lofty47

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

From the checklist for the I-130 checklist (http://photos.state.gov/libraries/unitedkingdom/164203/dhs/i130-checklist_for_spouse.pdf):

'The US petitioner must provide evidence that he/she has permission to live and work in the United Kingdom. Submit a copy of one the following:

1. Valid UK residency card or stamp

2. If dual national, EU passport - photo page

3. US military PCS orders assigning you to the UK'

#2 is applicable to us, and there is no indication that utility bills/lease agreements/etc are required. So, it suggests that you don't need proof of actually living in the UK, you just need proof of permission to live here (so in my case, my partner's EU citizenship is proof of that permission).

I've emailed the embassy and they've not been very helpful. I think I'll seek legal advice on this before we submit the petition - if it works it'll make life a lot easier. I'll post my findings here

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!

Hi Werdnum,

I've just started looking into this and could use some pointers too. I'm a British citizen and my fiance is a US/Spanish dual citizen. We want to get married here and follow the same process you're suggesting. Would you be able to point me in the right direction for information on how to begin this process?

For the others, my query is similar to Werdnum:

My fiance lives in the US, but we would get married in the UK with the intention of moving back to the US asap. Would his Spanish citizenship allow him to meet the residency requirement to do the DCF in London? Alternatively, could we do it in Spain?

Thanks!