DCF London - Residency

[Sarah1992 2]

Hi Everyone, does anyone know how long USC spouse would need to be a resident in the UK before filling for DCF. My husband only recently received his UK BRP card but is being transferred back to the US in a couple months? I saw on VJ that the 6 month requirement expired in 2014 - are we sure this is the case? 

Has anyone filed for DCF having been resident in the UK less than 6 months? 

 

[Just Paul 4,595]

He just needs residency.  It doesn't matter how long.

[Sarah1992 2]

Are you sure on this? Did you file with a spouse not being resident for 6 months successfully? 

[Just Paul 4,595]

9 hours ago, Sarah1992 said:

Are you sure on this?

He only needs to include a photocopy of his visa and entry stamp or residency card.

9 hours ago, Sarah1992 said:

Did you file with a spouse not being resident for 6 months successfully? 

Our case was a bit different.   I, as the petitioner, had Mexican Permanent Residency but never really lived in Mexico. My beneficiary was given a Mexican Permanent Resident Visa when we were in Hong Kong and we filed her US petition a few days after she received her Mexican Green Card.

 

All they cared about at the consulate was that we both had Mexican Residency.  

[saksnoot 31]

On 8/23/2021 at 5:58 PM, Sarah1992 said:

Are you sure on this? Did you file with a spouse not being resident for 6 months successfully? 

I filed DCF in London a few months ago. They ask for a BRP, but I know that a few years ago USCIS field office in London got rid of the 6 month requirement. Seems like DoS is following most of the same requirements for exceptional circumstances filings.

 

They’ll likely ask the petitioner what they do in the UK and where in the UK they live at the time of filing. They asked me those things. 

[Sarah1992 2]

Thank you so much for the comment! So great to hear of someone who has filed through London recently. 
Did you use a lawyer to file? What documents were needed. My husband has his BRP and his company want him back in the US in the new year. I am wondering when best to file however as he has only been here since June and don't want a rejection on grounds of him not being resident for 6 months!