Going from UK to US (I-130 and DCF Questions)...

Not really sure how to pose this question as for the most part this forum seems most helpful on going fro the US to the UK.

And that is what I did in September, however my Mother's health has been in question for the last month and through much discussion my husband and I have decided it is probably best at this time if we return to the states.

I've talked to some people who have done DCF (direct consular filing) here in the UK to go back to the states which drastically cuts the waiting time and I'm wondering if anyone here has done it and can offer any sort of advice or point me in the right direction to look?

My husband and I have already filled in the I-130 and the G-325a (Alien Petition and Biographic Information), now we just need to know what's the next step that we should take. Where to send it to etc. I've tried to get in touch with the US Embassy in London...who has been of no help to me at all because all they keep telling me is that what I'm wanting to do I can't do because my husband and I have been married for less than two years (what has that got to do with anything??) and that it will take 6 - 8 months for the process to be completed. I've heard by doing the DCF it only takes three months.

Please if anyone has any information what-so-ever I would greatly appreciate this or if you could point me in the right direction for information that would be fab!!!

Thanks so much for having a read.

xxx-Missy

I've tried to get in touch with the US Embassy in London...who has been of no help to me at all because all they keep telling me is that what I'm wanting to do I can't do because my husband and I have been married for less than two years (what has that got to do with anything??)

They're right.  Recently they've put a limit on who can use DCF to stop people abusing the privilege.  Some people have entered the UK as a spouse solely to put themselves in line for DCF.  It seems that they're now only letting people who have ILR (or who are very close to it) apply via DCF.  The other option is for you to return to the US and submit your DH's paperwork from there.     Does anybody know another way?

We haven't sent the application in yet because we're trying to find out where to send it to and if it will be beneficial for us to try to go about it that route. We just need all of the information because we pretty much have none.

However, the one person that I have talked to about this who is currently going this route has been married less than two years as well. It's all very tricky and we need to make sure that we do it perfectly or else we're not going to be able to afford to continue duplicating this process.

When did you friends submit their application?  I think the change has been very recent -- like within the last couple of months.  There are a couple of threads on this around here....I know one was started by Emmy. 

She just got something in the post recently that said her petition was accepted and is in review as of December 9, 2004. So very recently.

I know there are a couple of people on www.visajourney.com doing DCF from UK to USA at this moment - and some that have already done it..... maybe a quick visit over there would answer some of your questions.

Pauline

Hi Missy,

First and foremost, good luck.  It's a big decision to make the move and I understand that you wanti to be there for your mom.

I would suggest checking out the US Embassy Website and going through the immigration section, if you haven't already done so.  If you look in the repatriation section of the forum (I suspect this thread will be moved there), you will find the link in some of the posts.

The rules are changing all of the time and the Embassy is the best place to find out about them.  The information can be frustrating because there's so much of it to sift through, and generally, a lot of the forms are set up for people applying in the US.  There is an email address for the embassy and I found them to be far more helpful and responsive than the people on the phone.  They usually return emails within 24 hours.

Also check the various threads and timescales in former threads in the repatriation section.  There was a recent wave of folks who repatted with a lot of details about the process.  Again, things have changed, but it still will give you details about the process and all of the paperwork required.

When we repatted, the timescale quoted was 4-6 months.  They can't pinpoint timescales excactly as it depends upon the volume of petitions and the circumstances of each case.  But if they are saying 6-8 months, then that's what I'd go by.  Our case took exactly 4 months...

There has been a lot of discussion in the repat forum in regards to an application that was denied.  I'd like to be able to offer more advice on this for you, but I'm not the best person for that.  Our case was pretty straightforward as I'd been in England and married for eight years.

If you have any questions, just ask or pm me.  I'll be happy to share information with you and talk more about what we experienced during the process...

Good luck.
Kellie

I've tried to get in touch with the US Embassy in London...who has been of no help to me at all because all they keep telling me is that what I'm wanting to do I can't do because my husband and I have been married for less than two years (what has that got to do with anything??) and that it will take 6 - 8 months for the process to be completed. I've heard by doing the DCF it only takes three months.

Please if anyone has any information what-so-ever I would greatly appreciate this or if you could point me in the right direction for information that would be fab!!!

Thanks so much for having a read.

xxx-Missy

I have to ask - you called the Embassy and they told you something, but because it's not what you wanted to hear or didn't match anectotal "evidence" you have that it can be done differently, you're wanting to take advice from others in a forum?

Seems to me you called the place with the answers - i.e. the Embassy.  They gave you one, and now you have to do things differently than you thought.  I mean, yeah, it's possible that you'll get a different answer from a different person at the Embassy on a different day.  You could keep calling until you get the answer you want and then still get rejected if you try to do DCF.

If you've only been here since September, it's my personal opinion that the Embassy would be well within its rights to refuse a DCF application.

There is a lot of information on the website and that information can be very confusing.

Prior to mailing in your petition, I would strongly urge you to check all of the requirements on the embassy website.  Otherwise,  your application could be rejected.  DCF filing is for people who have established permanent residency in the UK.  And based on what I've read in previous posts of people who have filed recently, the way that I understand it is that you have to have resided in the UK for two years or more. 

Immigration falls under Dept of Homeland Security, and as such, I would be to play it safe and by the rules.  It would be a shame if you submitted everything, only to be turned down because your residency timescales don't meet their requirements.  This is particularly so because I'm sure you don't want to waste time when you're keen to get back to the US for your mom.

I can say that during my entire petition and process, everybody in immigration that I dealt with, either on the phone, by email or at the embassy the day of the interview, was very nice, pleasant and helpful.  They aren't there to go out of their way to make things difficult on purpose.  They are there to make sure the rules and procedures are followed.  It's the rules and procedures that can be frustrating at times, and believe me, I had many, MANY a sleepless night over it.

Again, good luck and if you pm me with any questions, I'll do my best to help you, based on what I know from our case.

Just a couple of things...

Missy you say your friend got her petition approval recently. It does occasionally take several months for the initial petition to be approved so its very very possible that she submitted her petition BEFORE the requirements changed. I'd Call or email the embassy again to verrify the information you recieved from them last time you called. See if YOU can apply - give them your specific details.

You can always apply through the service centers in the USA WITHOUT returning to the USA to have the application processed. The application should be sent to the service center that serves the area in which you last lived in the United States - NOT where you intend to live once you get there. You do not have to separate from your spouse in order to file. heres the link about filing from the UK even if the embassy does not have jurisdiction over your petition - clicky

Better yet...

If you decide to go to the united states while the application is being processed you should be able to apply for an interim non-immigrant visa called a K-3 for your husband to join you in the USA while the petition is in progress. This visa exists to keep family units together during lengthly applications. More info on this can be found by visiting the USCIS website. Here's the link for K and V nonimmigrant visa information and heres the press release on the K and V nonimmigrant visas.

heres one more link for you on how to petition from the USA and / or from the UK when the Embassy cant process for you. clicky

Best of luck.
Sarah

PS: I recently did DCF with my husband - we were approved on Oct 21 2003.