Jump to content
bharats

DCF Dual Citizen USA/UK

6 posts in this topic

Recommended Posts

Hi,

 

So I'm looking to see if anyone has experienced this or come across this. I'm sure there are lots of people who were in the same boat, and at least a couple must have tried it...

 

My wife is a dual UK/USA citizen so she has the right to live and work in both countries. I am a UK citizen.

She lives and works in the USA, and has done for the past 10 years, but has maintained a UK bank account and address (family home from when she lived here).

 

The London Embassy checklist only ask for proof of residency such as a passport, but not proof of the 6 months residency requirement, although that is listed as a requirement.

The checklist for I-130 spouse can be found at the bottom of the following link:

https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

 

My wife does not fulfil the 6 month requirement, but she does fulfil the right to reside, and no proof is asked for the 6 months requirement.

 

Has anyone had experience of filing DCF with the following combination; the sponsor is a dual citizen, not residing in the UK, but has every right to. the beneficiary is a UK citizen residing in the UK.

 

I'm looking for positive or negative experiences!

I believe it should be a very straight forward case for us; we have a travel history spanning a few years, a few letters, lots of phone calls, (so a well documented bona fide marraige), and no prior immigration violations or criminal convictions.

 

Thanks for any information you can supply :)

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

She would need to reside in the UK, and has very little time to do so.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Netherlands
Timeline
16 minutes ago, bharats said:

and no proof is asked for the 6 months requirement.

It would be easily noticed by just looking at the application. The I-130 form asks for historical addresses of the past 5 years, so that will show it, unless you're willing to lie on the forms (bad idea). A glance on the tax paperwork also makes it apparent and I'm sure any additional documentation to prove bonafides of the marriage might give it away too. If she had any economic activity in the US (work, credit, etc.) it will show in multiple government databases.  

 

Personally I'd try to file for DCF because that's how I am (nothing ventured, nothing gained), just make sure you don't lie at all. Lying in any way or form can result in severe consequences for immigration benefits.


We Don’t Have A Difference In Political Opinion, We Have A Difference In Morality

 

The rooster that took credit for the sunrise acted surprised when they blamed him for the sunset…

 

Schrödinger's AOS: You can't use AOS, unless you weren't planning on using AOS.

 

Spoiler
  • 2020-02-05: Packet send to Chicago lockbox w/USPS
  • 2020-02-06: Packet received
  • 2020-02-12: Confirmation texts received
  • 2020-02-13: Cheques cashed
  • 2020-02-15: NOAs received (Notice date 2020-02-11)
  • 2020-02-20: Requested to Expedite EAD through phone
  • 2020-02-22: Biometrics letter received (dated 2020-02-14)
  • 2020-03-06: Biometrics appointment
  • 2020-02-24: Walk in biometrics
  • 2020-02-25: I-485 & I-765 Status Updated to Fingerprints received & Initial Review
  • 2020-02-25: Request for additional information for EAD expedite
  • 2020-02-25: Faxed additional information for EAD expedite
  • 2020-02-27: EAD expedite approved
  • 2020-02-28: RFE generated
  • 2020-03-05: RFE received
  • 2020-03-08: Response to RFE send
  • 2020-03-10: Response to RFE received by USCIS
  • 2020-03-11: Case status reflects receipt response to RFE
  • 2020-03-19: I-485 Case is Ready to Be Scheduled for An Interview
  • 2020-03-25: I-131 Case Was Updated To Show Fingerprints Were Taken
  • 2020-04-07: EAD New Card Is Being Produced
  • 2020-04-08: EAD Case Was Approved
  • 2020-04-08: AP Case Was Approved
  • 2020-04-11: EAD/AP Notice of approval received
  • 2020-04-14: Combo card (EAD/AP) received

 

36D9m5.png


 

Share this post


Link to post
Share on other sites
Posted (edited)
12 minutes ago, Poseidon1212 said:

It would be easily noticed by just looking at the application

Yup, I absolutely agree. It will be completely obvious throughout the entire process. There is no hiding it, and like you said, lying is not worth it on these applications.

She has lived there for the past 11 years; went to high school, undergrad, post grad, and now has a job there. No getting around that one. Unless they would accept a weekend trip to the UK as residency.. :P 

 

I was just curious if anyone had attempted it and failed, or succeeded.. Not just curious, but looking to see the potential for it...

Edited by bharats

Share this post


Link to post
Share on other sites
9 hours ago, bharats said:

Yup, I absolutely agree. It will be completely obvious throughout the entire process. There is no hiding it, and like you said, lying is not worth it on these applications.

She has lived there for the past 11 years; went to high school, undergrad, post grad, and now has a job there. No getting around that one. Unless they would accept a weekend trip to the UK as residency.. :P 

 

I was just curious if anyone had attempted it and failed, or succeeded.. Not just curious, but looking to see the potential for it...

As long as she is there when the I-130 is filed at USCIS she will be considered a resident.

 

I did not "live in Mexico" for the 6 months prior to our DCF.  I had proof of my residency going back about 8 years.  I also had a Mexican drivers license and utility bills but no one asked for them.

 

I would file it and see what happens.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline
14 minutes ago, Paul & Mary said:

As long as she is there when the I-130 is filed at USCIS she will be considered a resident.

 

I did not "live in Mexico" for the 6 months prior to our DCF.  I had proof of my residency going back about 8 years.  I also had a Mexican drivers license and utility bills but no one asked for them.

 

I would file it and see what happens.

There seems no plan for her to visit the UK.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...