DCF Interview and Beneficiary Residency Problem

[funkyab 0]

Hi Everyone,

My wife got her letter scheduling her interview at the Embassy in Stockholm.

On the form of what is required to bring it includes "Proof of residence: personbevis (extract from population registry) in english from the tax office"

This makes no sense to us. She is not a resident of Sweden. I am. No where does it state that the beneficiary need to be a resident of the consular district where the petition is being filed. Also, she is norwegian and by law is not required to even register as a resident in Sweden.

Does anyone have any input?

[Chica Yeyé 41]

Hi Everyone,

My wife got her letter scheduling her interview at the Embassy in Stockholm.

On the form of what is required to bring it includes "Proof of residence: personbevis (extract from population registry) in english from the tax office"

This makes no sense to us. She is not a resident of Sweden. I am. No where does it state that the beneficiary need to be a resident of the consular district where the petition is being filed. Also, she is norwegian and by law is not required to even register as a resident in Sweden.

Does anyone have any input?

We did DCF and it was the rule that both of us had to be residents of the consular district in question, that's how we came to be eligible for DCF in the first place. We both lived in Edmonton at the time of filing and when the interview occurred -- and we both had to prove our residence was legal. Is it impossible for her to obtain the personbevis?

[payxibka 10,045]

NM

Edited February 6, 2008 by fwaguy

[funkyab 0]

When you did DCF, how did they inform you that you both had to be residents?

concerning the personbevis, indeed it is impossible. She is Norwegian and is not registered in Sweden. Citizens of Nordic countries are not required to register in Sweden if they have lived there less than a year.

No where on the ds-2002 does it state that she needs to include any residency from Sweden, only from her place of residence.

I have searched and searched and nowhere does it state that the beneficiary needs to be resident. No where in any formus or embassy websites. And the foreign affairs manual SPECIFICALLY states that the beneficiary need not be a resident.

It is absurd to think that living in Sweden i am only allowed to file for Swedes. Would be like saying that if i was living in the US i could not marry and file for anyone but other americans or permanent residents.

I guess I will just have her take the page from the foreign affairs manual to show that this is not indicated as a requirement.

(CT:VISA-881; 05-09-2007)

a. Under a longstanding agreement, DHS authorized consular officers

assigned to countries where no USCIS officer is stationed to approve the

following kinds of petitions if they are "clearly approvable," and if one of

the conditions listed in section © below, is met. Whenever petitions are

adjudicated under this authority, the petitioner and the visa applicant

must be physically present in the district and the beneficiary must be

likely to be able to remain in the country for the time it normally takes to

process the visa. The beneficiary need not be a resident of the consular

district.

Anyone else ever ran into this?

[Chica Yeyé 41]

Nope - doesn't mean you can only file for Swedes. I am a Mexican citizen and my husband is the USC, but we both lived in Canada where we got married and filed for DCF: and we both had to prove, like I said before, our legal residence in Canada (by sending in copies of our immigration permits as foreign students). You have to be a resident of the consular district, not a citizen.

Check: http://www.visajourney.com/forums/index.ph...om&page=dcf

and just to be on the safe side, you might want to contact the consulate.

Good luck, L.

[funkyab 0]

Thanks for your input. At this point I dont think it matters if I contact the consulate or not. Her interview is in one week. I guess we will just hope for the best and take the information from the foreign affairs manual. After all, that is technically the bible for this type of process.

Regardless, the consulate does not have the power to deny anything, only forward it to USCIS regional office for review.

[Chica Yeyé 41]

Okiedokie. Good luck.

[Flames9_RN 358]

Thanks for your input. At this point I dont think it matters if I contact the consulate or not. Her interview is in one week. I guess we will just hope for the best and take the information from the foreign affairs manual. After all, that is technically the bible for this type of process.

Regardless, the consulate does not have the power to deny anything, only forward it to USCIS regional office for review.

You might be surprised of the power they have!! If one didnt have to be a resident of that country, everyone would DCF. Best of luck.

[trailmix 77]

Thanks for your input. At this point I dont think it matters if I contact the consulate or not. Her interview is in one week. I guess we will just hope for the best and take the information from the foreign affairs manual. After all, that is technically the bible for this type of process.

Regardless, the consulate does not have the power to deny anything, only forward it to USCIS regional office for review.

You might be surprised of the power they have!! If one didnt have to be a resident of that country, everyone would DCF. Best of luck.

There is a VJ member 'Mandy' who was living in Canada with her Husband. They ended up having to transfer their case to the consulate in Ireland as they we only visitors in Canada technically. It got as far as Montreal before they were told they had to move it to Ireland, based on her contacting MTL to inquire.

Montreal does send out information (via NVC) on their requirements:

[Chica Yeyé 41]

Montreal does send out information (via NVC) on their requirements:

Agreed trailmix. But what can I tell you sister????

[funkyab 0]

This information is informative however still says nothing about the beneficiary. This is the main question I have raised. I have no question about my own personal status considering that I am an American Citizen, with a Swedish passport and proof of residency in sweden for much longer than 6 months.

Ultimately it seems that there are no static rules for the beneficiary which makes sense. If someone is living legally in a counry and meets and marries someone who is in that country legally, it should not matter where that other person is from. It would be like if a citizen in the U.S. met someone from lets say spain who was in the country legally but uscis said they could not file because the person was not registered as a resident, even though they had a valid visa.

I got information from 3 different places (besides the foreign affairs manual} confirming this.

From the US embassy in netherlands:

“**If your spouse is not Dutch the Consulate may ask for proof he/she has permission to reside in the Netherlands long enough to process the immigrant visa application. A Dutch residence permit is preferred but you may demonstrate this in other ways.””

From a document from US embassy in germany:

Adjudication of Immediate Relative Visa Petitions

Since there is a CIS office in Frankfurt, the CIS office will adjudicate I-130, I-600A, and I-600 petitions

when the USC petitioner resides in Germany. Proof of residency is required. (Beneficiary can reside outside

of Germany.)

From US embassy in Denmark:

The US citizen sponsor OR the Non US spouse must be resident in Denmark for at least six months preceeding the filing of the application.

I find it interesting that from all the places I have posted this question and situation no one has really been able to give any answers more than guesses.

It seems like my situation would not be so unique. A USC graduate student with citizenship and residency in sweden required to study at a second university for one term of the work, meets a girl there from the same program, falls in love live together for several months, then as required by the degree has do do an practical module and both do it living together in a 3rd country (kenya) and decide to get get married, however never actually lived together for any sig amount of time in Sweden.

There are hundreds of thousand people in my case that are highly mobile and in many cases required to be so, especially those that are EU students.

In reality, how else could we even have filed? There is always the K3 route but that would only be good if i would have chosen to move back to the US first and do that. The whole idea of moving back to states is for us to do something together and wouldnt necessarily happenif we thought we would have a long wait for processing.

I hope others in my case find this thread informative.

[Chica Yeyé 41]

I did not GUESS. I told you my own experience. The Consulate in Montreal requested that both of us provided proof of legal residence in Canada. Go with your gut, and I hope you get approved my friend. But residency in the consular district for DCF filers is the main staple item. Otherwise, anyone could do DCF.

Peace out.

[trailmix 77]

I did not GUESS. I told you my own experience. The Consulate in Montreal requested that both of us provided proof of legal residence in Canada. Go with your gut, and I hope you get approved my friend. But residency in the consular district for DCF filers is the main staple item. Otherwise, anyone could do DCF.

Peace out.

"This information is informative however still says nothing about the beneficiary".

This information was sent to the beneficiary. We had to provide the NVC with a copy of my Husband's Canadian permanent residency card.

"I find it interesting that from all the places I have posted this question and situation no one has really been able to give any answers more than guesses".

These aren't 'guesses', we are telling you what our experience has been. That said, this is immigration, it is not an exact science. Will you get to the consulate and have any problem with residency, maybe - maybe not. The only way you can find that out is to ask them.

"In reality, how else could we even have filed"?

Through USCIS directly in the U.S.. You can both be living in another country and file for a CR1/IR1 with USCIS.

Good luck with your interview, please come back and tell us how it went

Edited February 11, 2008 by trailmix