Can I DCF in Lodon?

[The_dip_sticks 0]

Ok so here is the deal, as many of you know my husband and I have been wating for over a year to get a NOA2 from any of the two visa forms that we applied for I130 and I129f. Things are just taking for ever and after being stuck in APl at USCIS for a little over a year now, Im just at the end of my stick. What are the requierments to DCF in london if I went there? And how long do I need to be there before we can file? I have heard that the residency to get LPR has changed to a min 6 months if you are cleared on entry is that true? If that is the case would it be possible for me to withdraw my petition and go to the UK for 6 months and do the DCF?

[babybunny 2]

my guess is :

if you withdraw your petition- 1 you still will have to respond to why it was withdrawn.

2 the reasons why your petiton is stuck in hell ..may boomarang back at you later. I suppose you could withdraw and refile. but, your case has not been ajudicated at this point so maybe your efferts may become fruitless. - this is just my guess.

[MargotDarko 0]

It is true that if you obtained a UK spousal visa (FLR - further leave to remain), after six months in the UK you would be able to file a I-130 at the London USCIS office. The spousal visa currently costs $1,000 USD, but is easy for legitimate couples with some income to obtain.

However, in my opinion, you will either run into the same problem again, or even compound the problem by trying to do that. It may even be seen as suspicious, as if you had something to hide that might turn up in the AP process and were thinking you could get away with it by filing in London instead.

If you have the money and if your current situation allows it, you might find it a good experience to obtain the spousal visa and live and work in the UK for a while any way. I would look into the logistics of this first as you would need a US address still for completing the process you've started.

EDIT - Just wanted to add sympathies for your situation. I can't imagine how hard it is.

Edited July 16, 2007 by MargotDarko

[homesick_american 1]

My advice is to be patient and wait it out in the United States. Moving to the UK is not a cheap process and has its own pitfalls. You're not guaranteed a visa there either. You'll most likely get one if you apply, but there are no guarantees in life.

Personally I would not move overseas just to wait longer to apply for a visa. I know this is hard to accept but you may just have to be patient. Before I married my husband we had a long distance relationship for years so I've been where you are now. I get it. I just don't think moving to the UK to speed up the visa application is the correct move. It probably won't be any faster anyway once you've actually done it. Just be patient.

[rebeccajo 14]

As I recall, the OP's original plan was ultimately to live in the UK anyhow.

Applying for the UK spousal visa and waiting out the result of her previously filed petitions might not be a bad idea. The hitch will be if they are approved and they decide to proceed, she will need a plan for her husband's financial sponsorship in the US. Should the petitions be denied she will already be there ready to file for DCF - or remain together and just decide to settle in the UK.

Personally, before I did any of this, I'd consult an immigration attorney. It's a rather complex solution to an already stressful situation.

[The_dip_sticks 0]

Yeah well I guess it was a too good to be true thought i had last night. I will just sit here like a lemon and keep waiting. Due to my situation I dont think I can be gone for over a year because because my living and working situation has changed, and also my our plans to live in europe eventually have changed becaue now we are thinking of starting up a business here in the US. Oh well I just saw that as a possibilty to wait out the visa process together. I figured I could manage a year or less over there. Oh well it was just a thought. Thanks for the advice every one.

Edited July 16, 2007 by The_dip_sticks