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UK to US DCF Questions

By moshupichi in Direct Consular Filing (DCF) General Discussion

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moshupichi Newbie

moshupichi   0

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Hi there! I was wondering if anyone might be able to offer insight into this little pickle I’m in…
 

I am a US citizen in the UK. I received a life changing job offer in the US with an urgent start date at the end of January. I should have flexibility pushing it back a couple weeks but I am concerned because my British spouse and I need to convert our civil partnership (opposite sex) to a marriage by eloping to Gibraltar. I have a few questions about the DCF process as it pertains to our situation: 

 

1. As I am a resident of the UK, do I have flexibility on starting the job remotely here and filing for DCF like one to two weeks after starting, as long as I’m still in the UK? I am not sure if I can file DCF if the job starts remotely prior to filing, despite indicating a need for me to be in the US. The answer to this plays a role in my next question…

 

13. I am worried about a delay with receiving our marriage certificate prior to filing/job start. I am wondering if anyone knows what flexibility there is (if any) if for the petition we provide an official confirmation of marriage, with the intention of providing the actual certificate by interview stage? I’m doubtful but had to ask.

 

We have been heavily considering all possibilities (especially if DCF does not work) so if anyone can give advice or hope with this situation it would be greatly appreciated. I’m worried sick! Thank you so much for your time. 

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Boiler Grand Master

Boiler   45,486

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Can you not just marry in the UK? I thought it was legal now.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,486

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Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the United Kingdom legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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moshupichi Newbie

moshupichi   0

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Thank you but I’m not talking about same sex marriage, we are opposite sex man and woman, I am saying it is not yet possible for opposite sex couples to convert their civil partnership to a marriage in England or Wales. It is only possible if same sex. 

Edited by moshupichi
Removed Scotland
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SalishSea Grand Master

SalishSea   17,827

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5 minutes ago, moshupichi said:

Thank you but I’m not talking about same sex marriage, we are opposite sex man and woman, I am saying it is not yet possible for opposite sex couples to convert their civil partnership to a marriage in England or Wales. It is only possible if same sex. 

You absolutely are not eligible for DCF (or regular consular processing for a CR-1 visa) without a legal marriage and a certified copy of the marriage certificate.  

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moshupichi Newbie

moshupichi   0

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7 minutes ago, SalishSea said:

You absolutely are not eligible for DCF (or regular consular processing for a CR-1 visa) without a legal marriage and a certified copy of the marriage certificate.  

Great thank you. We will be able to convert it to a marriage ETA: in Gibraltar and may likely need to opt for the standard CR1 route if we don’t get the certificate in time.

Edited by moshupichi
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Crazy Cat Grand Master

Crazy Cat   41,845

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***Thread locked per OP request***

"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)

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