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

[lofty47 0]

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 April 30, 2015 by lofty47

[Nich-Nick 3,354]

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

[lost_at_sea 995]

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.

[Nich-Nick 3,354]

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

[lofty47 0]

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

[Nich-Nick 3,354]

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.

[Jack2107 46]

Speak to the embassy in Madrid. But the U.S. Citizen must have domicile in the EU to qualify for DCF