back to US?

hi! has anyone live in UK with spouse visa and moved back to the US before/upon expiry of spousal visa?

I've read briefly on the DCF i-130 and was wondering if anyone has any experience/knowledge/timeline to plan for this method or suggestions for others?

we would like to move together ideally, we won't likely have jobs in the US before moving. would i (US citizen) have to move before and establish income? my parents would happily joint sponsor.

any help is great! thank you!

I think the current "wait time" is around 6-10 months for DCF via London.

In order to use the DCF route you, as the USC, must be legally resident in the UK but only up until the point I-130 is approved (or so I understand).

You would not have to move in advance for the purposes of establishing an income so long as you can meet the income requirement together with any joint sponsors (i.e. Your income can be zero but you must still file I-864 so long as your joint sponsor(s) make up the difference). 

If you're here already then I'd strongly recommend waiting out the 5 years to citizenship and getting that before moving back to the US. It's only getting harder and more expensive here year by year.  By comparison, US visa costs for an IR-1/CR-1 are very significantly less.


UKC married to USC 2012.
USC is on FLR(M) - 1 year to go to ILR

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Sorry, I meant to say you need to have been legally resident here for a minimum period to use DCF. If that's the point of expiry of a 2.5 year UK spousal visa then the   point is moot.


UKC married to USC 2012.
USC is on FLR(M) - 1 year to go to ILR

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If you're here already then I'd strongly recommend waiting out the 5 years to citizenship and getting that before moving back to the US. It's only getting harder and more expensive here year by year.  By comparison, US visa costs for an IR-1/CR-1 are very significantly less.

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thanks for the reply! if we were to stay 5 for me to obtain citizenship, what's the process for applying for this is it ILR? how long before my spouse visa expires would we need to apply for this to ensure it's approved before my spouse visa expires? i agree this route is a good safeguard for any future hiccups or unforeseen issues.

thanks for the reply! if we were to stay 5 for me to obtain citizenship, what's the process for applying for this is it ILR? how long before my spouse visa expires would we need to apply for this to ensure it's approved before my spouse visa expires? i agree this route is a good safeguard for any future hiccups or unforeseen issues.

A lot of people "ping pong" and having citizenship of each others country will make that much easier for you both. ILR is only good for 2 years of residing outside the UK, whereas citizenship doesn't expire if you are outside the country.

You would need 5 years for ILR. You could apply for BC as soon as you have ILR as you are married to a Brit,

When did your spouse visa start?

I think the critical difference between the two systems is that the US allows joint sponsorship and the UK doesn't. What that means is that if you wanted to move back to the UK in the future, without Citizenship, your husband would need to move ahead of you.

UKC can be obtained only after ILR in addition to minimum resistance requirements, passing the life in the UK test and being of 'good character'.

Starting out on a spousal visa, this lasts for 2.5 years at which you then apply for Further Leave to Remain (FLR). FLR lasts for another 2.5 years at which you can then apply for ILR. Only after ILR has been granted can you apply for citizenship. There are financial sponsorship requirements on your husband for spousal visa, FLR and ILR. Joint sponsorship in the UK is not allowed. For the visa and FLR, you must also pay the NHS surcharge.

Given that there are effectively four points of application until citizenship is approved, there are 4 opportunities for the authorities to make the next step more expensive or more difficult. Since this particular process was introduced in 2012, they have done this a number of times. Hence my recommendation to get UKC over and done with if you're already here.  Hope this helps!


UKC married to USC 2012.
USC is on FLR(M) - 1 year to go to ILR

Sent from my iPhone using Tapatalk