Anyone4tea

Hi,



I have looked into DCF in the UK. To do DCF, apparently, the US
consulate needs a "Leave to Remain" stamp in the passport of the USC.
I'm still looking into how to get this.



Now comes the question of legality, and I'm directing this to Matt
and Folinsky.



My question is:



If my fiance (then husband) has a Leave to Remain stamp in his passport
- even if he is here for a week to obtain this - can we do DCF?



Will the fact that he still has an abode and job in the states cause red
flags for the USCIS (I think I'm answering my own question here - but
I'll persist for a bit - bear with me guys). Will the fact that he stil
has a job in the States mean that they could take the DCF as fraud
(even though the marriage is real).



I'm racking my brains to think of different avenues we could take.



Thanks in advance,



Kath (with racked brain)

Anyone4tea

Hey! I just realised! I got a star under my Avatar today! I've been
inaugurated as a true member of BExP!



Sad life, isn't it?!



Kath

Sunflwrgrl13

Originally posted by anyone4tea

    > Hi,


    > I have looked into DCF in the UK. To do DCF, apparently, the US
    > consulate needs a "Leave to Remain" stamp in the passport of the USC.
    > I'm still looking into how to get this.


    > Now comes the question of legality, and I'm directing this to Matt and
    > Folinsky.


    > My question is:


    > If my fiance (then husband) has a Leave to Remain stamp in his
    > passport - even if he is here for a week to obtain this - can
    > we do DCF?


    > Will the fact that he still has an abode and job in the states cause
    > red flags for the USCIS (I think I'm answering my own question here -
    > but I'll persist for a bit - bear with me guys). Will the fact that
    > he stil has a job in the States mean that they could take the DCF as
    > fraud (even though the marriage is real).


    > I'm racking my brains to think of different avenues we could take.


    > Thanks in advance,


    > Kath (with racked brain)



Don't know if that would be technically legal or not, but you'd be
spending an awful lot of money. If your hubby gets a Settlement Visa to
join you in the UK does that automatically give him a Leave to Remain
stamp in his passport? If I remember correctly, I believe it is around
$500 to get a Settlement Visa (that may have been for a fiance visa
though). Then you have to pay the fees to file the I-130 and the visa
fee. Talk about hurting the pocketbook.



Jamie

Anyone4tea

Originally posted by sunflwrgrl13

    > Don't know if that would be technically legal or not, but you'd be
    > spending an awful lot of money. If your hubby gets a Settlement Visa
    > to join you in the UK does that automatically give him a Leave to
    > Remain stamp in his passport? If I remember correctly, I believe it is
    > around $500 to get a Settlement Visa (that may have been for a fiance
    > visa though). Then you have to pay the fees to file the I-130 and the
    > visa fee. Talk about hurting the pocketbook.


    > Jamie



Jamie - it might be slightly more expensive but to be honest I really
couldn't care about the money. We just want to be together. I am
exploring every option at the moment (legal of course).



Kath

Anyone4tea

Originally posted by anyone4tea

    > Jamie - it might be slightly more expensive but to be honest I really
    > couldn't care about the money. We just want to be together. I am
    > exploring every option at the moment (legal of course).


    > Kath

bump

L D Jones

anyone4tea wrote:
    >
    > Hi,
    >
    > I have looked into DCF in the UK. To do DCF, apparently, the US
    > consulate needs a "Leave to Remain" stamp in the passport of the USC.
    > I'm still looking into how to get this.

The US consulate in London will accept proof of residence in the UK
other than "Leave to Remain.". I filed DCF without it but I did have a
valid UK work permit and had been in the country for over 3 years at the
time I filed

Here is what the consulate website says about the residence requirement
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

To obtain Leave to Remain in the UK one has to apply at the British
consulate in the US. The passport will be sent back with the 'visa'
inside (if you don't go in person). You have to show the British
consulate that you can support him so that he won't become a public
charge after arrival in the UK (similar to US requirements but much more
informal -- IND don't publish, to my knowledge, 'poverty guideline'
figures, for example). The UK form is more straightforward then the US
equivalents. I understand it is quite expensive

    > Now comes the question of legality, and I'm directing this to Matt
    > and Folinsky.
    >
    > My question is:
    >
    > If my fiance (then husband) has a Leave to Remain stamp in his passport
    > - even if he is here for a week to obtain this - can we do DCF?

It may not be possible to obtain Leave to Remain in the UK after
entering as a tourist. It is safer for him to arrive at a UK Port of
Entry with "Entry Clearance." Up until sometime last year, the UK
permitted adjustment from tourist to Leave to Remain as the spouse of a
British citizen without the foreign spouse having to leave the country
but, as I understand it, this is no longer possible. I believe if he
arrives in the UK as a tourist and you marry there even if you show up
at an IND 'Public Caller' unit (eg, Croydon) in person the application
will be denied and he will be told to apply in his home country

You should check on this with IND/FCO
www.ukvisas.gov.uk
or http://www.britainusa.com/visas/visas.asp
and http://www.britainusa.com/visas/guid...ent_Spouse.asp

LD

Anyone4tea

Originally posted by L D Jones

    > anyone4tea wrote:

    > >

    > > Hi,

    > >

    > > I have looked into DCF in the UK. To do DCF, apparently, the
    > US

    > > consulate needs a "Leave to Remain" stamp in the passport of the
    > USC.

    > > I'm still looking into how to get this.


    > The US consulate in London will accept proof of residence in the UK

    > other than "Leave to Remain.". I filed DCF without it but I did have a

    > valid UK work permit and had been in the country for over 3
    > years at the

    > time I filed

    >



I have been knee deep in DCF research over the past couple of days and
it seems that the Leave to Remain is easier to obtain. If he comes over
on a UK fiance visa, we marry, and he then obtains a spousal visa he
gets the Leave to Remain at the same time.



I am in contact with the US Embassy in London about their absolutely
specific requirements for DCF - want to make sure I have researched
every avenue before I post anything, but it *seems* possible from the
nosing about so far that we can do DCF.



Don't take this as gospel, I'm still looking into it, but when I'm sure
of the answers, and have received responses and definite answers from
the relevant authorities, I'll post my research.



Thanks for those links - just going to check those out as well,



Kind regs,



Kath

Dimsie

Originally posted by anyone4tea

    > I have been knee deep in DCF research over the past couple of days and
    > it seems that the Leave to Remain is easier to obtain. If he comes
    > over on a UK fiance visa, we marry, and he then obtains a spousal visa
    > he gets the Leave to Remain at the same time.


    > I am in contact with the US Embassy in London about their absolutely
    > specific requirements for DCF - want to make sure I have researched
    > every avenue before I post anything, but it *seems* possible from the
    > nosing about so far that we can do DCF.


    > Don't take this as gospel, I'm still looking into it, but when I'm
    > sure of the answers, and have received responses and definite answers
    > from the relevant authorities, I'll post my research.


    > Thanks for those links - just going to check those out as well,


    > Kind regs,


    > Kath





Hi Kath.

Fred and I are in a similar quandry regarding DCF. You are ahead of us
in that you've already got a place in the K.1 queue at TSC. So far we
are still pondering on what to do next.

I'm waiting for information from the US Embassy in London, like you, to
confirm that "grey area" about residency.

What it appears to amount to is that the USC has to emigrate here (on
paper, at least) with all the attached expenses and form-filling, in
order to be able to submit I130 to the London US Embassy instead of one
of the US service centres.

The advantages, as far as I understand it, are that the process is
completed in much less time, and that the foreign partner can arrive in
the US as a conditional permanent resident without haing a further wait
for the Adjustment of Status to go through.

The latter is important in our particular situation.

I'm wondering how long it takes for the Croydon Office to process the
spousal visa/Leave to Remain, if applied for by post. On a couple of
sites I found some mention of 2 to 6 months, which could pose
problems.....and yet it appears one can obtain it in person if willing
to queue at unearthly hours for long periods.

Another grey area !

We had come to the conclusion that because of the DCF grey areas, we
would perhaps feel more secure getting in the K1 queue at TSC, behind
you ! Your posts have made me start wondering again though.

I'll post any new info. I find and will watch for more from you.

Good luck

Ann