In need of DCF London filing help

Question-

I am an US citizen and was married Sept 3rd in Scotland to a UK citizen. Currently I have a "Limited leave to remain" Stamp in my passport for the UK. We sent to London the, I-130, bio stuff and a copy of my US passport and UK visa, and everything else that was asked for in this first step for DCF, so my wife and I can go to the states. Four days later we got at all back with a letter from London saying we needed to apply in the USCIS office in the states. saying:

"This office only accepts petitions from United States Citizens who reside in our district. United States 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."

Currently I have been in the UK four months, on a marriage visa and now the Limited leave to remain. Can any one help me as to what I might have missed. Currently I only have a po box in the states as we have been travelling for the last year and now living in the UK four months.

Please help. I would rather not deal with filing in Nebraska when I am in Scotland.

From what I have read on the US site, you being the sponsor(US citizen) have to have an actual home address.  Are you aware that the wait times can be lengthy and there is an interview process?  My English husband and I wanted to live in my home in Tennessee but the visa wait was so long for him, that I moved here and now we will start that 12 week process, that is just an estimate.  I am sure many people on this site will have far more information, this is just what we were told. 

If anyone has any imput, I would love to hear it.

"This office only accepts petitions from United States Citizens who reside in our district. United States 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."

I'm by no means an expert on this, but at a guess, they aren't going to process this in London because you are on Limited Leave to Remain.  If you had ILR, it might be a different story.

"This office only accepts petitions from United States Citizens who reside in our district. United States 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."

I'm by no means an expert on this, but at a guess, they aren't going to process this in London because you are on Limited Leave to Remain.  If you had ILR, it might be a different story.

I called London this morning and asked them if I was able to apply for DCF with a "Limited Leave to Remain" visa for the UK. When he said this was permitted to do, I then told him that I had filed and had been rejected reading him the letter. He asked several times if I had photo copied the visa and passport and sent it with. I did and the copy also came back to me so I know it didn't get lost. He then asked about he exploration date on the "Limited Leave to Remain" visa, saying that the US might reject if there is not enough time on the visa to process the DCF. He had no way of giving me any information on my case, what are my options?

Is there any other way the Embassy might cross check to make the determination where you reside?

Read this thread in the Repatriation section (which is probably where this should be relocated to?):

http://talk.uk-yankee.com/index.php?topic=7246.0http://talk.uk-yankee.com/index.php?topic=7246.0

Read this thread in the Repatriation section (which is probably where this should be relocated to?):

http://talk.uk-yankee.com/index.php?topic=7246.0http://talk.uk-yankee.com/index.php?topic=7246.0

Yep...was just gonna point out that thread, too.  Sounds like the same logic they used in denying Emmy's application.

Fundamentally, it looks like you guys got married in the UK just so you could use DCF.  I'm not saying that was what you did, but that's what it looks like on paper, since you began the DCF process pretty much immediately after getting married.

I applied on a FLR, which is limited leave to remain - but I had lived in England with my husband for more than a year. It seems as though they are hesitant to process applications if the US Citizen hasn't lived in the UK very long, because it looks like they are trying to get around the system - even if that isn't the case.

Marlespo,

I think the law has changed in the last Month. I have paperwork from there website from August on who can apply, and in the last couple weeks the web site on who can apply has changed. I think DCF has closed for anyone that has not lived in the UK for less then 2 years. I guess I'm throwing down the challenge to see if anyone with a "Limited Leave to Remain" visa gets to file after September 15th with the embassy. I believe you need "Leave to Remain" witch you get 2 years after your first visa with the UK home office.

And to the people that use words like Privilege and perk. I truly hope you realize how lucky you where. Because the USA has taken away the right to not be separated from the person you love, and live in the country you love. 

Well the laws have been changing left and right about the whole process in the last few months, so it wouldn't surprise me if they changed this one - it compeltely explains the problems you and Emmy have been having.  :\\\'( I really think they should show flexibility to the people who apply right when the laws are changing - or God, even let people know the laws will be changing instead of doing it in retrospect... but well, blah. Red Tape sucks. And it sounds like this is getting red tapier. And I'm sorry you're being caught in it.  :\\\'(

And to the people that use words like Privilege and perk. I truly hope you realize how lucky you where. Because the USA has taken away the right to not be separated from the person you love, and live in the country you love. 

DCF is a perk, in my opinion.  In most cases, the couple using DCF does get to stay together while the paperwork is being completed.  Applying so soon after getting FLR/LLTR is seen, in some cases, as abuse of the perk, which is why those applications are usually denied.

I agree with Lola.  I'm not trying to be argumentative here, but there is a Fiance(e) Visa process going to the US and whilst it's not as attractive as the UK to US scenario, if you're going to marry & settle in the US, that's the way to go.  There are hoops to jump through both ways and attempts to circumvent either system are being clamped down on at both ends.

Thank you for your insite. I think it is important to know that if I felt the US was going to change there laws, we would have filed the proper paperwork in May when we applied for my visa to come and mary in the UK. In looking at filing in the US it is really not that bad. You send in your I 130 and the bio stuff. A letter comes back in a few days saying that they have your information and you have applied. Then you file a I129F, a month later your dealing with London like you where on your second step for DCF. I guess I'm just trying to get the information out there. I think we are looking at a time line of 4-6 months. 
 

Rentfee,

Could you please put up a link to the page that describes this new law that says you cannot DCF through London unless you have lived here for at least 2 years?
Thank you.

Jnain,

http://www.usembassy.org.uk/cons_web/ins/i130filing.htm [nofollow]

I think that it is saying that because I have a visa that says "Limited leave to remain" this makes me not able to file with London. This web page has changed in the last month or so, and for me is more confusing then it used to be.

I two years a can get a visa that says "leave to remain" from the UK. This would then fit with what is on there web site.

Please put in the research yourself. I am an Electrician not a lawyer.

Best of like please keep me posted.