Are we elegible for the DCF?

[Lauralema 0]

Hello,

I'm an Spanish citizen and I got married to my American boyfriend last January in Vegas.

My husband works for a construction company which is in charge of the remodelation of the American embassies throughout the world and therefore we move from one country to another constantly, right now we are in Slovakia but most likely we will be out of this country in a month. We normaly don't stay more than 6 months in any of the countries he's assigned so we never apply for a permanent residency but stay under a working visa.

Can we apply for a DCF if we don't reside permanently in any country not even in the US or Spain?

Thanks for your help,

Laura

[NigeriaorBust 4,087]

You the USC must have legal residenticy in whatever country for 6 months to be eligle to file there as a DCF and the country must be served by a USCIS office. He must be available in that same country for medical and interview. He will need police certificates from every country he has lived more than 6 months since 18.

[Holly2234 66]

Everything that the previous poster said is correct, but the opposite way around since you are not the USC.

[Penguin_ie 5,994]

Unless he gets a longer contract somewhere that lasts more than 6 months, no DCF for you. However, experiences here on VJ show that even if not elligible for DCF, if you reside abroad and send your docs to the Chicago lockbox with a mailing address abroad, it seems to get fast tracked most of the time.

[GlobeHopperMama 95]

I would check with the embassy/consulate where you are right now. I've known several people on another immigration forum who were able to DCF without meeting the Dept of State's requirements for DCF, just because the local consulate decided not to enforce those requirements. One person DCFed successfully with just a week of residence on a resident visa, and some others were able to do so within months of arriving, and without even holding a resident visa, just utility bills as proof of residence in the country (which I find incredibly odd, but whatever, consulate's call). There's no guarantee that it can work because ultimately at any point any consulate could choose to adhere to the Dept of State guidelines which would disqualify you from DCF unless you have 6 months on a resident visa, but this is one of the few areas where I've seen consulates making exceptions even in non-emergency situations.