# I-130 Rejection DCF London USCIS



## someshine (Dec 5, 2012)

My I-130 Petition for Alien Relative filed at the London USCIS was rejected for the following reason: 

*"Your UK Residency Clearance expired on July 28, 2013. To be eligible to file your I-130 with this office you will need to provide a valid UK Entry Clearance along with the expired one to show that you have been residing in the UK for six months."*

The checklist asks for the following, and I provided the first one:

Proof of UK Residence: The U.S. petitioner must provide evidence that he/she has permission to live and work in the United Kingdom and has been a resident of the UK for a minimum of six months. 

Submit a copy of one of the following: 

* Appropriate UK Entry Clearance Stamp(s)*; OR 
 If Dual National, EU Passport – photo page; OR 
 U.S. Military PCS orders assigning you to the UK.

So, my residency clearance (stamp on visa in passport) expired 6 months after it was issued (the July 28 date they stated in the rejection) but because I arrived in the UK 15 days after the UK Entry Clearance was issued I have to provide this other information? What do they want, a copy of my biometric residence permit? Why put on the checklist to only provide ONE thing - the entry clearance stamp - then come back and say that's not valid to prove six months of residency?! Unless you arrive in the UK on the exact day your entry clearance is valid, you would not have six months residency before the stamp expires so why leave that out of the required documents? I submitted my marriage certificate so they know that I got married before my fiance visa/entry clearance expired. I don't get it.

Am I reading all this wrong?

Any help?


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## 2fargone (Jun 14, 2011)

someshine said:


> My I-130 Petition for Alien Relative filed at the London USCIS was rejected for the following reason:
> 
> *"Your UK Residency Clearance expired on July 28, 2013. To be eligible to file your I-130 with this office you will need to provide a valid UK Entry Clearance along with the expired one to show that you have been residing in the UK for six months."*
> 
> ...


What visa are you in the UK on? I think for DCF you have to be on a visa not just a tourist visa. 

Also you can still file from the UK. Just put your UK address for everything and send it to the Chicago Lockbox.


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## twostep (Apr 3, 2008)

Unless I am mistaken the entry stamp is nothing but proof of entry while biometrics show residence/authorization to work thus be in compliance with UCSIS's requirements " If the U.S. citizen has been authorized to be continuously residing within the jurisdiction of the consular office for at least the previous 6 months".


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## someshine (Dec 5, 2012)

Thanks guys. I came in on a fiance visa. The entry stamp is stamped onto the visa to show the day of arrival which is the day my residency started for the fiance visa. What I think they want now is my biometric residence card to show a more complete picture: that I came in on the fiance visa, got married and applied for and was granted a spouse visa/conditional leave to remain. Meaning I've lived here since I arrived more than six months ago.

I just got frustrated because the checklist says over and over not to send any extra information so I followed the checklist to the letter even though logic would tell me I should send more. But when I did my UK visas there were many times where logic didn't come into play! 

Yes I could file via Chicago Lockbox but it takes like less than half the time to get the visa if you file through a consulate instead of waiting in line (so to speak) with everyone else in the States.

Thanks for weighing in.


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