Re: Visa question (Current DCF procedure)

Just to pop in on this thread and ask, can anyone point me to the current rules and regulations about filing DCF? I have not even moved to the UK yet, but, my husband and I are (tentatively) planning on heading back to the US after I am there for a few years. Would we be able to get him his green card and file DCF after only being married for a few years? Again, if anyone can just point me in the right direction to find clear info on this, that would be great. It may be quite possible everything will change by the time we would be looking to go anyways but it is always good to have knowledge about it.

This site may help answer some of your questions, click on the spouse link:

http://www.usembassy.org.uk/cons_new/visa/iv/index.html

And then there's http://forum.diveintoamerica.com/ to help you along the way.

As things stand at the moment, if you are married 'a few years' at the time you do DCF, you shouldn't have any problem...I'm not sure what the minimum residency time in the UK is before you can actually do DCF, but I think you have to show that you are actually resident in order to do it.

I've been using the link Jules gave, as well as Dive Into America and US Embassy in London (http://www.usembassy.org.uk/) over the past couple of years just to try to be aware of any changes so that when and if we decide to do it, we'll at least have a clue!

You have to have lived in the UK for at least 6 months if not longer and be able to show when DFC filling that you have residents here in the UK through the visa you have.

I am unsure with regards to having to be married as some come over on a fiancee visa to start and change to a spousal visa once married.


www.diveintoamerica.com is a good place to look for info.

Sonya

You will be fine. We were married less than 2 years when we got my husbands DCF and the only difference is that we have to reapply from within the US 2 years after the date of entering the US for his permanent green card. It is a very easy process.

Good to know, will my husband be able to work right away after we do DCF filing and move to the US?

You will be fine. We were married less than 2 years when we got my husbands DCF and the only difference is that we have to reapply from within the US 2 years after the date of entering the US for his permanent green card. It is a very easy process.

If you happen to be married 2 years or more, however, it's a permanent green card from what I understand.  And he will be able to work right away.

Good to know, will my husband be able to work right away after we do DCF filing and move to the US?

Yes though he will have to acquire an SSN.

If you happen to be married 2 years or more, however, it's a permanent green card from what I understand.  And he will be able to work right away.

Sorry I didn't make this clear - this is correct. If we had been married 2 years it would have been a permanant green card right away.

He will be able to work right away, he can show that he is waiting for his SS# if he doesn't receive it quickly, but my husband had his within 2 weeks of arriving in the US.

Is the SS# something we could apply for from the UK before we are going to arrive to the US to have that out of the way? Ok, so in your experience he got his right away. I hope it will still be like that! Do you remember how much the DCF process ended up being for you guys and about how long it took? I am hearing about 4 months, but, am thrilled that we can be together through this process so don't mind the wait.

No, you get the ss# when you enter the US, that is when you apply and I don't think you can do it earlier. Our process took almost exactly 5 months, and it was last year!

I entered the US in January 2009 on a student visa. The university assigned temporary SSN's to all the international students for use at the university and also in order to be able to open a bank account at selected branches, but because I was working as a TA, I was required to get an official SSN - I applied for it the first week I was there (during orientation) and I received it about 2 weeks later .

Sorry I didn't make this clear - this is correct. If we had been married 2 years it would have been a permanant green card right away.

If you have not been married 2 years, is it a case of paying fees again in two years time? 

My DH and I are planning a move to the US and as it stands we were thinking of applying in early April, which is a month away from our 2 year anniversary.  I am thinking now we should just wait another month and be eligible for a perm green card.  Does this sound like the less expensive option?

If you have been married 2 years at the time of approval (generally 4-6 months after you apply) then that is what matters. So actually waiting the extra month to apply won't make a difference! But fwiw you do have to pay to have conditions lifted after 2 years if you were married less than 2 years at time of approval.

Yup extra fees to file Adjustment of status, currently at 1010 dollars.  Cheaper to do DCF after 2 years marriage!