DCF Info from 2007

Hi Everyone,

I know its been absolute yonks since Ive posted but I wanted to check in, say hi, and make a little update on DCF since there seems to be a lot of inaccurate information floating around about it. I hope the new info will not only update the people here who are giving advice but also help new and current members looking at Repatriation to the US and avoid any unnecessary bumps because of out-of-date information.

1. DCF is open to all US Citizens holding a current UK Visa (or who have British Citizenship) and having lived in the United Kingdom for at least 11-12 months prior to the day they send the I-130 to the Embassy. There is *no* two year residency requirement and having a specific visa (such as ILR) is *not* necessary.

2. The current processing times for DCF are approximately 4 - 5 months. Service Center processing times range from 9 - 13 months depending on the Service Center. The US Service Centers are experiencing a back-log, however Spouses of US Citizens are not required to wait for a visa number to become available to them. Applications filed to the US Service Centers *will* be processed, albeit a bit more slowly than a DCF application would take.

3. It is not necessary for the US Citizen to be employed or have sufficient assets / savings in order to sponsor their spouse / children. A US Citizen who is present and settled in the US can act as a co-sponsor and meet the income requirement on behalf of the US Citizen Petitioner. This co-sponsor may be anyone who is willing and able.

4. US Citizen Petitioners are not required to live in the United States. It is widely thought that the USC Petitioner must have their residence in the US before they can petition for a family member. When filing through DCF you are considered resident in the UK with the *intent* to relocate to the US once the family member's visa has been issued, and that in itself is sufficient. When filing through the US Service Centers, whether you are located in the UK or in the US, you are considered resident in the US by default.

I hope this clears up some common misconceptions about the DCF process (and a few about the SCF process as well).

Good luck to you all in your pursuits!
Sarah

A little update -

Over at DIA we have at least 4 members who recently filed their DS-230 and DS-2001 at the same time as their I-130 who have suffered from very unusual and extreme delays in their processing.

Normally sending the DS-230 and DS-2001 at the same time as the I-130 results in a speedier application process, but recent evidence to the contrary suggests that the Embassy have begun dropping the ball when handling cases submitted in this manner. Multiple case files have been opened and subsequently the cases have been stalled due to poor communication between the departments handling each section of the application. It seems like a classic case of the left hand not knowing what the right hand is doing.

The members which had experienced such delays had to call the US Embassy paid help hot-line in order to get their applications moving again. Thankfully, all four have their interview dates now but they paid a great deal in stress and effort to get them.

In response to their troubles, I wanted to post to let others know about the issue so they can proceed with caution or follow up on any cases which may appear to be stalled. At DIA I am currently advising our members not to file the DS-230 and DS-2001 at the same time as the I-130, at least for the foreseeable future.

Cases where the DS-230 and DS-2001 are filed simultaneously and without delay following receipt of the I-130 approval notice are currently being processed relatively quickly through the interview letter stage. Interview letters are generally landing on doorsteps approximately 7 - 14 days following the Embassy's receipt of the DS-2001.

I hope this helps others avoid any frustrating delays.

All the best,
Sarah

Hi Sarah,

Long time no see. I hope that you are doing well.   

Thanks for keeping us UKer's up to speed!  Good to know as we are possibly considering "the move" once again and I need to brush up on the entire process for a 2nd time.

Thanks Sarah. I keep an eye on things here as well as on DIA every now and then, because like Jules, we may be heading that way in the next year or so.

DIA has been a savior to me in moving David back to the USA!!!!!

XXXX Sarah and Martin!

Thanks Sarah.  We are also considering moving back to the US and all the information available is most helpful.  I found the US Immigration site rather complicated, so your explanation was a lot easier to understand. 

Ellen

One more update.  Some changes happened in March and now you need to have lived in the UK for 6 moths instead of the previous 11 or so.  Before, it was just a matter of luck on whether you were allowed to DCF at 11 months or not but now they have an official guideline.

June

Just got my I-130 returned 

They said that they don't process visas for people that have "LLR" in the UK and have not been resident long enough. I don't have the exact wording with me, but how contradictory is that?

I sent back the file with my student visa copied into it too so they could see I have been a resident of the UK for more than 2yrs now. I thought you could file DCF if you have been a resident of the UK for more than 6mts? I have been here on my spousal visa since November 2006 - just under a year. My residency is the UK - how can they not allow me to file DCF?

Just got my I-130 returned 

They said that they don't process visas for people that have "LLR" in the UK and have not been resident long enough. I don't have the exact wording with me, but how contradictory is that?

I sent back the file with my student visa copied into it too so they could see I have been a resident of the UK for more than 2yrs now. I thought you could file DCF if you have been a resident of the UK for more than 6mts? I have been here on my spousal visa since November 2006 - just under a year. My residency is the UK - how can they not allow me to file DCF?

In referance to this, the extract from the letter is below

This office only accepts petitions from US citizens who reside in our district. US citizens whose principal residence is not in our jurisdiction, and/or who have entered the UK as a temporary visitor/student/or with limited leave to enter and remain in the UK must file the petition with the appropriate USCIS office in the US.

The UK Entry clearance stamp indicates that you have only been residing in the UK since November 2006, however, your biographic information (G-325A) suggests that you have been working and residing in the UK since August 2005.

If the latter is the case, please provide any other UK Entry Clearance stamps reflecting your status from August 2005

The 2nd and 3rd paragraph we are OK with and have supplied the appropriate student visa, however, the 1st paragraph worries us. I assumed you could DCF with an LLR, can somebody confirm this please.

I don't know why they aren't allowing you to DCF but I had only been in living in the UK with my FLR for 11 months when I applied and I had no problems.  That said, the embassy hasn't been acting very strange lately.  I hope you can find out what the problem is!

June

Just to update - they did accept it. I had to send my student visa to prove I was here legally for a year in 2005-2006 before we got married. My filing date is Aug. 29th So only a couple months wait and more fees, complicated forms and waiting.

Excellent news pittpanther!

I love this site!  The more I read, the more I learn.   
I was full of questions about visas, moving to the UK, getting married, etc. and found great answers without even asking.  Then a million questions were popping around in my head about eventually moving back to the states with my sweetheart and VOILA! I found the motherlode of information right here.  And the best part is you all make it seem much less intimidating and scary than it was at first.
Thank you!!!