DCF even if spouse is not from that country?

[AmerHun 0]

Hi all,

I have another possible stupid question. My fiance (soon to be wife) is an EU citizen but her country does not have DCF. Is it possible to move to a country say Germany or the UK and file it from there? As she is an EU citizen once we marry it is my understanding that I will also have the ability to freely live in Europe. Am I ok in assuming that my fiance and me can file a DCF as long as we are simply residing in a country that allows DCF? She doesn't have to be German or British etc...?

Thanks again,

B

[EM_Vandaveer 2,408]

You have to reside in said country for 6 months before filing DCF.

[AmerHun 0]

Ok that will be easy. We were planning on possibly going back for a few years anyways.

Thank you!

B

[EM_Vandaveer 2,408]

You have to reside in said country for 6 months before filing DCF.

Sorry, I'm not sure why I thought that was the case. I can't find actual evidence of it.

[Kastrs 723]

In order for the benefficacy to be processed via a particular embassy he needs to legally reside in the country of that embassy's jurisdiction. To then qualify for dcf, the petitioner also needs to be a legal resident of said country typically for a minimum of 6 months in order to qualify for dcf.

Sorry, I'm not sure why I thought that was the case. I can't find actual evidence of it.

I believe the specific requirements to qualify for dcf are set by the embassy, but most if not all do seem to require at least 6 months of residence.

[JFH 12,190]

There is every chance the UK will leave the EU in 3 weeks time. I'd focus on Germany.

However, you won't save much time. You need to be resident there for 6 months before starting DCF. People are currently taking a little under a year from I-130 to interview by the "standard" route through the USCIS.

Edited June 3, 2016 by JFH

[Marrienne 113]

Hi all,

I have another possible stupid question. My fiance (soon to be wife) is an EU citizen but her country does not have DCF. Is it possible to move to a country say Germany or the UK and file it from there? As she is an EU citizen once we marry it is my understanding that I will also have the ability to freely live in Europe. Am I ok in assuming that my fiance and me can file a DCF as long as we are simply residing in a country that allows DCF? She doesn't have to be German or British etc...?

Thanks again,

B

You CAN live freely in any country in the EU, but *you* the non-EU citizen will need a special permit in order to do so. I am telling you this in confidence since my USC husband has been living in Europe for 18 years. He had a Legal Residence Permit from Germany which said on it it is valid for all EU, yet in Greece we had HUUUGE issues and they required a Greek permit in order for him to be considered here "legally".

So no, showing your marriage certificate to an EU citizen will not automatically grant you access, you need the necessary paperwork from whichever country you reside in the EU.

PM me if you need more info!!