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Topic: FEW DCF Inquires  (Read 1769 times)

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FEW DCF Inquires
« on: August 02, 2010, 06:53:58 PM »
I have been looking into the whole repatriation thing.  I also searched DiveIntoAmerica.com, which had alot of old information as well.  Was wondering if someone on here could answer a few things for me.  

1.  In regards to co-sponsor:  I understand they need three years tax returns and to fill out the form.  What else is needed as far as documentation for them?  Would it just be based on last years tax income wages?  Or do they calculate current income as well?  Does this need to be notarized like the sponsors 1-864? Since I am in the US now, can I have her fill out this form, or does it need to be most current?

2.  How long after the visa is approved and all appointments are done, do you have to enter the US?  Is there a specfic time frame after everything is complete, that you need to enter the country or risk having to apply again?

3.  I am aware the charges are broken down into increments per form, does anyone know the current total charges?

4.  And last, I understand to file DCF you need to have been in the UK living for at least 6 months.  I have been in the UK under a fiance visa for that time, longer now as I am morphing into the FLR(m).  What documents could be proof of my residence?  I do not have any UK bank accounts, a job yet, or any bills in my name.  Would my entire passport copied, NHS letters, NHS card, suffice?  If not, what do I need to start obtaining.

5.  Also I read on the US immigration site that you need an I-129f also, in combination with the I-130?

I want to start this process soon, as I am having a child in November, and would like to be back in the States by this time next year at least. Thanks for the help!
« Last Edit: August 02, 2010, 07:33:27 PM by erikab1983 »


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Re: FEW DCF Inquires
« Reply #1 on: August 02, 2010, 08:32:13 PM »
I brought my UK hubby back to the States a little over 4 years ago, so I can help with some of your questions but I'm afraid some of my information would be out of date.

DiveIntoAmerica was helpful, but yes, it's old information there now. Try www.VisaJourney.com - it's full of information and it's very up to date.

1) We didn't have a co-sponsor so I'm no help here.

2) We had 90 days for him to enter the US with his "Mysterious Brown Envelope"

3) Sorry - I'm out of date on the fees

4) Be very careful here. We had been married for approx 6 months (and I had been in the country 9 months) when we filed and I had been granted the FLR shortly after our wedding. However, our application to DCF was denied because I was not considered a "permanent resident" of the UK (per the letter from the US Embassy - it said I had not demonstrated intent to settle.) Several people later told me if I had been in the UK for over a year I would've had a better chance. Instead, we had to file at the USCIS in the States. Your proof of residency will be your UK Visa. DCF is issued at the discretion of the US Embassy personnel.

5) Yes, that was the quickest way in. The I-129f got us the Conditional Residency (CR1) for my husband so he could enter the US while they processed his Permanent Residency card via the I-130 (K-3 Visa). It didn't entitle him to a Social Security number or ability to work, but at least he was here with me.

Sorry I couldn't be more help but I'm sure someone else can chime in with a more recent experience.

May 2005 - Moved to UK on Fiancee Visa
July 2005 - Married UKC
Sep 2005 - Received LLR
July 2006 - Moved to US
May 2024 - Received UK Spousal Visa Entry Clearance


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Re: FEW DCF Inquires
« Reply #2 on: August 02, 2010, 09:57:20 PM »

I was reading the DCF Filing posting on here, with the timeline.  It doesnt say anything about the 1-129f, I read that off the USCIS website.  So do I need to submit both forms then?  I am desperately trying to find more up to date information.  

I know in the past you couldnt file dcf unless you had been married two years, and that has since changed. And since you were denied, how did you file through the USCIS when you were out of the country?  I really dont want to stay in the UK another year, we can have a much better life at home.  Wouldnt having a child, holding a valid visa, NHS system paperwork be valid proof to settle?  
« Last Edit: August 02, 2010, 10:06:06 PM by erikab1983 »


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Re: FEW DCF Inquires
« Reply #3 on: August 02, 2010, 11:01:58 PM »
If you are able to DCF, then you don't need to worry about the I-129f - that was created as a way for spouses to be together during the Visa application process. If you can DCF then you skip all that and get the Visa very quickly.

Yes, the 2-year rule was abolished. Now there is no set time criteria, but it is up to the US Embassy personnel as to whether or not they let you do it. The NHS paperwork won't mean anything. Your UK Visa would be your proof of intent to settle. However, if the US Embassy thinks you only got that so you could stay here while your husband gets his US Visa, then they don't consider that "settled" - or at least they didn't in my case.

My timeline: Came to UK in March; married in July; FLR in August; Applied to DCF in December.

They sent me a letter saying I wasn't eligible for DCF and they forwarded my application to a USCIS office in the States.

If you've been here longer then you have a better chance.

Again, check out VisaJourney for current timelines and tips from people who are going through this right now. They might have some advise on pleading your case on your cover letter or some other tips.
May 2005 - Moved to UK on Fiancee Visa
July 2005 - Married UKC
Sep 2005 - Received LLR
July 2006 - Moved to US
May 2024 - Received UK Spousal Visa Entry Clearance


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Re: FEW DCF Inquires
« Reply #4 on: August 02, 2010, 11:28:40 PM »
Ok, well either way as long as it gets processed I guess. 

I have registered with VisaJourney and posted this thread there as well.

In regards to your documentation, to prove residence whether it was US or UK, what did you include.  I was reading on the US embassy site, about the I-864 and what to submit. It said a most recent tax return, and assets. As I rent, and do not own my vehicle..I do not have "assets". I will be using a co-sponsor...but was just curious if I need to include my US bank statements, it has no money really..but as proof of residency? 

I have to say, the US immigration process seems much more difficult, and in depth..versus the UK.  Not to mention the instructions for the forms couldnt be more confusing.


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Re: FEW DCF Inquires
« Reply #5 on: August 03, 2010, 12:28:01 AM »
Please do not be discouraged! Just because my attempt at DCF failed does NOT mean yours will. It's subjective. And it's definitely worth you trying. If for some reason they do not accept it, you will know pretty quickly so you would't lose much time by trying.

I had maintained a bank account in the US that didn't have much money in it but I included that with my "assets" in addition to the joint account that Hubby and I had in the UK. I also had my tax return (which didn't list him 'cause we hadn't been married that long) - that's more for proof that you are a good US citizen who files their returns.  ;)

I have to say, the US immigration process seems much more difficult, and in depth..versus the UK.  Not to mention the instructions for the forms couldnt be more confusing.

Amen, sister!  ;D
I'm sorry to say you have a LOT of paperwork ahead of you, but it's nothing you won't be able to do yourself.  Best of luck! 
May 2005 - Moved to UK on Fiancee Visa
July 2005 - Married UKC
Sep 2005 - Received LLR
July 2006 - Moved to US
May 2024 - Received UK Spousal Visa Entry Clearance


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Re: FEW DCF Inquires
« Reply #6 on: August 03, 2010, 01:04:46 AM »
We did DCF, and you have 6 months to enter the US to activate the visa.

I had been living there 2 years when I applied, and we had a baby, and we still received an RFE (request for evidence) so we had to send 3 notarized letters from friends/family stating our marriage was legal and real. Unfortunately a baby is not set proof of a valid marriage.

If you have been married for less than 2 years at the time of approval then your husband iwll get a conditional green card, and you will have to apply 2 years later to remove the conditions to get a permanent green card. We are in the midst of that right now.

We applied for DCF at the end of February, received the RFE beginning of June, and had our interview and were approved beginning of August, so about 5 months.


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Re: FEW DCF Inquires
« Reply #7 on: August 03, 2010, 04:21:57 AM »
thanks for the responses.  I am not discouraged, but did you have to refile through ucsis or did they just send it on from the embassy for you?  Did you lose the money for the petition? 

I am just really confused as to what to send in with the forms, I read the checklists, but there has to be more.  I mean a marriage certificate, tax forms, and passports essentially cant be it??  The timeline says you need three years tax forms, but as I understand both of you only sent one years? 

My main questions revolve around the co-sponsors.  I am in the US now, and wanted to go ahead and get my mothers tax docs, and birth certificate.  Thats another thing do I really need her birth certificate? And does she need anything else, i.e. bank statements, proof of tenancy?  Is the income requirement just based on last years return (as she over qualifies), or is it current income as well? 

I am just thoroughly confused, I dont want to not send enough documents, and be scrambling at the last minute. Trying to get my ducks in a row sooner than later. 

Also I read about proving domicile?  Isnt my US passport, and a bank statement from the US proving domicile?  And what address do I put on these forms if filing from the UK?  My domicile would be my moms residence, which I havent lived at since I moved to the UK.  Do I put my UK address on the forms.

I know these sound really stupid, but I am have been reading so much at different websites...my head is spinning.


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Re: FEW DCF Inquires
« Reply #8 on: August 03, 2010, 05:53:10 PM »
The US Embassy sent our application on to the USCIS office - we didn't do anything. They sent us a letter telling us what they had done and to contact the USCIS for any further questions.

This is different than the RFE that Andrea922 received - ours was not a request for more evidence, it was a flat denial of DCF.

The cost was the same no matter where we filed so we didn't lose any money.

As to the forms, you're probably confused because you are thinking about how you did your UK Visa application. These are two totally separate systems so you really can't use one as a reference to the other.

For a US Visa, there are several steps with different paperwork required at each step. We sent in what was required for the first set of paperwork, but the interview at the Embassy was when we were required to show additional proof. I'm just remembering off the top of my head, but we had to show payslips, bank info, tax returns (yes, again!), police report, marriage certificate, birth certificates, passport photos, etc. There's a form that you have to fill out but cannot sign until you are there in person too. I can dig all that stuff out later and PM you with details but some of those forms may be out of date since I did it so long ago.
May 2005 - Moved to UK on Fiancee Visa
July 2005 - Married UKC
Sep 2005 - Received LLR
July 2006 - Moved to US
May 2024 - Received UK Spousal Visa Entry Clearance


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Re: FEW DCF Inquires
« Reply #9 on: August 03, 2010, 09:52:34 PM »
It is all just very confusing because they dont give you a list of what documents to provide.  Bank statements/payslips were not included in the checklists.  But I just took a guess as to that would be necessary.  Most posts on this site are too old and just say, sent supporting documents...but I am not sure what they included.  Especially in the instance of a co-sponsor.


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Re: FEW DCF Inquires
« Reply #10 on: August 04, 2010, 01:20:40 AM »
We sent our marriage certificate, our lease, our bank account, our Charles Schwab accounts, our sons birth certificate, wedding invite, photos, emails from when we met on (we met at a wedding and dated long distance for a year and a half), airline ticket stubs from our trips back and forth before I moved to London, passport and passport photos, 3 years of tax returns, our birth certificates and I think that is it. Then when we got our RFE we sent in the 3 affadavits. We didn't have a co-sponsor, so I can't answer that. We were buying a house in the US so when we went in for the interview we brought our documents showing this, as well as our moving company forms, so they saw we were intending on moving.


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Re: FEW DCF Inquires
« Reply #11 on: August 04, 2010, 01:21:40 AM »
Oh, and yes, my husband's pay stubs as well, and the police certificate.


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