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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

Aubrey
Well, my fiancé and I weren't originally planning on going this route, but things aren't working out with his student visa. I've read/heard from other VJ'rs that Frankfurt doesn't require 6 months residency in Germany to do DCF there, just a resident permit. Has anyone done this more recently and can verify this? The last post I saw verifying this is from August 07. I know that getting a resident card in Germany is pretty simple as a spouse and have checked into that already.

A couple more general questions regarding DCF:

Assuming we file in person, do I need to be present in Germany after the original filing? Or could I fly back to the USA?

My fiancé has no criminal record, does he still need to get a police certificate?

When do we file an AOS - the guide for DCF isn't clear to me, but the K3 stuff says it's at the spousal interview. Is that the case? I have to get a joint sponsor, so it'd be good to know I have a little time to get that.

I could really use some good news today. Bad bad day hearing this student visa isn't working. The prospect of even more months apart just sucks so much.
Penguin_ie
- You do not need to be present once the I-130 has been filed.
- He does need a police cert, because otherwise the embassy won't know that he doesn't have any convictions.
- With AOS I assume you mean Affidavit of Sopport, not Adjustment of Status. If so yes, the forms will need to be submitted and income/assets will need to be proven at the interview.
Mephibosheth
QUOTE(Aubrey @ Jun 20 2008, 11:10 PM) *
Well, my fiancé and I weren't originally planning on going this route, but things aren't working out with his student visa. I've read/heard from other VJ'rs that Frankfurt doesn't require 6 months residency in Germany to do DCF there, just a resident permit. Has anyone done this more recently and can verify this? The last post I saw verifying this is from August 07. I know that getting a resident card in Germany is pretty simple as a spouse and have checked into that already.

A couple more general questions regarding DCF:

Assuming we file in person, do I need to be present in Germany after the original filing? Or could I fly back to the USA?

My fiancé has no criminal record, does he still need to get a police certificate?

When do we file an AOS - the guide for DCF isn't clear to me, but the K3 stuff says it's at the spousal interview. Is that the case? I have to get a joint sponsor, so it'd be good to know I have a little time to get that.

I could really use some good news today. Bad bad day hearing this student visa isn't working. The prospect of even more months apart just sucks so much.



Hey.... I did DCF in Frankfurt (me German, wife American) and i decided not to ask about the 6 months rule and my wife would not have fulfilled that requirement, but their website didn't say anything, so ...

Everything went well for me, but that was about a year ago. The following post: http://www.visajourney.com/forums/index.ph...t&p=1182840 says that the 6 month rule now applies. (posted after I made it through) so... that is all the info I have... you can either just risk it, try to get an official answer from somebody in Frankfurt or go a different route... those are the options smile.gif

best of luck to you
dd0914
QUOTE(Mephibosheth @ Jul 16 2008, 07:46 AM) *
QUOTE(Aubrey @ Jun 20 2008, 11:10 PM) *
Well, my fiancé and I weren't originally planning on going this route, but things aren't working out with his student visa. I've read/heard from other VJ'rs that Frankfurt doesn't require 6 months residency in Germany to do DCF there, just a resident permit. Has anyone done this more recently and can verify this? The last post I saw verifying this is from August 07. I know that getting a resident card in Germany is pretty simple as a spouse and have checked into that already.

A couple more general questions regarding DCF:

Assuming we file in person, do I need to be present in Germany after the original filing? Or could I fly back to the USA?

My fiancé has no criminal record, does he still need to get a police certificate?

When do we file an AOS - the guide for DCF isn't clear to me, but the K3 stuff says it's at the spousal interview. Is that the case? I have to get a joint sponsor, so it'd be good to know I have a little time to get that.

I could really use some good news today. Bad bad day hearing this student visa isn't working. The prospect of even more months apart just sucks so much.



Hey.... I did DCF in Frankfurt (me German, wife American) and i decided not to ask about the 6 months rule and my wife would not have fulfilled that requirement, but their website didn't say anything, so ...

Everything went well for me, but that was about a year ago. The following post: http://www.visajourney.com/forums/index.ph...t&p=1182840 says that the 6 month rule now applies. (posted after I made it through) so... that is all the info I have... you can either just risk it, try to get an official answer from somebody in Frankfurt or go a different route... those are the options smile.gif

best of luck to you


i am getting ready to mail my I130 on friday for DCF for my german husband. I have lived here since february.. i have seen nothing that states on the embassy that you must be here 6 months. i hear that but i have seen nothing on the website stating that and i think they would have too. all it says in big black bold letters is you must have a resident permit. so i will let you know if they end up sending it back to me.. i havent been here quite 6 months. almost! so i will let you know.
kaffy
Just a comment about the 6 month residency requirement for DCF when I was preparing to file my I-130 I didn't see anything on the Sydney Consulate's website about a residency requirement however when we contacted them to make our appointment they forwarded us two documents - one of which is titled I-130 Petitioner Residency Requirements and states-

QUOTE
Under the revised procedures for filing petitions outside of the U.S., embassies and consulates may resume accepting I-130 petitions from American citizen petitioners who have maintained continuous residency in the consular district a minimum of the preceding six months. Petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so for at least six months before filing the petition.


Best to confirm with the Frankfurt consulate I think. Good luck!
dd0914
QUOTE(kaffy @ Jul 16 2008, 11:39 AM) *
Just a comment about the 6 month residency requirement for DCF when I was preparing to file my I-130 I didn't see anything on the Sydney Consulate's website about a residency requirement however when we contacted them to make our appointment they forwarded us two documents - one of which is titled I-130 Petitioner Residency Requirements and states-

QUOTE
Under the revised procedures for filing petitions outside of the U.S., embassies and consulates may resume accepting I-130 petitions from American citizen petitioners who have maintained continuous residency in the consular district a minimum of the preceding six months. Petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so for at least six months before filing the petition.


Best to confirm with the Frankfurt consulate I think. Good luck!


i sent them an email asking about the 6 month rule.. and the first time i wrote that they sent me a link to there instructions for the I130 petition and all it said was you must have a resident permit which really didnt anwser my question lol. so i just wrote again we will see what they say this time. ugh lol
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