Permanent Residency Requirement prior to apply through DCF for ICR

[saj102965 1]

I was reading in the guides and it states that you must establish permanent residence for 6 months in the country you will applying through the DCF. My friend wants to go to South AFrica and marry her fiance in South Africa and then apply through DCF and she would like to know if it is required that she reside in South AFrica for 6 months prior to applying? How would she establish residency there in order to meet this requirement?

After she were to apply for DCF how long would she and her husband be allowed to stay in South AFrica before returning to USA? From what I read it states that the visa would be good for 6 months and that would mean she and her husband would have to move to USA within that 6 month time period.

Thank you.

[NigeriaorBust 4,087]

Does he have resident status in South Africa? Is he a native ?

[VanessaTony 3,567]

Yes it is required to be living in the foreign country for 6 months PRIOR to applying. She will, I believe, require a visa (residency or citizenship there) giving her permission to live there, not just a visitor visa.

Once she has applied, as you stated, she will remain there while the DCF is processing but will need to show she is planning to "re-establish domicile" in the US. He will have 6 months to activate his LPR status by entering the US on his visa.

She will be basically be living in SA for a minimum of 6 months, and depending on processing time, another 3+ months to get the visa. That is IF they're approved, there are no guarantees, and depending on the length of administrative processing.

[saj102965 1]

Yes it is required to be living in the foreign country for 6 months PRIOR to applying. She will, I believe, require a visa (residency or citizenship there) giving her permission to live there, not just a visitor visa.

Once she has applied, as you stated, she will remain there while the DCF is processing but will need to show she is planning to "re-establish domicile" in the US. He will have 6 months to activate his LPR status by entering the US on his visa.

She will be basically be living in SA for a minimum of 6 months, and depending on processing time, another 3+ months to get the visa. That is IF they're approved, there are no guarantees, and depending on the length of administrative processing.

thank you so much. Would she check with the US Consulate on how to go about establishing residence in South Africa while the DCF is pending or is that something she would address direclty with the South African government?

[saj102965 1]

Does he have resident status in South Africa? Is he a native ?

yes her fiance is a resident of South Africa.

[VanessaTony 3,567]

thank you so much. Would she check with the US Consulate on how to go about establishing residence in South Africa while the DCF is pending or is that something she would address direclty with the South African government?

She needs to establish residence in South Africa BEFORE she files DCF, not while DCF is pending, and she needs to wait 6 months from establishing that residence before she can file for DCF. This is something she needs to do with the South African government. but she would benefit from asking the US government what they require to make her eligible for DCF (outside of the 6 months living legally in SA before filing)