry yet and apply for K-1, shorter wait time.

[geowrian 22,338]

Gotcha. But the question remains - why not marry now while you know DCF is still an option...and not have a reason to worry?

[candjm 0]

1 minute ago, geowrian said:

Gotcha. But the question remains - why not marry now while you know DCF is still an option...and not have a reason to worry?

Unfortunately, waiting for his decree absolute to come through. His divorce dragged on for years after separation due to a lot of wrangling over assets. 

[Sparkle Sparkle 914]

1 hour ago, candjm said:

Unfortunately, waiting for his decree absolute to come through. His divorce dragged on for years after separation due to a lot of wrangling over assets. 

You always need to give us the full picture so we understand and can advice. Since he is not technically divorced he cannot marry... Maybe filling I-129f is the best option you both have now. 

[candjm 0]

2 minutes ago, Sparkle Sparkle said:

You always need to give us the full picture so we understand and can advice. Since he is not technically divorced he cannot marry... Maybe filling I-129f is the best option you both have now. 

His divorce is done, just waiting for the final certificate which should be in by the end of December at the latest, and then we will marry. I don't know what I have left out since I said we cannot marry until early January, which we plan to do. My main question is about exceptional circumstances. 

Edited December 13, 2019 by candjm

[candjm 0]

I can't edit the original post but I just want to say: my question is not about whether or not we can marry and file. My question is about what constitutes exceptional circumstances for DCF.

 

 

[payxibka 10,047]

Unfortunately the definitive answer can only come from London itself.   We have seen textbook extenuating circumstances denied and marginal circumstances accepted 

[candjm 0]

57 minutes ago, payxibka said:

Unfortunately the definitive answer can only come from London itself.   We have seen textbook extenuating circumstances denied and marginal circumstances accepted 

Got it. I guess no we have to decide if we want to risk it and get married or don't get married and file for K-1. If DCF works I'll get to go back to the US much quicker. If it doesn't, it will be at least a year before I'm back in the US . Unless we don't get married and do the K-1. If that makes sense.

[carmel34 3,654]

CR-1 is far superior to K-1 in so many ways.  Do more research on the differences, look at the total picture, not only time apart during the process, but the very long AOS process after US entry if you go for K-1.  The cost and mental anguish, stress on the relationship, of not being able to work or drive or leave the country for six plus months with K-1 is a huge disadvantage that many forget about and only focus on a few less months living apart.  Hopefully DCF will work out for you, and to find out you'll have to get married anyway so K-1 won't be an option.  Good luck!

Edited December 13, 2019 by carmel34

[candjm 0]

Just now, carmel34 said:

CR-1 is far superior to K-1 in so many ways.  Do more research on the differences, look at the total picture, not only time apart during the process, but the very long AOS process after US entry if you go for K-1.  The cost of not being able to work or drive or leave the country for six plus months with K-1 is a huge disadvantage that many forget about and only focus on a few less months living apart.  Hopefully DCF will work out for you, and to find out you'll have to get married anyway so K-1 won't be an option.  Good luck!

The CR-1 is better. Being able to work, drive, and travel during the AOS process does not bother me. My main thing is going back to the US as early as possible because I just want to be out of pain and get on with fertility treatment (especially using drugs that aren't available in London). Time isn't on my side. But I think we'll proceed with CR-1 and try for DCF before the office stops accepting applications. Otherwise, we try for exceptional circumstances (husband's job relocation to the US and my medical stuff). Otherwise, we'll have to do it the old fashioned way and that's a risk we would have taken. 

 

Thank you!

[databit 328]

Note: If you do get married before the end of the year, you two will have to file US taxes as married---even if only married for 1 day! You may not want this added hassle.