Heya,
Firstly, according to a Consular officer at the Embassy that I spoke with (the same guy who denied my DCF because we weren't here long enough!), you only need to be here for around a year minimum before you start filing for DCF, but this does depend on your circumstances and how they are feeling when they look at your application! However, here's what I'd do in your situation (after exploring virtually every option available, I should be relatively accurate!!):
- If you wanna move back to the USA *as soon as possible*: File your I-130 Petition soon with a US Service Centre that services your mothers address in the US. So, for example, if she lives on the West coast, file with the California Service Centre. Put on the I-130 that YOU live at that address in the US and that your husband lives here in the UK. Don't worry - the form is only asking for your "permanent" address, and since you only just got here, the USA is still your permanent address. That should get approved within 4 to 6 months (depending on the service centre), and you should use that time to get your police certificates, etc. After that they will start Administrative Processing at the London Embassy. That process could take anywhere from 2-4 months, depending how fast you respond, if you have all your docs yet and how busy they are. So theorectically you could have the visa between 6 and 10 months (subject to immigration delays, and assuming you are a full US Citizen and that your husband has full UK residence). The fact that your husband only just got here could be frowned upon, but as long as he has good reasons and you can show police reports, etc, for all countries, you should be okay. All US Citizens have a right to have their spouses with them, no matter how many countries their spouse has previously lived in, or for how long! ANY US Citizen can file in the US - only the DCF is a "privilege".
- If you want to wait a little longer, you can wait just over a year, then file the DCF. This will take about 3 months to process the I-130. However, this method is still a little riskier as they may still see it as "abusing" the privilege as your husband isn't a British Citizen.
Personally, in your situation, I would use the first option above. It's the surest way to get the visa. Also, remember that all documents may have a validity - for example UK Police certificates are only valid for 12 months, as are the I-864 Affidavits of Support.
Thanks!
S.
OK...so we finally got here to the UK officially and now it is time to start plotting how we're going to get back to the US! We would like to move back in a year or so (I've given myself up to 2 years. If my 16 year-old comes over and finishes her two more years of school here then there is no problem, but she really doesn't want to move here if she doesn't have to, but doesn't want to spend any more time than she needs to with my mom, as it is quite tense...as is any relationship with a teenage girl!) and we're wondering when to start the process to obtain a visa for my husband. He will need documentation from the former USSR (he left right after graduating from university and sought asylum in Hungary before the dissolution of the USSR. He still has his mom living in Moscow) and also documentation from Hungary. So, we moved this way as it was the fastest solution to getting together as we had already had two years of transatlantic relationship angst and know it is going to take some time for the US visa process to be completed.
I guess my question centers around my remembering a post that mentioned it is frowned upon to move to the UK and then seek a settlement visa for your spouse to move to the US right away. Any info or comments will be greatly appreciated!
