Can she do this???

Not sure about this but I am wrong also sometime.....someone posted in a FB private forum about this and not sure she understands what she would have to do....she was very vague with information.......I am assuming her husband is here in the UK and she wants to file the I-130 before she comes here to be with him...anyway here is her post let me know what you think.........


"I am getting ready to join my English husband in London. I am not going to settle in the UK so do I still need a spouse Visa to work?  We have been told that if I file the I-130 then go stay in London for 3 months we can bypass a lot of the nonsense and he will be able to get his Visa and green card immediately after the interview and we can come back to the States then."

Does this process take more than 3 months?  I am sure it does as when Webyj went through this for her DH it took about 8 months from start to finish......I certainly don't know where this poster got her info but am sure she will be in for a big surprise when it doesn't take 3 months to get her DH to the USA........thanks for your time....take care!!!!

Well she definitely cannot come to the UK on a tourist visa for 3 months (or any amount of time) and work, that's for sure. 

It took us 9 months to get my DH's green card. Not sure what her circumstances are, but it seems a bit suspect that this would be that easy.

The process takes significantly longer when applying from the US, think closer to 1 1/2 - 2 years (from petiton I-130 to the actual visa approval - two seperate applications & processing plus more fee's) rather than the 9 months it took us from the UK with DCF.

She can't work in the UK without a spouse visa. If she does that and then applies in the UK with the I-130 DCF process it could take about a year, maybe less. But she will have to prove that she is primarily resident in the UK to qualify for the DCF or they'll kick it back to the US for processing rather than doing in in London.

Sounds like someone hasn't done their homework.

But she will have to prove that she is primarily resident in the UK to qualify for the DCF or they'll kick it back to the US for processing rather than doing in in London.

This. The Embassy in Dublin was very strict on making sure I was resident in Ireland, thus eligible to apply via DCF. Since I wasn't working and had no children it was more difficult, but the finally believed me!

This. The Embassy in Dublin was very strict on making sure I was resident in Ireland, thus eligible to apply via DCF. Since I wasn't working and had no children it was more difficult, but the finally believed me!

Even though I had ILR when we did the I-130, London Embassy asked for our daughters birth registration certificate and a letter from me stating how my husband & I met and why I decided to live in the UK and why we were returning to the US. So it's not something that they just rubber stamp.

Here is her latest post.......

I found this page on the UK Border Agency site.http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/ I think this will apply to myself and my spouse as he is a British citizen and I am a USA citizen. This might make it much easier for me to live and work in the UK. Why isn't it this easy to come into the USA?

I have tried to explain to her that this is not the way she can go.....She and her DH were married in the US then he returned to the UK.....she wants to come here only for 3 months after she applies for the I-130 and continue her job that she does from home....some kind of home business......I don't know if she would come to this forum or not and listen to anyone here or maybe even to Transpondia.....I don't know some people just don't listen......told her that if she tries to come the EEA Family Permit she may be in for a big disappointment....and from what I gather they were just recently married.........

Well if her husband is British (in her post she said he was English) then she definitely can't get the EEA family permit. Not maybe, she will be disappointed when she's rejected for the permit. If I'm correct, the permit is reserved for EU/Non-UK citizens and their families.

Quote this part of the page she cited:

Although the UK is a member of the EEA, a non-EEA family member of a British citizen should not generally come to the UK using an EEA family permit.

If she has married a British citizen, she cannot come to the UK with an EEA permit.

I can see her confusion, though. As that quote says "should not generally". Someone should explain to her that it actually should read "cannot".

And then yes, you should send her here before she makes an expensive mistake!

I suppose it might be possible if the US/UK people lived in another EU country before moving to the UK? 

I suppose it might be possible if the US/UK people lived in another EU country before moving to the UK? 

Yeah, under the Surinder Singh route... but it's not really a normal or common situation, so I doubt it's going to apply to many people anyway.

Even though I had ILR when we did the I-130, London Embassy asked for our daughters birth registration certificate and a letter from me stating how my husband & I met and why I decided to live in the UK and why we were returning to the US. So it's not something that they just rubber stamp.

Sorry to ask this--but My husband & I are currently going through the DCF and we've been married for 5 years, living in the uk for 5.5 *me*...

The thing is we don't have any children though, so how else can I prove I'm resident? We have a joint bank account, but what else are they looking for as "evidence"?

 I do have my ILR for the UK and my current passport which shows I've only left the country once in the whole 5.5 years for a visit home.

Thanks! (sorry for thread-jacking!)

I got really frustrated with the woman on the phone who told me I needed to prove this, but had no suggestions when I asked her what I should send. She just kept saying it was my responsibility to prove residency. I had proof of Irish health insurance, and she was like, well, you could have moved here, set up health insurance, and moved away. My name was on the phone/electric bills. Same thing.

Have you been using the NHS? You can send records that you have been seen by the doctor or dentist. I sent in an entire copy of my passport and figured if they wanted to sort out all the stamps in there, they could have at it! I think I used rejection letters from jobs to prove I was attempting to find work. I printed out some of my blog to show pictures and stories (all with date stamps) I had written while living in Ireland.

I got really frustrated with the woman on the phone who told me I needed to prove this, but had no suggestions when I asked her what I should send. She just kept saying it was my responsibility to prove residency. I had proof of Irish health insurance, and she was like, well, you could have moved here, set up health insurance, and moved away. My name was on the phone/electric bills. Same thing.

Have you been using the NHS? You can send records that you have been seen by the doctor or dentist. I sent in an entire copy of my passport and figured if they wanted to sort out all the stamps in there, they could have at it! I think I used rejection letters from jobs to prove I was attempting to find work. I printed out some of my blog to show pictures and stories (all with date stamps) I had written while living in Ireland.

Wow, that sounds like it was a hassle (and yea, getting clear answers seems to be against the rules!)

Yes, I've had a few brushes with the NHS (dentist and doctor) so I guess I'll have to see if I can visit one of them and have something printed out. I have worked here (although not lately) but otherwise I'm kind of scuppered on the "evidence" I can provide.  D'oh!