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lofty47

DCF in UK or Spain- are we elligible? (split)

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Hi,

I'm new to this website so not sure if this is the right thread to post in, but am hoping for some guidance on the DCF residency requirement.

I am a British citizen residing in the UK, and my fiance is a US/Spanish dual citizen residing in the US. Would the Spanish citizenship qualify us for the DCF route (considering that it works as EU citizenship as well)? We're planning on getting married in the UK and then I would move to the US to be with him.

Alternatively, could we go down the DCF route if we did it in Spain?

Thanks!

Edited by lofty47

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Hi,

I'm new to this website so not sure if this is the right thread to post in, but am hoping for some guidance on the DCF residency requirement.

I am a British citizen residing in the UK, and my fiance is a US/Spanish dual citizen residing in the US. Would the Spanish citizenship qualify us for the DCF route (considering that it works as EU citizenship as well)? We're planning on getting married in the UK and then I would move to the US to be with him.

Alternatively, could we go down the DCF route if we did it in Spain?

Thanks!

From the website-- http://london.usembassy.gov/dhs/uscis/i130filing.html

Who can file Form I-130 with the London Field Office?

The USCIS Field Office London will only accept Form I-130 (Petition for Alien Relative) filed by United States citizens or Lawful Permanent Residents who are legally resident in the United Kingdom.

US citizens and Lawful Permanent Residents whose principal residence is not in the United Kingdom and/or who entered the United Kingdom as a tourist or visitor must file the Form

I-130 with the Chicago or Phoenix Lockbox.

Check the documentation required to prove UK residency on this form http://photos.state.gov/libraries/unitedkingdom/164203/dhs/i130-checklist_for_spouse.pdf


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Hi,

I'm new to this website so not sure if this is the right thread to post in, but am hoping for some guidance on the DCF residency requirement.

I am a British citizen residing in the UK, and my fiance is a US/Spanish dual citizen residing in the US. Would the Spanish citizenship qualify us for the DCF route (considering that it works as EU citizenship as well)? We're planning on getting married in the UK and then I would move to the US to be with him.

Alternatively, could we go down the DCF route if we did it in Spain?

Thanks!

Feels like grey area...

1. The pdf Nich posted suggests you just need the first page of the EU passport, but that feels like a weird loophole. You might want to email them and ask about it. I emailed them a few months ago to ask about length of residency requirements (which used to be 6 months long) but they removed that, so maybe they just don't care anymore and want to make it just generally easier for people in the UK.

2. Spain does not have an embassy that offers DCF, so you'll have to work out if the UK route will fly for you or not, else follow the US-filing path.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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I think the intent is for her to actually be living in the UK, but I suppose there might be creative ways around it.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Feels like grey area...

1. The pdf Nich posted suggests you just need the first page of the EU passport, but that feels like a weird loophole. You might want to email them and ask about it. I emailed them a few months ago to ask about length of residency requirements (which used to be 6 months long) but they removed that, so maybe they just don't care anymore and want to make it just generally easier for people in the UK.

2. Spain does not have an embassy that offers DCF, so you'll have to work out if the UK route will fly for you or not, else follow the US-filing path.

Thank you for this. I've tried emailing them but they're being very evasive in their response! The fact that the requirements are for evidence of permission to live (my fiance's EU passport being just that) I would hope we meet those requirements. I'll do some more research and asking around in the meantime. Thanks again :)

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Thank you for this. I've tried emailing them but they're being very evasive in their response! The fact that the requirements are for evidence of permission to live (my fiance's EU passport being just that) I would hope we meet those requirements. I'll do some more research and asking around in the meantime. Thanks again :)

First you have to marry. Then I think in order to qualify you would have to list her "principal residence" as an address in the UK. That would be more than just her address on the I-130 petition. There is a biographic form where she lists her address history and job history for the last five years.

So while you have something to show she is qualified to live in the UK, you are going to have to falsify several documents that she actually has her principal residence in the UK. Not a good idea. Misrepresentation to obtain immigration benefits could mess up your entire future together.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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