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Direct Consular Filing in London for non-UK citizen

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dirty_valera
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Direct Consular Filing in London for non-UK citizen

Post by dirty_valera » Tue May 03, 2016 11:00 pm

Hi everyone!

My question contains both US and UK immigration related topics. Me (Russian citizen) and my girlfriend (US citizen) met a year ago when I was in US on J1. We've been seeing each other for almost a year now (I'm currently studying in Canada, so she can come visit me almost every weekend) and recently decided to get married. I recently received a job offer from a major US based company with offices all over the world, however my H1B application was not selected, so I will be working in London office on a work visa. Me and my gf want to be in US as soon as possible. The plan we have so far is to try to file for Direct Consular Filing (DCF) in London, however I have a number of questions:
1) Time and place of the marriage: when I start working, I'll have a B1 visa for work-related trips. Would it be better to get married in US, while I'm on B1 (I will have kind of 2-months training in US before starting full time in London) or wait until I go to London, fly here there (what kind of visa would she need, tourist visa etc.?) and get married in UK (is it hard/possible)?
2) One of the DCF requirements for United States Citizen (my gf) is to be in UK on a non-tourist visa. What options do we have here? My idea is after getting married, file for some sort of UK spouse visa (is there such thing, how long does it take, what are requirements?) to change her status and then apply for DCF. Would there be any problems with that?
3) I know for a spouse visa in UK, I need to have a certain income. In my case I would satisfy the requirement. What other tricks can be here? Do I have to be present in UK for a certain time?

Thank you!

Wanderer
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Re: Direct Consular Filing in London for non-UK citizen

Post by Wanderer » Tue May 03, 2016 11:07 pm

dirty_valera wrote:Hi everyone!

My question contains both US and UK immigration related topics. Me (Russian citizen) and my girlfriend (US citizen) met a year ago when I was in US on J1. We've been seeing each other for almost a year now (I'm currently studying in Canada, so she can come visit me almost every weekend) and recently decided to get married. I recently received a job offer from a major US based company with offices all over the world, however my H1B application was not selected, so I will be working in London office on a work visa. Me and my gf want to be in US as soon as possible. The plan we have so far is to try to file for Direct Consular Filing (DCF) in London, however I have a number of questions:
1) Time and place of the marriage: when I start working, I'll have a B1 visa for work-related trips. Would it be better to get married in US, while I'm on B1 (I will have kind of 2-months training in US before starting full time in London) or wait until I go to London, fly here there (what kind of visa would she need, tourist visa etc.?) and get married in UK (is it hard/possible)?
2) One of the DCF requirements for United States Citizen (my gf) is to be in UK on a non-tourist visa. What options do we have here? My idea is after getting married, file for some sort of UK spouse visa (is there such thing, how long does it take, what are requirements?) to change her status and then apply for DCF. Would there be any problems with that?
3) I know for a spouse visa in UK, I need to have a certain income. In my case I would satisfy the requirement. What other tricks can be here? Do I have to be present in UK for a certain time?

Thank you!
1. Marriage Visit Visa seems appropriate.

2. Not easy, if impossible, I'd suggest T2, you are on T2, dependant but if you are not married and have no provable history of living together in a relationship akin to marriage, it's a no-no. As you are not a UK citizen Spouse visa won't work, only option is a work visa or student visa for her, so either she needs to highly skilled or you need to spend a lot (a huge lot, mnogo denik). Try BUNAC, google it, I know nothing about it.

3. You can't apply for her as a spouse, only as a dependant, see 2.
An chéad stad eile Stáisiún Uí Chonghaile....

dirty_valera
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Re: Direct Consular Filing in London for non-UK citizen

Post by dirty_valera » Tue May 03, 2016 11:34 pm

Wanderer wrote:
dirty_valera wrote:Hi everyone!

My question contains both US and UK immigration related topics. Me (Russian citizen) and my girlfriend (US citizen) met a year ago when I was in US on J1. We've been seeing each other for almost a year now (I'm currently studying in Canada, so she can come visit me almost every weekend) and recently decided to get married. I recently received a job offer from a major US based company with offices all over the world, however my H1B application was not selected, so I will be working in London office on a work visa. Me and my gf want to be in US as soon as possible. The plan we have so far is to try to file for Direct Consular Filing (DCF) in London, however I have a number of questions:
1) Time and place of the marriage: when I start working, I'll have a B1 visa for work-related trips. Would it be better to get married in US, while I'm on B1 (I will have kind of 2-months training in US before starting full time in London) or wait until I go to London, fly here there (what kind of visa would she need, tourist visa etc.?) and get married in UK (is it hard/possible)?
2) One of the DCF requirements for United States Citizen (my gf) is to be in UK on a non-tourist visa. What options do we have here? My idea is after getting married, file for some sort of UK spouse visa (is there such thing, how long does it take, what are requirements?) to change her status and then apply for DCF. Would there be any problems with that?
3) I know for a spouse visa in UK, I need to have a certain income. In my case I would satisfy the requirement. What other tricks can be here? Do I have to be present in UK for a certain time?

Thank you!
1. Marriage Visit Visa seems appropriate.

2. Not easy, if impossible, I'd suggest T2, you are on T2, dependant but if you are not married and have no provable history of living together in a relationship akin to marriage, it's a no-no. As you are not a UK citizen Spouse visa won't work, only option is a work visa or student visa for her, so either she needs to highly skilled or you need to spend a lot (a huge lot, mnogo denik). Try BUNAC, google it, I know nothing about it.

3. You can't apply for her as a spouse, only as a dependant, see 2.
Assuming she's in UK on a tourist visa, can we get married in UK? And if we are married, shouldn't there be any options for her to stay except work/study visa (I don't think all the foreigners working in UK have to obtain study visas for their family members to stay with them)?

noajthan
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Re: Direct Consular Filing in London for non-UK citizen

Post by noajthan » Tue May 03, 2016 11:39 pm

You are dealing with a Government depart
ment here, don't try to apply logic.

You cannot marry on a UK tourist visa; that's why you need a Marriage visa.

All those other people actually have visas too (the legals anyway) or else they are taking the EU route (not open to you).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

dirty_valera
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Re: Direct Consular Filing in London for non-UK citizen

Post by dirty_valera » Tue May 03, 2016 11:42 pm

noajthan wrote:You are dealing with a Government depart
ment here, don't try to apply logic.

You cannot marry on a UK tourist visa; that's why you need a Marriage visa.

All those other people actually have visas too (the legals anyway) or else they are taking the EU route (not open to you).
Let's say we got married outside UK and when she's here we are already official. Still no options to change her status from tourist to something else?

noajthan
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Location: UK

Re: Direct Consular Filing in London for non-UK citizen

Post by noajthan » Tue May 03, 2016 11:48 pm

dirty_valera wrote:
noajthan wrote:You are dealing with a Government depart
ment here, don't try to apply logic.

You cannot marry on a UK tourist visa; that's why you need a Marriage visa.

All those other people actually have visas too (the legals anyway) or else they are taking the EU route (not open to you).
Let's say we got married outside UK and when she's here we are already official. Still no options to change her status from tourist to something else?

If fiancee/wife needs a visa in her own right then it needs to be work-related (T2) or study (T4).

There are no visa-free non-tourist routes for non-EEA nationals. Don't forget we have all of Europe on our doorstep.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vinny
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Re: Direct Consular Filing in London for non-UK citizen

Post by vinny » Wed May 04, 2016 12:09 am

If your primary goal is DCF, then select a country where a non-resident US visitor may file. Else, she will have the extra burden of having to satisfy a third country's non visitor requirements, just for the sake of DCF? Probably not worth the hassle.
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dirty_valera
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Re: Direct Consular Filing in London for non-UK citizen

Post by dirty_valera » Wed May 04, 2016 12:15 am

vinny wrote:If your primary goal is DCF, then select a country where a non-resident US visitor may file. Else, she will have the extra burden of having to satisfy a third country's non visitor requirements, just for the sake of DCF? Probably not worth the hassle.
Do you know any countries where you can do DCF with both partners being visitors to this country?

Wanderer
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Re: Direct Consular Filing in London for non-UK citizen

Post by Wanderer » Wed May 04, 2016 11:17 am

EDIT: Messed up the quoting....
Last edited by Wanderer on Wed May 04, 2016 11:31 am, edited 1 time in total.
An chéad stad eile Stáisiún Uí Chonghaile....

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Direct Consular Filing in London for non-UK citizen

Post by Wanderer » Wed May 04, 2016 11:31 am

dirty_valera wrote:
vinny wrote:If your primary goal is DCF, then select a country where a non-resident US visitor may file. Else, she will have the extra burden of having to satisfy a third country's non visitor requirements, just for the sake of DCF? Probably not worth the hassle.
Do you know any countries where you can do DCF with both partners being visitors to this country?
Maybe Ukraine? Neither of you need a visa but neither Russians nor USians are very welcome there at the moment I'm told. My partner (Russian) has relatives in Kiev and they advised her not to go (for a planned visit).
An chéad stad eile Stáisiún Uí Chonghaile....

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