DCF Question

Hi there!

My English husband and I have been living in London since August 2005, shortly after we were married in July 2005. I am an American living here on a British Spousal visa.

My husband and I met while we were working at Disney in Florida. He was on a Q1 Visa for one year. During that time, he acquired a Social Security number.

Before we got married, we had decided to live in the US after our wedding. We applied for an American Fiancee Visa. He was approved. But a few months before the wedding, we decided to live in London after the wedding. He still entered the US on his Fiancee Visa {valid for only one entry.}

We are speaking about going back to the US for a few years for various reasons. We want to permanently settle in the EU after our possible time in the US.

I have understood that our most practical visa would be the DCF. I also now understand that I must have ILR before applying which would be August 2007 for us {married in July 2005, entry to UK in August 2005.} We do not mind waiting that long; we are very much enjoying ourselves here!

Since my husband already has a Social Security number, 2 prior US visas, clean police record, passing approved medical exam from American Embassy in London and all the other documentation regarding him at the American Embassy {from the Fiancee Visa}, etc... Will this make the process go quicker?

I'm not sure I understand the DCF completely.... Is it almost a lottery where they approve some people to get their visa quickly while others are rejected and must go the 'slow route?'

As an after thought to point out again, we do not plan to live in the US permanently. For now, we are looking at 2-3 years. We will then return to the EU. {After we live in the US for 2-3 years, will I then return to the EU with my ILR or will I need to re-apply again for the Spousal Visa and/or ILR? Is it just worth it to stay here the 3 years to get my Naturalization and never have to deal with immigration again?

I have posted this question on another site and someone answered with something about "Right To Abode" in the UK??

Thanks in advance for any thoughts and advice.  I apologize for the simple questions but my head is muddled by these horribly low and dark clouds with rain we are experiencing in London right now.

Glad to be back here to UKY! 

DCF stands for "direct consular filing"...which means what the name implies: you file for the visa at the consulate instead of having to go through the service center in the US. It is the same spousal visa either way, with the same documentation and fees. It is shorter because instead of applying to the service center in the US which has jurisdiction over your last US residence, and then sending on certain documents to the NVC (national visa center in New Hampshire) to be approved, and THEN getting the interview in London; you apply to the consulate in London and if approved you are scheduled the interview and bring all your documents with you to that interview (no middle man, the NVC, so time is shorter.)

Does this make sense? Hope so! You don't have to have ILR in every case...it seems like if you have been married and living here for over a year or so you might be accepted. I was here 10 months when I applied for a spousal visa for my husband last June, which was denied and sent on to the service center in Vermont. His interview in London is May 30! So, my application was accepted in July at Vermont making it just about 10 months for the process. 

If you try to DCF and they say that for immigration purposes your real residence is still in the US, then you will just go ahead and apply to a service center in the US.

Good luck!