Kinda Daft Question about going back

So, will someone tell me if this is indeed true or if i've been telling myself this for no reason.

For me to bring my UK husband back to the states wtih me, is the process easier if we have been married over 2 years?  Why do i remember this?  Are we not a conditional marriage anymore?

Am i dreaming?  I've been telling people that we'll have to stay at least 2 years for this reason......but i can't remember!   

Aimiloo, I am glad you have asked.  My UK husband and I think that we will have to be hear for two years as well.  I wonder why??  Hopefully someone will have the answer.  Thanks for asking

In order to file the "expedient" way through DCF (Direct Consular Filing) you should have Indefinite Leave to Remain.  Otherwise, your application will have to go through the US - read Emmy's threads in this section.

Yep, this is new - only within the last few months have they required this. I began the process inJune/July of this year and we got through just fine despite me not having ILR (I'm still on FLR). BUT - - - no can do anymore. You have to have ILR, which means if you are here through marriage you have to have been married 2 years and have to have received your indefinite leave to remain.

Yep, this is new - only within the last few months have they required this. I began the process inJune/July of this year and we got through just fine despite me not having ILR (I'm still on FLR). BUT - - - no can do anymore. You have to have ILR, which means if you are here through marriage you have to have been married 2 years and have to have received your indefinite leave to remain.

DAMMIT!!! ach weel... i guess it's loophole for me then if we want to go back to the states b4 2 years are up  :\\\'(     god that bites 

The reason they are doing it - as far as I can tell - is to avoid US Citizens "moving" to England with their new spouse and turning right around and moving using the DCF process - - - as that could, in some cases, cut months off the processing time. They want you to get a fiancee visa from the states if your intention is to live in the US. Not fair for everyone I know, but I suppose that is what they are trying to avoid. Dunno. 

it makes sense......and i knew there was a reason i've been telling people this! 

It's fine, we were planning on 2-3 years anyway.   

I think its still a gray area. The embassy website doesn't say anything different than it did back over the summer when a few of us under the 2 yr mark applied and got visas for our spouses.

Where do I file the petition? The U.S. Citizenship and Immigration Services at the U.S. Embassy in London accepts I-130 petitions from U.S. Citizens who reside in our jurisdiction. U.S. Citizens whose principal residence is not in our jurisdiction, and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States.

I also think the case of Emmy on here was an extreme case of the Embassy refusing to process their application....and that was because his US wife had only been in the UK for a very short time.

Quote from Emmy under the "Denial" thread.

She was in England for about 2 months before we went to NY together and got the settlement visa, then came back immediately (we were there for just 3 days)... We then forwarded the application to the Consulate about a week later.


Good point from Marsbar under the "Denial" thread

Im sorry that you've continued to have trouble with this matter but Im afraid I have to agree with the Embassy's decision. Although there is no hard and fast rule, the guidelines are there and they are pretty clear. From what I gather, you and your spouse went into this KNOWING that you would be attempting to play the system to your advantage, KNOWING that your application would be borderline and, unluckily for you, they caught you out.

Filing by DCF is a prividege - not a right. That priviledge is extended to US citizens who have LIVED here (ie, paid taxes, contributed to society, and experienced the culture). Being here physically for 2 months is hardly LIVING here and I am not surprised they rejected the petition.


My point is that folks who truly live here may be ok to apply. Not sure what would be deemed as acceptable...maybe 6 + months? Certainly not 2 months...I think that would raise a red flag. Just because Emmy had a difficult time trying to go through the process with his wife whom had only been here for a very short time, I don't want to assume that folks actually living here and possibly working over here will be excluded from the process.  We were married for 15 months and I had been living here for 12 months when we applied.

I think they are just trying to stop people from getting married in the US and coming back here to fast track themselves over here.  

Back to the orginal question about the 2 yr thing.  If you are married under 2 yrs then you receive a "conditional" visa and have to go through further paperwork to get that condition removed after a period of time. (I think shortly before the 2 yrs is up...the clock starts when you arrive and claim residency).  If you are married over 2 yrs when you enter the US then there is no condition and the visa is good for 10 years. Basically you are free from more processes and paperwork. It would be best to hold out for your 2 yr anniversary so you can avoid the extra hassle. 

Julie

U.S. Citizens whose principal residence is not in our jurisdiction, and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States.

I really think the bolded parts show that it is well within the Embassy's rights to deny applications from those US citizens residing in the UK without Indefinite Leave.  The sentence isn't the clearest, I'll admit - but the "or" in the first "and/or" leads me to read it as if those US citizens who have only limited leave to remain in the UK aren't technically eligible for DCF.   

As I mentioned in another thread that clause has been on the website since at least last July and several of us were able to apply and get our visas before and after that time. (I mean those of us who hadn't been here long enough to be the ILR stamp).

I do believe that they have the right to deny applications that seem suspect. Again though, if you truly live here then you don't have the physical presence to be applying in the states. I think its a judgement call by the Embassy....if you look legit.......then they will process your application.  If not then I am sure those who really need to make it happen sooner (life circumstances sometimes dictate choices) they can contact an attorney who may be able to assist.


Julie

U.S. Citizens whose principal residence is not in our jurisdiction, and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate USCIS Service Center in the United States.

I really think the bolded parts show that it is well within the Embassy's rights to deny applications from those US citizens residing in the UK without Indefinite Leave.  The sentence isn't the clearest, I'll admit - but the "or" in the first "and/or" leads me to read it as if those US citizens who have only limited leave to remain in the UK aren't technically eligible for DCF.   

Well I personally think it's dangerous to speculate/give advice when you clearly don't know the answer.

I guess my "advice" is less dangerous than telling people to go ahead and get their hopes up and try and then be "surprised" when they get refused.

Never mind, then.  I very clearly also state it's how I read it.  The quote is direct from the website.  Read it how you want.

The last thing in the world I want is to get people's hopes up for no reason. We have all been through alot so false hope is not what I am advertising here. I was just stating was has occured for several of us over the past sic months.  I don't think this topic about who is eligible and who isn't wouldnt have even come up if not for Emmy's situation where his wife was only here for a few weeks.

On another note, I don't want to speak for her....but I also friends with an American who lives near me (and is on UK Yankee) that is going through the process right now and her and her husband haven't been married for two years . The began the process in November and the Embassy has charged her credit card and she has received a letter stating that their application is in progress. They are hoping to have their interview in January...they are just waiting for confirmation of that date.

Julie

I've learned my lesson.

I'm not repatriating and I have no plans to do so ever - so I'll just stay out of this section.

Don't do that Peedal.

You've provided some really useful and accurate information/links in this section.

The information is there for everybody to read on the US Embassy Website.  Unfortunately, the wording on that website is sometimes a bit confusing.

  



edited to correct spelling...