DCF on less than 2 years marriage

Hello All. I am a US citizen and I moved to the UK in February 2009 on a spousal visa. My husband and I have a daughter with dual citizenship. We have been discussing moving back to the US. Our 1 year anniversary is October 2nd. I have read that you have to be married for 2 years to file for DCF... can we still do this if only being married for 1 year?

You dont have to be married for 2 years to do DCF. The difference is in the actual visa. If you've been married for 2 years your husband immediately qualifies for Permanent Residence in the US (IR-1) rather than Temporary Residence (CR-1) and then having to do an adjustment of status after being in the US for a period of time.

ETA:

What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See  How Do I Remove the Conditions on Permanent Residence Based on Marriage?

I split this into a new topic for you.

Hello All. I am a US citizen and I moved to the UK in February 2009 on a spousal visa. My husband and I have a daughter with dual citizenship. We have been discussing moving back to the US. Our 1 year anniversary is October 2nd. I have read that you have to be married for 2 years to file for DCF... can we still do this if only being married for 1 year?

The previous poster is correct, you don't have to be married 2 years. We had been married 1.5 years at time of our DCF approval.

I read in another post that you have to have been resident in the UK for 11-12 months prior to filing DCF...

Does anyone know if this is set in stone? I don't know when iluvmybrit was planning on moving, but that could affect her plans.

My husband and I have just this week started to think about moving next summer back to the US, but we'd have to apply around December/January, and I won't have been in the UK for 12 months until March.

Not necessailry as there is no specific time requirement in the guidance for DCF. Only that you have to be residing in the UK and have the right to work in the UK, ie a visa longer than 6 months in duration.

From the US Embassy in London Website:

U.S. citizens resident in the United Kingdom may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London.

and
http://www.usembassy.org.uk/dhs/uscis/i130filing.html

The USCIS London Field Office has jurisdiction for adjudicating I-130 and I-360 petitions from U.S. citizens who have permission to reside AND who do principally reside in the United Kingdom.

Directly from the I-130:

􀂉 Proof of UK Residence: The U.S. petitioner must
provide evidence that he/she has permission to live
and work in the United Kingdom. Submit a copy of
one of the following:
􀂉 Appropriate UK Entry Clearance Stamp(s); OR
􀂉 If Dual National, EU Passport – photo page; OR
􀂉 U.S. Military PCS orders assigning you to the UK.

Thank you so much WebyJ. I've been a bit overwhelmed these last days. I knew the thread I had read was old, but I didn't know how to disprove it myself. You have set my mind at ease at least about the time frame. Now we just need to figure out what's best for us.

You are most welcome. I've been digging into the DCF process for the last year since we decided that we're going to make the jump back to the US, hopefully, by the end of next year.

That begs another question for me... I see you are eligible for ILR in 4ish months. If you move at the end of next year, you won't yet have become a UK Citizen. Is that something you had ever planned on doing?

Our original plan had me becoming a citizen in case we ever decided to come back to the UK in the future. I only have two regrets if we decide to move to the States next summer. The lost opportunity to get my citizenship, and not have having the opportunity to travel. I know we can go through the whole visa ordeal again at a later date, but I just don't want to.

That begs another question for me... I see you are eligible for ILR in 4ish months. If you move at the end of next year, you won't yet have become a UK Citizen. Is that something you had ever planned on doing?

Actually, I qualify for British Citizenship in August 2010 as I can count the 6 months that I spent as a visitor from Aug 07 - Feb 08.

Oh, lucky for you then. I'm in a tough place right now, trying to work out what's best for all four of us. Good luck with your process when the time comes

When are you due for citizenship? sometimes it can seem to be a real nightmare but from the point of view of changing your mind once back in the US and wanting to return if things do not work out over there having BCitizenship maybe easier in the long term and cheap as things keep changing and charges keeping going up. I think especially as and when you have children to add to this.

Good luck

Sonya

I won't be due for citizenship until March 2011. I just barely (by about three months) come in under current guidelines and regulations. I wanted to get it because it was such an ordeal getting over here in the first place (really, things went smoothly, it just seemed like an ordeal in my head with all the what-ifs).

If we stay, though, as our original plan was, in 4 years, it puts our oldest child at age 17 moving, right between high school and college age, with no drivers license and no work experience and no instate tuition... Unless we move in 3 years, which would be months after applying for citizenship, and to avoid that overlapping, may put them in the middle of the school year. If it was 100% up to me, I'd stay. As much as I miss my family and friends, it just feels too rushed to get everything done to be gone by this time next year.