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BonnieBonkie

DCF London - USC UK Visa Expiring Soon

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Hi everyone, 

 

I'll try to keep this as clear & concise as possible. I appreciate your support!!! 

 

Question: Am I able to apply for DCF if my current visa is soon expiring (will expire before the full process is complete)? 

 

Background:

  • I am a USC residing in the UK. I have been here since 2017 ('17-'20: student visa; '20-'22: student visa; '22-current: graduate visa). 
  • I live in the UK with my husband, a Swedish citizen with ILR in the UK. 
  • I have a new job offer that requires me to relocate back to the US by Feb, '24. 
  • My current visa (grad) expires on February 7th, '24. 

 

Proposed timeline: 

  • Since we're both traveling (Sweden & US) during the holidays, we intend to apply for DCF with the embassy in London in early January. 
  • I understand that I'll then need to attend the initial application meeting with the embassy in London. 
  • Assuming this all goes well, I'll then return to the US & let my current UK visa expire while my husband's application is still processing. 

 

Would me filing, then leaving & letting my visa expire while the application for my husband isn't finalized be an issue? 

 

Thank you! 

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Filed: Citizen (apr) Country: Taiwan
Timeline
20 minutes ago, BonnieBonkie said:

Would me filing, then leaving & letting my visa expire while the application for my husband isn't finalized be an issue? 

I don't see an issue.  You, as the petitioner, can return to the US before the DCF process is finished.  Your spouse can then follow you. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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1 minute ago, Crazy Cat said:

I don't see an issue.  You, as the petitioner, can return to the US before the DCF process is finished.  Your spouse can then follow you. 

Thank you so much for your response! My confusion is mostly about my residency in the UK... 

 

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

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Filed: Citizen (apr) Country: Taiwan
Timeline
3 minutes ago, BonnieBonkie said:

Thank you so much for your response! My confusion is mostly about my residency in the UK... 

 

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

I have seen cases where the US spouse returned to the US prior to the visa being issued. The visas were issued.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Russia
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51 minutes ago, BonnieBonkie said:

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

I've never heard of that being the case for DCF, it's possible some specific embassies require it but basically once you apply and file the I-130 via DCF, the USC is done and can leave/travel/do whatever they want after. The comment you're referring to is a bit nebulous, I don't know what they mean by "the full process" here.

 

 

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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1 hour ago, BonnieBonkie said:

Thank you so much for your response! My confusion is mostly about my residency in the UK... 

 

In other words, can my residency expire before the DCF process is finished? (Note: concern stems from another post that said that the USC must remain in country while undergoing the full process)

You need to have eligibility on the day the petition is submitted.  

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Filed: Citizen (apr) Country: Russia
Timeline

I agree with the others, you need to be legal when you request the consulate to accept the I130, and if they agree, when you submit the I130 to the consulate.

 

Good Luck! Let us know how it goes for you.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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